Agenda of Ordinary Meeting - 26 October 2015

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 28 SEPTEMBER 2015 AT 7:34PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Karen McKeown 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

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

LEAVE OF ABSENCE

273 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Mark Davies from 28 September 2015 to 3 October 2015 inclusive.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 21 September 2015

274 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain that the minutes of the Ordinary Meeting of 21 September 2015 be confirmed.

DECLARATIONS OF INTEREST

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Tender Reference 14/15-26 Weekly Council News Page & Quarterly Community Newsletter as his son is a journalist working for another newspaper, which did not submit a tender.

Councillor Kevin Crameri OA declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 – Development Application DA14/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 Ninth Avenue, Jordan Springs Applicant: Maryland Development Company Pty Ltd; Owner: ~St Marys Land Limited as he is a resident of Llandilo.

Councillor Greg Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Tender Reference 14/15-26 Weekly Council News Page & Quarterly Community Newsletter as his wife is the owner of another newspaper which circulates in the area.

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Tender Reference 14/15-26 Weekly Council News Page & Quarterly Community Newsletter as he was a former Director and Secretary of one of the tenderers.

Her Worship the Mayor, Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Significant in Item 7 - Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting at Lot 122 DP709303 (No. 41-47) Jolly Street, Castlereagh Applicant: Ty Gosling; Owner: ~Ty and Deanne Gosling, as her son was employed by a company owned by the applicants for the development. Councillor McKeown stated that she would not participate in any debate of these matters and she would leave the meeting during consideration of these items.

Her Worship the Mayor, Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Significant in Item 5 - Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 (Item 1 – Rezoning Application (RZ15/0001) - 88-89 Nepean Gorge Drive, Mulgoa (Owner) Angas Securities Limited) as her husband owns a printing business and one of the persons addressing the meeting tonight, Dr Adrian Sheen, is a customer of her husband. Councillor McKeown indicated that she would leave the meeting during consideration of this item.

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 (Item 1 – Rezoning Application (RZ15/0001) – 88-89 Nepean Gorge Drive, Mulgoa) as he is a resident of Mulgoa.

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 11 - Tender Reference RFT 15/16-03 Concrete Maintenance Works: Footpath and Kerb and Gutter as two of the tenderers are friends of hers. Councillor Hitchen indicated she would leave the meeting during consideration of this item.

SUSPENSION OF STANDING ORDERS

275 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Maurice Girotto that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:47 pm.

Mr Adrian Sheen

Item 5 - Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 (Item 1 – Rezoning Application (RX15/0001) – 88-89 Nepean Gorge Drive, Mulgoa (Owner) Angas Securities Limited (as Mortgagee in Possession)

Mr Sheen, a concerned neighbour, spoke in opposition to the recommendation. Mr Sheen outlined his concerns regarding the subdivision, including the loss of critically endangered shale transitional forest and the clearance of the land associated with the proposed subdivision. Mr Sheen also raised a concern regarding a possible non-adherence with Penrith LEP 2010.

Mr Peter Harvey

Item 5 - Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 (Item 1 – Rezoning Application (RX15/0001) – 88-89 Nepean Gorge Drive, Mulgoa (Owner) Angas Securities Limited (as Mortgagee in Possession)

Mr Harvey, President of the Mulgoa Progress Association, spoke in opposition to the recommendation. Mr Harvey stated the spot rezoning should not be supported and that it should only be supported if the Council can guarantee that it will not create a precedent for Mulgoa. Mr Harvey then stated that, given that Council cannot guarantee that it will not create a precedent, the planning proposal should not be supported. Mr Harvey reiterated his points of address from the Policy Review Committee Meeting on 14 September 2015, in particular his concerns that important natural habitats will be affected by the proposed rezoning.

Arthur Ilias

Item 6 – DA 15/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 Ninth Avenue, Jordan Springs

Mr Ilias, spokesperson for the applicant, spoke in support of the recommendation. Mr Ilias reconfirmed Lendlease’s ongoing work with Penrith City Council and key stakeholders to resolve any issues raised during the approval process and that they have responded to community concerns by increasing the conservation corridor. Mr Ilias noted that discussions are continuing at a senior level between Council and Lendlease to resolve a number of strategic issues. Mr Ilias concluded by stating that the opportunity exists to take an holistic approach to find a suitable outcome for Council, Lendlease and the broader community relating to community amenity and conservation outcomes.

Mr Wayne Olling

Item 6 – DA 15/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 Ninth Avenue, Jordan Springs

Mr Olling, Secretary of Cumberland Conservation Network, spoke in opposition to the recommendation. Mr Olling stated that while the Conservation Network seeks conservation of the whole 23 ha of Cumberland Plain Woodland affected by the proposed development, they recognise the constraints that Penrith City Council is working within. Mr Olling expressed the Network’s appreciation of Council’s efforts in this regard, but also asked for some improvement on what has been recommended in order to achieve a viable conservation outcome.

RESUMPTION OF STANDING ORDERS

276 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch that Standing Orders be resumed, the time being 8:16pm.

Reports of Committees

1 Report and Recommendations of the Access Committee Meeting held on 12 August 2015

277 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 August, 2015 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 31 August 2015

278 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 31 August, 2015 be adopted.

3 Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 2 September 2015

279 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Maurice Girotto that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 2 September, 2015 be adopted.

4 Report and Recommendations of the Local Traffic Committee Meeting held on 7 September 2015

280 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 September, 2015 be adopted.

Procedural Motion

281 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that consideration of the Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 and Item 7 - Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting at Lot 122 DP709303 (No. 41-47) Jolly Street, Castlereagh Applicant: Ty Gosling; Owner: ~Ty and Deanne Gosling be brought forward for consideration before Item 1 and that Item 15 be considered at the conclusion of the Committee of the Whole.

Having previously declared Non-Pecuniary Conflict of Interest in Item 5 of the Report and Recommendations of the Policy Review Committee held on 14 September 2015 and Item 7 of the Delivery Program Reports, Her Worship the Mayor, Councillor Karen McKeown vacated the Chair and left the meeting, the time being 8:19pm.

The Deputy Mayor, Councillor Ross Fowler OAM took the Chair, the time being 8:20pm.

5 Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 (excluding Item 1)

282 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 September, 2015 be adopted, with the exception of Item 1.

5 Report and Recommendations of the Policy Review Committee Meeting held on 14 September 2015 – Item 1

283 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that the recommendation contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 September, 2015, with regard to Item 1 be adopted.

An AMENDMENT was moved by Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that consideration of this matter be deferred until a works inspection has been completed.

The AMENDMENT was PUT.

The AMENDMENT was LOST.

For	Against
Councillor Kevin Crameri OAM	Councillor Prue Car MP
Councillor Marcus Cornish	Councillor Greg Davies
Councillor Maurice Girotto	Councillor John Thain
Councillor Jackie Greenow OAM	Councillor Ross Fowler OAM
Councillor Jim Aitken OAM	Councillor Ben Goldfinch
Councillor Michelle Tormey	Councillor Tricia Hitchen
	Councillor Bernard Bratusa

The MOTION was PUT.

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

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

For	Against
Councillor Prue Car MP	Councillor Kevin Crameri OAM
Councillor Greg Davies	Councillor Marcus Cornish
Councillor John Thain	Councillor Maurice Girotto
Councillor Ross Fowler OAM	Councillor Jackie Greenow OAM
Councillor Ben Goldfinch	Councillor Jim Aitken OAM
Councillor Tricia Hitchen	Councillor Michelle Tormey
Councillor Bernard Bratusa

Councillor Michelle Tormey left the meeting, the time being 8:40pm.

Councillor Michelle Tormey returned to the meeting, the time being 8:41pm.

DELIVERY PROGRAM REPORTS

OUTCOME 2 – WE PLAN FOR OUT FUTURE GROWTH

7 Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting at Lot 122 DP709303 (No. 41-47) Jolly Street, Castlereagh Applicant: Ty Gosling; Owner: ~Ty and Deanne Gosling

284 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Car

That:

1. The information contained in the report on Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting at Lot 122 DP709303 (No. 41-47) Jolly Street, Castlereagh be received.

2. Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting at Lot 122 DP709303 (No. 41-47) Jolly Street, Castlereagh be refused for the following reasons:-

i) The application is not satisfactory for the purpose of Section 96(1A)(a) and (b) of the Environmental Planning and Assessment Act, 1979 as the proposed modification is not considered to be of minimal environmental impact given the likely impact upon drainage sheet flow resulting from the relocation of the shed and fill activities and insufficient information submitted to address how drainage design measures can be implemented to manage such flows.

ii) The application is not satisfactory for the purpose of Section 96(1A)(a)and (b) of the Environmental Planning and Assessment Act, 1979 as the proposed amendments result in an adverse impact to the amenity of adjoining properties resulting from increased hours for servicing of the trucks, persons other than the occupants of the dwelling parking and their vehicles on site.

iii) The application is not satisfactory for the purpose of Section 96(1A)(b) of the Environmental Planning and Assessment Act, 1979 as the removal of the trial period provides on-going consent for the use without the ability to address any environmental impacts which arise during the trial period.

iv) The application is not satisfactory for the purpose of Section 96(1A) (b) and (c) of the Environmental Planning and Assessment Act, 1979 as the modified development is not substantially the same development as the development for which the consent was originally granted as some proposed amendments change the nature and permissibility of the storage of trucks on the site ancillary to the dwelling and renders the use prohibited within the zone.

v) The application is not satisfactory for the purpose of Section 96(1A) (b) and (c) of the Environmental Planning and Assessment Act, 1979 as the proposed enlargement and relocation of the shed alters the suitability and compatibility of the shed with respect to the constraints of the site and amenity of adjoining dwellings.

vi) The application is not satisfactory for the purpose of Section 96(1A) (d) of the Environmental Planning and Assessment Act, 1979 as in view of the complaints received by Council in relation to the number of trucks parked on the premises, it is considered that strict compliance with the definition for garaging of plant and trucks under LEP 2014 and LEP 201 is essential in terms of permissibility and the property will not be used as a truck depot and consent for use of the shed for storage of two trucks be time limited to twelve (12) months to monitor compliance with this definition and review the impacts of the development on the surrounding area.

vii) The application is not satisfactory for the purpose of Section 96(1A)(a) of the Environmental Planning and Assessment Act, 1979 as the proposed modification is not considered to be of minimal environmental impact as it has not been demonstrated that there will be no adverse impacts upon residential amenity of adjoining properties with no details being provided on the location or intensity of lighting.

viii) The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 as the modification intensifies the use and alters the permissibility of the use of the premises to store trucks as ancillary to the dwelling and is not permissible in the zone and is contrary to the objectives of the zone.

ix) The application is not satisfactory for the purpose of Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act, 1979 as the approved shed is considered ample in size to accommodate the two trucks and other personal items. The visual and amenity impacts are considered to be compromised by the increase in size and location of the shed and are now unsuitable.

x) The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act, 1979 as the proposed modified development would undermine the rural residential context of the area and is not suitable for the site.

xi) The application is not satisfactory for the purpose of Section 79C(1)(c) and (d) of the Environmental Planning and Assessment Act, 1979 as the modified proposal would have an adverse impact upon the existing area, having regard to the submissions made, and will cause significant impact to the amenity of the residential area and is therefore not be in the public interest.

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

For	Against
Councillor Prue Car MP
Councillor Greg Davies
Councillor John Thain
Councillor Ross Fowler OAM
Councillor Michelle Tormey
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish

Her Worship the Mayor, Councillor Karen McKeown returned to the meeting and re-took the Chair, the time being 8:48pm.

Outcome 1 - We can work close to home

1 Tender Reference 14/15-26 Weekly Council News Page & Quarterly Community Newsletter

285 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ben Goldfinch

That:

1. The information contained in the report on Tender Reference 14/15-26 Weekly Council News Page & Quarterly Community Newsletter be received.

2. The Western Weekender be awarded the contract for both the weekly Corporate News Page and quarterly Community Newsletter a contract sum of $69,460 ex GST per year.

3. The Contract be for an initial period of two years with a one-year extension option by mutual agreement and subject to satisfactory performance.

Outcome 2 - We plan for our future growth

2 Proposed Suburb Name for the Central Precinct, St Marys ADI Site

286 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that consideration of this matter be deferred for further investigation and discussion, with a further report to be presented to a future Ordinary meeting of Council.

Councillor Jim Aitken OAM left the meeting, the time being 9:02pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 9:04pm.

3 Planning Proposal to amend the Penrith Local Environmental Plan 2010 - housekeeping amendment

287 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Planning Proposal to amend the Penrith Local Environmental Plan 2010 - housekeeping amendment be received.

2. Council submit the attached Planning Proposal to amend the Penrith LEP 2010 to the NSW Minister for Planning for consideration under the Gateway process.

3. Council request delegation for the General Manager to finalise the LEP amendment.

4. Council carry out the requirements of the Gateway Determination to process the Planning Proposal, including public exhibition.

5. The north western corner of French Street Werrington that has been identified to have inconsistency between the E2 zone boundary and approvals granted due to GIS mapping error be forwarded to the Department of Planning as a section 73A amendment to the LEP urgently.

6. Council officers meet with the landowners of French Street Werrington to finalise the Environmental zone boundaries in the north eastern part of the site before the Housekeeping Planning Proposal is submitted to the Gateway for consideration.

7. The General Manager be granted delegation to make any necessary minor changes that have no policy implications to the Planning Proposal before submitting it to the Minister for Planning.

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

For	Against
Councillor Prue Car MP
Councillor Greg Davies
Councillor John Thain
Councillor Ross Fowler OAM
Councillor Michelle Tormey
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Karen McKeown

4 Minor Amendment to Penrith Local Environmental Plan 2010 to correct the property description of land at Dunheved Circuit St Marys in Schedule 4

288 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Minor Amendment to Penrith Local Environmental Plan 2010 to correct the property description of land at Dunheved Circuit St Marys in Schedule 4 be received.

2. Council resolve to prepare a LEP amendment to amend Penrith LEP 2010 in accordance with section 73A of the Environmental Planning & Assessment Act 1979 to correct the error in property description in Schedule 4 Part 2 from ‘Lots 212 and 213, DP 31908’ to ‘Lots 212 and 213, DP 31909’.

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

For	Against
Councillor Prue Car MP	Councillor Michelle Tormey
Councillor Greg Davies
Councillor John Thain
Councillor Ross Fowler OAM
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Karen McKeown

5 Development Application DA15/0506 Construction of a detached brick garage and concrete in-ground swimming pool Lot 233 DP 270417 (No.) 15 Pennard Cres, Luddenham Applicant: Luke Kelly; Owner: ~Luke & Christine Kelly

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

That:

1. The information contained in the report on Development Application DA15/0506 Construction of a detached brick garage and concrete in-ground swimming pool Lot 233 DP 270417 (No.) 15 Pennard Cres, Luddenham be received.

2. DA15/0506 for a detached brick garage with a tiled roof and in-ground swimming pool at Lot 233 DP 270417 (No.) 15 Pennard Cres, Luddenham be approved subject to the following conditions:

A001 – Approved plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A020 – Use of building

A041 – Construction in Bushfire Areas (BAL 19)

A046 – Obtain Construction Certificate before commencement of works

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

D014 – Plant & equipment noise

E001 – BCA compliance

F006 – Water tank and nuisance

H001 – Stamped plans and erection of site notice

H030 – Roof finishes (rural property)

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

J002 – Fencing when water in pool

J004 – Pool fence (residential)

J007 – Boundary Fencing

J010 – Pool board/sign

J011 - NSW Swimming Pool Register

K016 – Stormwater

K026 – Stabilised access

K041 – Infrastructure Restoration Bond ($500.00)

K Special – All excavation/cut detailed on the approved plan, located within 2.0m of the allotment boundary, shall be retained with retaining walls wholly within the property boundary. Retaining walls shall preserve and protect adjoining buildings from damage and must not impact on any adjoining building, structure or property. Retaining walls shall be completed within 6 weeks of any Occupation Certificate being issued.

L008 – Tree Preservation Order

P002 – Fees associated with Council land

Q01F – Notice of Commencement and Appointment of PCA

Q05F – Occupation Certificate

3. The restrictive covenant on the use of land numbered 5 referred to in the Section 88B Instrument of the Conveyancing Act 1919 applying to Lot 233 in DP 270417 (known as No. 15) Pennard Crescent, Luddenham be varied to allow the in-ground swimming pool to be located partially outside the area labelled (BE) on the abovementioned plan in accordance with the approved site plan.

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

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

For	Against
Councillor Prue Car MP
Councillor Greg Davies
Councillor John Thain
Councillor Ross Fowler OAM
Councillor Michelle Tormey
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Karen McKeown

6 Development Application DA14/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 Ninth Avenue, Jordan Springs Applicant: Maryland Development Company Pty Ltd; Owner: ~St Marys Land Limited

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

That:

1. The information contained in the report on Development Application DA14/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 Ninth Avenue, Jordan Springs be received.

2. Council form the opinion that the subject modified application does not have a ‘significant effect’ on threatened species, population or an ecological community as outlined within the body of this report.

3. The information contained in the report on Development Application DA14/1550.01 Section 96 Application for Modifications to the Subdivision Layout (Village 6), Jordan Springs Lot 1125 DP1158660 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 amended conditions.

Standard Conditions

A001 – Amended to reflect the amended plans of subdivision and supporting documentation.

Special Conditions

Condition No. 4 be deleted and replaced as follows:-

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

a) A 10 metre wide inner protection area (IPA) shall be provided within Lot 6011 along its eastern boundary. In accordance with section 88B of the 'Conveyancing Act 1919' a restriction to the land use shall be placed on this lot requiring the provision of this IPA which shall be maintained 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) A 15 metre wide inner protection area (IPA) shall be provided in Lot 6013 along its western boundary. In accordance with section 88B of the ‘Conveyancing Act 1919' a restriction to the land use shall be placed on these lots requiring the provision of this IPA which shall be maintained 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'.

Condition No. 9 be deleted and replaced as follows:-

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

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

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

d) A 2.1 metre high non-combustible radiant heat shield shall be provided along the northern boundary of proposed lots 6011 to 6019.

e) General Advice - This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EP & A Act and address the requirements of 'Planning for Bush Fire Protection 2006'.

The development proposal is to comply with the subdivision layout identified on the drawing prepared by RPS Australia numbered D646-S6-002Pr.dwg Issue R, dated 9 September 2015.

Condition No. 11 be deleted.

Condition No. 12 be deleted.

Additional condition to be added.

Prior to the issue of a Subdivision Certificate, a detailed Vegetation Management Plan for the short and long term management of the Biodiversity Corridor 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 Vegetation Management Plan is to be provided to the Principal Certifying Authority. The plan is to include the following:

a) Is consistent with relevant environmental legislation and policies, including, but not limited to, the NSW Threatened Species Conservation Act 1995, the Noxious Weeds Act 1993 the Water Management Act 2002, the Rural Fires Act 1997 as well as the federal Environment Protection and Biodiversity Conservation Act 1999, and guidelines such as the Rural Fire Services Planning for Bushfire Protection 2006 and Recovering Bushland on the Cumberland Plain: Best practice guidelines for the management and restoration of bushland (DEC, 2005).

b) A detailed plan that clearly outlines how vegetation should be protected and managed during construction of proposed future development and the ongoing future management of the vegetation and any identified threatened species over the next 3 years, as well as in the longer term. The focus is to be on best practice bush regeneration methods and habitat improvement.

c) The VMP is to identify potential future impacts on the vegetation from the development and road, including access, weed encroachment, pest animals, stormwater etc, and is to outline how these impacts will be managed in the long term.

d) The VMP is to include specifications for the management and maintenance of the APZ areas on each side of the Biodiversity Corridor.

e) Project tasks should be defined and described, including a schedule detailing the sequence and duration of works necessary for the implementation of the VMP.

f) Costings for the implementation of all components and stages of the work including materials, labour, watering, maintenance, monitoring and reporting should be included.

g) Processes for monitoring and review, including a method of performance evaluation should be identified. This should include replacing plant losses, addressing deficiencies, problems, climatic conditions and successful completion of works.

The Vegetation Management Plan is to be prepared by an Ecological Consultant or Bush Regenerator with theoretical and practical experience in bushland restoration and management on the Cumberland Plain. A Certificate IV in Conservation and Land Management is required as a minimum.

All activities on site 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 site conditions. Council must be satisfied with any changes prior to the amendment of the plan.

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

5. Lots 6011 and 6013-6019 be deferred from this report for further investigation.

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

For	Against
Councillor Prue Car MP	Councillor Marcus Cornish
Councillor Greg Davies	Councillor Bernard Bratusa
Councillor John Thain	Councillor Michelle Tormey
Councillor Ross Fowler OAM	Councillor Kevin Crameri OAM
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Karen McKeown

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

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

Councillor Maurice Girotto left the meeting, the time being 9:27pm.

Councillor Maurice Girotto returned to the meeting, the time being 9:29pm.

8 Development Application DA15/0800 for a Torrens Title Subdivision of 3 lots into 2 lots at Lots 75 and 76 Section G DP 1613 and Lot 6 DP 739547, No. 3 Horace Street Cranebrook Applicant: Penrith City Council; Owner: ~Penrith City Council

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

That:

1. The information contained in the report on Development Application DA15/0800 for a Torrens Title Subdivision of 3 lots into 2 lots at Lots 75 and 76 Section G DP 1613 and Lot 6 DP 739547, No. 3 Horace Street Cranebrook be received.

2. The proposed variation to minimum allotment width, pursued under the provisions of Clause 4.6 of Penrith Local Environmental Plan 2010 be supported.

3. Development Application DA15/0800 for a Torrens Title Subdivision of 3 lots into 2 lots at Lots 75 and 76 Section G DP 1613 and Lot 6 DP 739547, No. 3 Horace Street Cranebrook be approved subject to the following conditions:

A001 – Approved Plans

The development must be implemented substantially in accordance with the following stamped approved plans, the application form and any supporting information issued by Penrith City Council, except as may be amended in red on the attached plans and by the following conditions.

Drawing Title	Plan Number	Issue	Prepared by	Date
Plan of Proposed Subdivision	19739P	-	Vince Morgan	1 July 2015
Levels and Contours Plan	19739T	-	Vince Morgan	1 July 2015
Interallotment Drainage Engineering Plan	110182/CC001	A	J. Wyndham Prince	7 July 2015

D002 – Spraygrass

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

D005 – No filling without prior approval

No fill material is to be imported to the site without the prior approval of Penrith City Council in accordance with Sydney Regional Environmental Plan No.20 (Hawkesbury- Nepean River) (No.2-1997). No recycling of material for use as fill material shall be carried out on the site without the prior approval of Council.

D009 – Covering of waste storage area

All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

D026 – Liquid waste

Only clean and unpolluted water is to be discharged into Penrith City Council's stormwater drainage system. Liquid wastes suitable for discharge to the mains sewer are to be discharged in accordance with Sydney Water requirements.

If mains sewer is not available or if Sydney Water will not allow disposal to the sewer then a licensed waste contractor is to remove the liquid waste from the premises to an appropriate waste facility.

The waste contractor and waste facility are to hold the relevant licenses issued by the NSW Environment Protection Authority.

D Special - Mud

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

D Special - Dust Suppression

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

G001 – Installation of services and service clearances (subdivision)

All services (water, sewer, electricity, telephone and gas) are to be installed within the proposed public roads before final inspection of the engineering works.

Prior to the release of the linen plan, the following service authority clearances shall be obtained:

· a Section 73 Compliance Certificate under the Sydney Water Act 1994 shall be obtained from Sydney Water. This is required prior to the issue of the Subdivision Certificate and

· a letter from Integral Energy stating that satisfactory arrangements have been made for electricity supply to all proposed allotments in the subdivision, including any necessary easements; and

· a letter from an approved telecommunications service provider that satisfactory arrangements have been made for underground telephone services to all proposed allotments in the subdivision, including any necessary easements.

These clearances are to be submitted to the Principal Certifying Authority.

H001 – Stamped Plans and erection of site notice

Stamped plans, specifications, a copy of the development consent, the Construction Certificate and any other Certificates to be relied upon shall be available on site at all times during construction.

The following details are to be displayed in a maximum of 2 signs to be erected on the site:

· the name of the Principal Certifying Authority, their address and telephone number,

· the name of the person in charge of the work site and telephone number at which that person may be contacted during work hours,

· that unauthorised entry to the work site is prohibited,

· the designated waste storage area must be covered when the site is unattended, and

· all sediment and erosion control measures shall be fully maintained until completion of the construction phase.

Signage but no more than 2 signs stating the above details is to be erected:

· at the commencement of, and for the full length of the, construction works onsite, and

· in a prominent position on the work site and in a manner that can be easily read by pedestrian traffic.

All construction signage is to be removed when the Occupation Certificate has been issued for the development.

H006 – Submission of and implement waste management plan

A completed waste management plan shall be submitted to Penrith City Council for consideration and approval. Council must approve the plan before a Construction Certificate can be issued for the approved development.

The waste management plan shall be prepared in accordance with the Waste Planning Development Control Plan (2004), and shall address all waste materials likely to result from the proposed development, with details of the estimated waste volumes, onsite storage and management, proposed re-use of materials, designated waste contractors, recycling outlet and / or landfill site.

The approved waste management plan must be implemented on-site and adhered to throughout all stages of the development including demolition, with supporting documentation / receipts retained in order to verify the recycling and disposal of materials in accordance with the approved plan.

H041 – Hours of work

Construction works or subdivision works that are carried out in accordance with an approved consent that involve the use of heavy vehicles, heavy machinery and other equipment likely to cause offence to adjoining properties shall be restricted to the following hours in accordance with the NSW Environment Protection Authority Noise Control Guidelines:

· Mondays to Fridays, 7am to 6pm

· Saturdays, 7am to 1pm if inaudible on neighbouring residential premises, otherwise 8am to 1pm

· No work is permitted on Sundays and Public Holidays.

Other construction works carried out inside a building/tenancy and do not involve the use of equipment that emits noise are not restricted to the construction hours stated above.

The provisions of the Protection of the Environment Operations Act, 1997 in regulating offensive noise also apply to all construction works.

K101 – Works at no cost to Council

All roadworks, drainage works and dedications, required to effect the consented development shall be undertaken at no cost to Penrith City Council.

K 201 - Sediment & Erosion Control CC approval

Any Construction Certificate issued by the Principal Certifying Authority or certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

K202 – Roads Act Minor roadworks

Prior to the issue of a Construction Certificate a Roads Act application, including payment of application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works:

a) Provision of a vehicular crossing/s.

b) Provision of private drainage connections to Council’s road drainage system.

c) Opening the road reserve for the provision of services including stormwater.

d) Placing of hoardings, containers, waste skips, etc. in the road reserve.

K205 - Construction Certificate for Subdivision Works

Subdivision works shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by J. Wyndham Prince, reference number 110182/CC001, revision A, dated 7 July 2015.

Any Construction Certificate/s issued by the Certifying Authority shall include but not be limited to the following subdivision works.

a) Roads and drainage

b) Stormwater drainage

c) Interallotment drainage.

Engineering plans, supporting calculations and relevant certification for the subdivision works shall be prepared by suitably qualified people and must accompany the application for a Construction Certificate.

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the subdivision works have been designed in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

K501A – Completion of subdivision works

Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all subdivision works required by this consent have been satisfactorily completed or that suitable arrangements have been made with Penrith City Council for any outstanding works.

K514 – Subdivision compliance documentation

Prior to the issue of a Subdivision Certificate, the following compliance documentation shall be submitted to the Principal Certifying Authority. A copy of the following documentation shall be provided to Council where Council is not the Principal Certifying Authority:

a) Work as Executed (WAE) drawings of all civil works. The WAE drawings shall be marked in red on copies of the stamped Construction Certificate drawings signed, certified and dated by a registered surveyor or the design engineer. The Work as Executed drawings shall be prepared in accordance with Council’s Engineering Construction Specification for Civil Works.

b) CCTV footage in DVD format to Council’s requirements and a report in “SEWRAT” format for all drainage within future public roads and public land. Any damage that is identified is to be rectified in consultation with Penrith City Council.

c) Surveyor’s Certificate certifying that all pipes and services are located wholly within the property or within appropriate easements and that no services encroach boundaries.

· Compaction reports for road pavement construction

· Compaction reports for bulk earthworks and lot regrading.

· Soil classification for all residential lots

· Statement of Compliance

M001 – Prior to subdivision work

Work on the subdivision is not to commence until:

· a Construction Certificate has been issued,

· a Principal Certifying Authority has been appointed for the project, and

· any other matters prescribed in the development consent for the subdivision and the Environmental Planning and Assessment Act and Regulation have been complied with.

Penrith City Council is to be notified 48 hours prior to commencement of engineering works or clearing associated with the subdivision.

M008 – Linen Plan

Submission of the original Linen Plan and ten (10) copies.

All drainage easements, rights of way, restrictions and covenants are to be included on the linen plan.

All dedications of roads/drainage are to be undertaken at no cost to Penrith City Council.

The following information is to be shown on one (1) copy of the plan.

· The location of all buildings and/or other permanent improvements shall comply with any statutory boundary clearances or setbacks as defined by the Building Code of Australia and Council’s resolutions.

· All existing services are wholly contained within the lot served and/or covered by an appropriate easement.

Q01F – Notice of Commencement & Appointment of PCA

Prior to the commencement of any earthworks or construction works on site, the proponent is to:

(a) employ a Principal Certifying Authority to oversee that the said works carried out on the site are in accordance with the development consent and related Construction Certificate issued for the approved development, and with the relevant provisions of the Environmental Planning and Assessment Act and accompanying Regulation, and

(b) submit a Notice of Commencement to Penrith City Council.

The Principal Certifying Authority shall submit to Council an “Appointment of Principal Certifying Authority” in accordance with Section 81A of the Environmental Planning and Assessment Act 1979.

Information to accompany the Notice of Commencement

Two (2) days before any earthworks or construction/demolition works are to commence on site (including the clearing site vegetation), the proponent shall submit a “Notice of Commencement” to Council in accordance with Section 81A of the Environmental Planning and Assessment Act 1979.

Q008 – Subdivision Certificate

A Subdivision Certificate is to be obtained prior to the release of the linen plan of subdivision. The Subdivision Certificate will not be issued if any of the conditions in this consent are outstanding.

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

For	Against
Councillor Prue Car MP
Councillor Greg Davies
Councillor John Thain
Councillor Ross Fowler OAM
Councillor Michelle Tormey
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Karen McKeown

9 Greater Sydney Commission

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

That:

1. The information contained in the report on Greater Sydney Commission be received.

2. Council nominate Councillor Ross Fowler OAM to participate on the selection panel for the West District Commissioner.

Outcome 3 - We can get around the City

10 Roads and Maritime Services (RMS) 2015/16 Road Funding Grants

293 RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Greg Davies

That:

1. The information contained in the report on Roads and Maritime Services (RMS) 2015/16 Road Funding Grants be received.

2. The RMS 2015/16 Program Funding Block Grant of $1,108,000 be accepted.

3. The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2015/16”.

Having previously declared a Non Pecuniary Conflict of Interest – Less than Significant in Item 11, Councillor Tricia Hitchen left the meeting, the time being 9:39pm.

11 Tender Reference RFT 15/16-03 Concrete Maintenance Works: Footpath and Kerb and Gutter

294 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Tender Reference RFT 15/16-03 Concrete Maintenance Works: Footpath and Kerb and Gutter be received.

2. Del Rocchio Concreting Pty Ltd be appointed as the preferred contractor for the Concrete Maintenance Works: Footpath and Kerb and Gutter for a period of three (3) years with an option to extend for a further two (2) by one (1) year periods, by mutual agreement and subject to satisfactory performance, allowing for rise and fall provisions.

3. Mack Civil Pty Ltd be appointed as the secondary contractor, to be engaged when the preferred contractor is unavailable to provide the service.

4. Kelbon Project Services Pty Ltd be appointed as the third ranked contractor, to be engaged when the secondary contractor is unavailable to provide the service.

5. Devcon Civil Pty Ltd be appointed as the fourth ranked contractor, to be engaged when the third ranked contractor is unavailable to provide the service.

6. Enwon (Australia) Pty Ltd be appointed as the preferred contractor for machine moulded kerb only.

Councillor Tricia Hitchen returned to the meeting, the time being 9:40pm.

Outcome 4 - We have safe, vibrant places

12 Charity Clothing Bins

Councillor Marcus Cornish left the meeting, the time being 9:41pm.

Councillor Marcus Cornish returned to the meeting, the time being 9:42pm.

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

That:

1. The information contained in the report on Charity Clothing Bins be received.

2. Council adopts the Charity Clothing Bins policy provided as Appendix 1 to this report

3. Council write to the organisations mentioned in the report, thanking them for their submissions and advising them of the adoption of the Charity Clothing Bin policy.

4. The policy incorporate a clause which stipulates a minimum size for notices that are required by the policy to be placed on Charity Bins.

5. The policy incorporate a requirement for bins to be of an appropriate height and condition to allow proper use and that details of Council’s existing waste collection options be provided.

13 Tender Reference 15/16-05 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park

296 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that consideration of this matter be deferred to a Councillor Briefing.

14 Maintenance of Playgrounds and Parks

297 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Maintenance of Playgrounds and Parks be received.

Outcome 5 - We care about our environment

16 56th Annual Floodplain Management Australia Conference - Tuesday 17 to Friday 20 May 2016

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

That:

1. The information contained in the report on 56th Annual Floodplain Management Australia Conference - Tuesday 17 to Friday 20 May 2016 be received.

2. Council nominate Councillors Kevin Crameri OAM, Jackie Greenow OAM, Jim Aitken OAM and any other interested Councillors as its delegates to the 2016 Floodplain Management Australia Conference and Workshops to be held in Nowra from Tuesday 17 May to Friday 20 May 2016 and grant of leave absence as appropriate.

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

17 NSW Family and Community Services Targeted Earlier Intervention Programs - Sector Consultation Paper

299 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies

That:

1. The information contained in the report on NSW Family and Community Services Targeted Earlier Intervention Programs - Sector Consultation Paper be received.

2. Council endorse the submission to the NSW Department of Family and Community Services on the Sector Consultation Paper as outlined in this report.

Outcome 7 - We have confidence in our Council

18 Licence Agreement over Part 384-386 Mulgoa Road, Glenmore Park to Penrith City Council

300 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Licence Agreement over Part 384-386 Mulgoa Road, Glenmore Park to Penrith City Council be received.

2. Council enter into a 2 year licence agreement with Mark E Jardine and Lisa M Smith in accordance with the terms and conditions set out in this report.

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

19 Audit Committee

301 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

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

2. Frank Gelonesi, Darren Greentree and Jayant Gulwadi be reappointed to the Audit Committee for a term of 2 years.

20 2015-16 Financial Assistance Grant

302 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on 2015-16 Financial Assistance Grant be received.

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

23 Summary of Investments & Banking for the period 1 August 2015 to 31 August 2015

303 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 August 2015 to 31 August 2015 be received.

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

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

21 Penrith Business Alliance

Councillor Kevin Crameri OAM left the meeting, the time being 9:56pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:58pm.

Councillor Ben Goldfinch left the meeting at 9:58pm and did not return.

Councillor Prue Car MP left the meeting, the time being 9:58pm.

Councillor Prue Car MP returned to the meeting, the time being 9:59pm.

304 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the information contained in the report on Penrith Business Alliance be received.

22 Outcome of Land and Environment Court Appeal - Penrith Lakes Development Corporation v Penrith City Council

305 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen that the information contained in the report on Outcome of Land and Environment Court Appeal - Penrith Lakes Development Corporation v Penrith City Council be received.

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

UB 1 Personal Matter - Compliance Matters, Castlereagh

Councillor Prue Car MP requested that a matter concerning compliance for a local resident be referred to Committee of the Whole for discussion as it refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

UB 2 Sydney Thunder Men's and Women's Big Bash League

Councillor Greg Davies requested that an amount of $10,000 be allocated equally from each Ward’s voted works to sponsor the first year of the Sydney Thunder Men’s and Women’s Big Bash League subject to a letter advising of the success in stipulating that the words ‘New West’ be included on all promotional material for the local games, with a report to be presented to Council on the further sponsorship for the next 2 years of the 3 year sponsorship.

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

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

307 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that an amount of $10,000 be allocated equally from each Ward’s voted works to sponsor the first year of the Sydney Thunder Men’s and Women’s Big Bash League subject to a letter advising of the success in stipulating that the words ‘New West’ be included on all promotional material for the local games, with a report to be presented to Council on the further sponsorship for the next 2 years of the 3 year sponsorship.

Councillor Greg Davies left the meeting, the time being 10:20pm.

Councillor Greg Davies returned to the meeting, the time being 10:24pm

UB 3 Commercial Matter - French Street, Werrington

Councillor John Thain requested that a matter regarding a development at French Street, Werrington be referred to Committee of the Whole for discussion as it 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.

RR 1 Mr Alan Travers - Sponsorship of Honoured Citizen

Councillor John Thain requested a report to Council on the sponsorship of Mr Alan Travers, former General Manager of Penrith City Council, as an Honoured Citizen.

Councillors John Thain and Jackie Greenow OAM left the meeting, the time being 10:23pm.
Councillor Jackie Greenow OAM returned to the meeting, the time being 10:24pm.

Councillor John Thain returned to the meeting, the time being 10:25pm.

UB 4 Solar Car Race

Councillor Ross Fowler OAM requested that an amount of $5,000 be allocated equally from each Ward’s voted works to sponsor the Solar Car Race.

308 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the matter be brought forward as a matter of urgency.

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

309 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an amount of $5,000 be allocated equally from each Ward’s voted works to sponsor the Solar Car Race.

UB 5 Request for Leave of Absence

Councillor Michelle Tormey requested Leave of Absence from 6October 2015 to 9 October 2015 inclusive.

310 RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Jackie Greenow OAM that the matter be brought forward as a matter of urgency.

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

311 RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Jackie Greenow OAM that Leave of Absence be granted to Councillor Michelle Tormey from 6 October 2015 to 9 October 2015 inclusive.

RR 2 Performance of La Boheme at Joan Sutherland Performing Arts Centre

Councillor Jackie Greenow OAM requested that congratulations be conveyed to principal signer Lorenzo Rositano on the success of the opera La Boheme which was performed at the Joan Sutherland Performing Arts Centre on Friday 25 September 2015, and expressed the hope that these events continue to be held at the Joan.

UB 6 Legal Matter - Trading of a Local Proprietor

Councillor Maurice Girotto requested that a matter concerning the operations of a local proprietor be referred to Committee of the Whole for discussion as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter would be, on balance, contrary to the public interest.

RR 3 Sale of Poles and Wires

Councillor Kevin Crameri OAM requested that Council write to the State Government requesting information as to what will happen to the $2.7B that will be derived from the sale of poles and wires.

RR 4 Emu Plains Cemetery

Councillor Jim Aitken OAM requested a report to Council concerning the possibility of building a columbarium at Emu Plains Cemetery as a matter of urgency.

RR 5 Travelling Times on Local Roads

Councillor Jim Aitken OAM requested that the Local Traffic Committee provide information on the travelling times on the following roads into Penrith on week days at 8:00am and 9:00am, and on Saturdays at 9:00am:

Glenmore Park from the lake to the M4 and Penrith Railway Station
Emu Heights to Penrith CBD
Orchard Hills to Penrith CBD
Jordan Springs to Penrith CBD on the south side of the Railway (Northern Road)
Glenmore Park – Northern Road to Penrith Railway Station.

RR 6 Roadworks - Carolyn Chase, Orchard Hills

Councillor Jim Aitken OAM requested that the provision of roadworks in front of 70 Carolyn Chase, Orchard Hills be investigated as a result of removal of a tree which has damaged the road surface.

UB 7 Penrith Netball Premier League Team

Councillor Bernard Bratusa requested that an amount of $15,000 be equally allocated from each Ward’s voted works to sponsor the Penrith Netball Premier League Team for 2016.

312 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that the matter be brought forward as a matter of urgency.

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

313 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that an amount of $15,000 be equally allocated from each Ward’s voted works to sponsor the Penrith Netball Premier League Team for 2016.

Committee of the Whole

314 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:30pm.

1 Presence of the Public

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

Outcome 1

2 Property Matter - 21 - 25 Woodriff Street, Penrith

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

Outcome 7

3 Property Matter - 154 Henry Street (Welsh Place carpark)

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals; AND information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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 advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

4 Approval to commence EOI process for the sale or development of Council owned property, 229 Victoria Street, Werrington

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.

Outcome 1

5 Proposed Expressions of Interest over Council-owned land in Penrith CBD

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

Outcome 2

6 Compliance Matters at 36 Fourth Road, Berkshire Park

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

Outcome 4

7 Cemeteries - Grave Digging Tender RFT 14/15 - 31

Additional Matters

8 Personal Matter – Compliance Matters, Castlereagh

This matter has been referred to Committee of the Whole as it refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

9 Commercial Matter – French Street, Werrington

This item has been referred to Committee of the Whole as it 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.

10 Legal Matter – Trading of a Local Proprietor

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

The meeting resumed at 10:57pm and the General Manager reported that the Committee of the Whole met at 10:30pm on 28 September 2015, the following being present

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

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

CONFIDENTIAL BUSINESS

2 Property Matter - 21 - 25 Woodriff Street, Penrith

Councillors Marcus Cornish and Michelle Tormey left the meeting, the time being 10:30 pm.

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

CW2 That:

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

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

3. The General Manager be authorised to enter into the Put and Call Option Agreement, Buy Back Deed and Deed as to Use as detailed within the report.

3 Property Matter - 154 Henry Street (Welsh Place carpark)

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

CW3 That:

1. The information contained in the report on Property Matter - 154 Henry Street (Welsh Place carpark) be received.

2. Council agree to commercial terms as outlined within this report.

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

4 Approval to commence EOI process for the sale or development of Council owned property, 229 Victoria Street, Werrington

Councillor Michelle Tormey returned to the meeting, the time being 10:36pm.

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Car MP

CW4 That:

1. The information contained in the report on Approval to commence EOI process for the sale or development of Council owned property, 229 Victoria Street, Werrington be received

2. Council commences an EOI process consistent with this report.

5 Proposed Expressions of Interest over Council-owned land in Penrith CBD

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto

CW5 That:

1. The information contained in the report on Proposed Expressions of Interest over Council-owned land in Penrith CBD be received.

2. EOI documents be prepared based on the objectives and principles contained in this report.

3. Council allocate $180,000 from the Property Development Reserve for the EOI process.

4. A further report be provided to Council at the conclusion of the EOI process.

6 Compliance Matters at 36 Fourth Road, Berkshire Park

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

CW6 That:

1. The information contained in the report on Compliance Matters at 36 Fourth Road, Berkshire Park be received.

2. Council endorse the resolution of the matter on the terms contained in the body of the report.

7 Cemeteries - Grave Digging Tender RFT 14/15 - 31

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

CW7 That the information contained in the report on Cemeteries - Grave Digging Tender RFT 14/15 - 31 be received.

8 Personal Matter - Compliance Matter, Castlereagh

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

CW8 That the information on Personal Matter – Compliance Matter, Castlereagh be received.

9 Commercial Matter - French Street, Werrington

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

CW9 That the information on Commercial Matter – French Street, Castlereagh be received.

10 Legal Matter - Trading of a Local Proprietor

RECOMMENDED on the MOTON of Councillor Maurice Girotto seconded Councillor Kevin Crameri OAM

CW10 That the information on Legal Matter – Trading of a Local Proprietor be received.

ADOPTION OF Committee of the Whole

315 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7, CW8, CW9 and CW10 be adopted.

Outcome 4 - We have safe, vibrant places

15 Tender Reference RFT 14/15-31 Provision of Gravedigging Services

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

That:

1. The information contained in the report on Tender Reference RFT 14/15-31 Provision of Gravedigging Services be received.

2. The tender from L J Follington Pty Ltd be accepted for the provision of Grave Digging Services for a three (3) year period, with an option to extend for a further two (2) one (1) year periods subject to satisfactory performance and mutual agreement and allowing for rise and fall.

3. The common seal of the Council of the City of Penrith be placed on all documentation if required.

Councillor Kevin Crameri OAM requested that his name be recorded as having voted against the MOTION.

There being no further business the Chairperson declared the meeting closed the time being 11:00pm.

Ordinary Meeting 26 October 2015

Development Application DA15/0386 - Consolidation of two (2) Existing Lots and Torrens Title Subdivision Creating Four (4) Lots and Associated Stormwater Drainage Works Lot 561 DP 834943 and Lot 1 DP 849973 at (Nos.207 and 209) Bennett Road, St Clair Applicant: Penrith City Council; Owner: Penrith City Council

Compiled by: Aimee Lee, Senior Environmental Planner

Authorised by: Paul Lemm, Development and Environmental Health Manager

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
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 land owned by Penrith City Council. In accordance with Councils procedures the matter is reported to Council for determination. The proposal is for consent to subdivide existing lots into four (4) Torrens Title lots and provision of associated stormwater drainage works at Nos. 207 and 209 Bennett Road, St Clair. Three (3) of the newly created lots will be disposed of for future residential development. The remaining lot will accommodate an existing child care centre.

No. 207 Bennett Road is zoned RE1 Public Recreation and No. 209 Bennett Road is zoned R2 Low Density Residential under the provisions of Penrith Local Environmental Plan 2010 (LEP 2010). The proposed subdivision is permitted with consent under Clause 2.6 of LEP 2010. The development site is not subject to the Lot Size Map of LEP 2010 and therefore there is no minimum lot size applicable to the proposed subdivision.

The application was exhibited and notified between 29 April 2015 and 13 May 2015 to twenty-two (22) owners and occupiers of adjoining properties. Council has not received any submissions objecting to the proposal.

An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application has demonstrated that the objectives of LEP 2010 and Penrith Development Control Plan 2014 are met. The Development Application is therefore recommended for approval subject to conditions.

Given Council is the owner of the property, an independent review of the assessment of the proposed subdivision has been undertaken (refer Attachment 1). The independent review has found all relevant statutory requirements have been considered and due process followed. The independent reviewer concurs with the findings of the assessment report and the recommendation for approval.

Background

No. 207 Bennett Road has been used as a child care centre since 1985 following an unconditional development consent granted on the property.

A temporary Police Station was operating from No. 209 Bennett Road from 1995 following a development consent granted for the installation of a demountable building and operation as a temporary Police Station. The NSW Police ceased to operate from the site in June 2005.

Council’s Property Development Section presented a report to Council on 8 September 2008 recommending purchase of No. 209 Bennett Road. It was stated in the report that the site will be subdivided creating three (3) residential lots for future sale purposes. At the meeting, Council resolved to purchase No. 209 Bennett Road from NSW Police.

Site & Surrounds

The development site is situated on the western side of Bennett Road, bounded by Coonawarra Drive to the northeast. Erskine Park Road is situated approximately 500m to the southeast of the site. Development in the area is predominantly low density residential developments consisting single dwellings of different designs and external finishes.

The site consists of two (2) lots, Lot 561 DP 834943 (No. 207 Bennett Road) and Lot 1 DP 849973 (No. 209 Bennett Road). The development site has a combined area of 4556m² and it falls approximately 1.25m from south to north.

Existing improvements on the site include the Stepping Stones Early Learning Centre, owned and operated by Penrith City Council, at No. 207 Bennett Road. No. 209 Bennett Road is vacant. There are existing trees on the development site and a majority of the trees are situated along the eastern boundary of No. 207 Bennett Road.

Refer to Attachment 2 - Locality Map for further details.

Proposed Development

The proposed development involves:

· Subdivision, by Torrens Title, of the two existing consolidated lots creating four (4) new lots.

· Provision of a drainage easement along the western boundary of proposed Lots 62, 63 and 64 connecting to an existing easement to properties south of the development site.

· Dedication of 125.3m² of land in front of proposed Lots 63 and 64 for road widening to reflect an existing indented bay on Bennett Road.

The drainage easement and location of driveways for each of the lots are to be included in an 88b instrument.

Details of the Torrens Title lots resulting from the subdivision are outlined below:

Proposed Lot No.	Proposed Lot Size	Future Use
Lot 61	2792m²	Stepping Stones Early Learning Centre
Lot 62	548m²	Future Dwelling
Lot 63	547.1m²	Future Dwelling
Lot 64	546.2m²	Future Dwelling

Refer to Attachment 3 for Plan of Subdivision and Attachment 4 for engineering plans.

Planning Assessment

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

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

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

Council's records show that the development site was vacant until development consent was granted in 1985 for the construction of a child care centre at No. 207 Bennett Road. Further approval was granted for the installation of a demountable building on the site for the purposes of a temporary police station at No. 209 Bennett Road in 1995. The NSW Police vacated No. 209 Bennett Road in June 2005 and the site has been vacant since.

A review of Council's records and historic aerial photographs cannot identify any contaminating activities on the development site and the use of the site has been generally consistent with the surrounding residential use. Furthermore, child care centres and police stations are not contaminating activities and there is no known contamination on the site. In view of the above. Council can be satisfied that the site is suitable for the proposed subdivision future residential use and the proposal is in accordance with Clause 7 of SEPP 55.

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

The aim of this plan is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. The stormwater drainage works associated with the proposed subdivision is considered minor and is unlikely to have adverse environmental impact subject to appropriate controls during drainage construction works (see recommended Standard Conditions B005, D001 and D009). The Development Application is therefore considered satisfactory and can be supported subject to appropriate conditions.

Penrith Local Environmental Plan 2010 (LEP 2010)

No 207 Bennett Road is zoned RE1 Public Recreation and No. 209 Bennett Road is zoned R2 Low Density Residential under the provisions of LEP 2010. The proposed subdivision is permitted under Clause 2.6 of the LEP for both RE1 Public Recreation zone and R2 Low Density Residential zone.

According to the Lot Size Map, there is no minimum lot size requirement applicable to RE1 Public Recreation zone (No. 207 Bennett Road). The R2 Low Density Residential zone, immediately adjacent to the development site, is subject to a minimum lot size of 550m². Notwithstanding No. 209 Bennett Road is zoned R2 Low Density Residential, it is not identified on the Lot Size Map and the minimum lot size of 550m² is not applicable. In turn, a requirement for justification for contravention under Clause 4.6 Exceptions to Development Standard for Lots 62 to 64, with allotment size below 550m², is not applicable.

The proposed subdivision will facilitate future low density residential development and therefore is consistent with the LEP objective and R2 Low Density Residential zone objective with respect to:-

· Accommodate future population growth by providing a diversity of housing types.

· Satisfy the housing needs of the community within a low density residential environment.

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

Penrith Development Control Plan 2014

Penrith Development Control Plan (DCP) 2014 applies and Chapter C11 Subdivision in particular, is relevant. Assessment of the proposal against the relevant provisions of the DCP is outlined below.

The proposed subdivision will create a total of four (4) lots of which three (3) will be disposed of for future residential development. The proposal is consistent with the objectives and controls of the DCP with respect to the following:-

· The allotment size, shape and orientation of the lots have taken into consideration the subdivision character of the locality and integrates satisfactorily with the subdivision layout of the adjacent land.

· The proposed subdivision has considered the topography of the site and will not impact on any existing trees on the site.

· To enhance the streetscape, a condition is recommended for the provision of street trees at a rate of one (1) tree per lot.

· The applicant has made satisfactory arrangement for inter-allotment drainage in accordance with Council’s engineering advice.

· The proposed lot size, varying from 546m² to 548m², is capable of supporting the siting and construction of a dwelling and ancillary outbuildings while maintaining the amenity through adequate provision of setbacks, solar access, landscaping, carparking, servicing and drainage.

· The depth-to-frontage ratio of the proposed lots (measuring approximately 19m wide x 30m deep), are capable of containing a rectangle measuring 10m x 12m or 8m x 15m, behind the building line.

· The proposed lots will allow for sufficient area and dimensions for the provision of private outdoor space, solar access and daylight access and minimise possible overshadowing impact on adjoining properties.

· The frontage width will permit vehicular and pedestrian access.

· The land has demonstrated, under SEPP 55, that it is suitable for its intended residential use.

· The site is adequately serviced by water, electricity and telephone. A Standard Condition (Q001) is recommended for obtaining clearance from service providers to ensure satisfactory arrangements for connection of services to support future developments.

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

Context and Setting

The site is part zoned RE1 Public Recreation and part zoned R2 Low Density Residential under LEP 2010. The proposed subdivision is permitted under Clause 2.6 of the LEP for both RE1 Public Recreation zone and R2 Low Density Residential zone. Notwithstanding the site is not subject to the Lot Size Map of the LEP, the proposed lots varying from 546m² to 548m², and an average frontage width of 19m, are sympathetic to existing lot sizes in the locality and are capable of supporting the construction of a single dwelling with sufficient separation from the boundaries and provision of a functional outdoor recreation area.

Notwithstanding the proposed lot size is below the 550m² requirement generally applicable to R2 zone, the variation is negligible and assessment of the proposal against DCP 2014 has demonstrated that the proposed subdivision, specifically with respect to its allotment dimensions, configuration and orientation, integrates well with the established subdivision pattern in the locality and will not have any adverse impact on the streetscape. Furthermore, the proposed residential lots are sympathetic to the established residential character of the locality.

Water, Soil, Air and Microclimate

The applicant has submitted an amended inter-allotment drainage plan. The amended plan is generally satisfactory and no engineering objection is raised. A special condition is recommended for the relocation of the pits and pipe on proposed Lot 64 clear of the existing tree on the lot.

Site Design

The proposed subdivision, with respect to its allotment size, shape and orientation, is sympathetic to established subdivision pattern in the locality. The proposed site area is capable to accommodate the construction of a single dwelling with sufficient area for landscaping/private open space.

Social and Economic Impacts

Proposed Lots 62 to 64 will provide additional residential lots for future residential development as envisaged in the 2008 Council report. The residential lots will facilitate residential development and meet the housing needs of the community within a low density residential environment.

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

The site is suitable for the proposed development for the following reasons:

· The site is part zoned RE1 Public Recreation and part zoned R2 Low Density Residential under LEP 2010 to accommodate the proposed subdivision and associated future residential developments.

· The proposed subdivision is permitted under Clause 2.6 of LEP 2010.

· The site is adequately serviced by roads, utility services and stormwater infrastructure.

· The site is suitable for the proposed subdivision in accordance with Clause 7 of SEPP 55 given its history did not involve contaminating land uses.

· The site is suitable having regard to the aims and objectives of SREP 20, LEP 2010 and DCP 2014.

Section 79C(1)(d) – Any Submissions

Community Consultation

In accordance with Appendix F4 of Penrith Development Control Plan 2014 – Notification and Advertising, the proposed development was notified to 22 nearby and adjoining residents and exhibited from 29 March 2015 to 13 April 2015. Council did not receive any submissions in response.

Internal Referrals

The Development Application was referred to Council’s Senior Development Engineer and they have raised no objection subject to conditions.

Section 94 Contributions

Section 94 Contributions are payable for the proposed subdivision as outlined in the following table:

S94 Type	Proposed Lots	Rate (Pop)	Total Population	Less Credit of Existing Lots	TOTAL CALCULATION RATE
District Open Space	4	3.1	12.4	6.2	6.2
Local Open Space	4	3.1	12.4	6.2	6.2

S94 Payment	Contribution Rate x Calculation rate		TOTAL
District Open Space	6.2 x $1,842		$11,420
Local Open Space	6.2 x $666		$4,129
		TOTAL	$15,549.00

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

The site is suitable for the proposed development. The proposed development is likely to improve the overall appearance of the site. The properties in the immediate vicinity of the site were notified of the development proposal. It is unlikely that the proposed development will adversely impact on adjoining residents, subject to recommended conditions of consent.

Conclusion

The application is considered satisfactory having regard to:

1. The preceding assessment has demonstrated that the proposal has met the relevant provisions of the environmental planning instruments:

a) Environmental Planning and Assessment Act 1979.

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

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

d) Penrith City Centre Local Environmental Plan 2010.

2. The site is suitable for the proposal and the development is in the public interest.

3. The assessment has been subject of a satisfactory independent peer review.

RECOMMENDATION

That:

1. The information contained in the report on Development Application DA15/0386 - Consolidation of two (2) Existing Lots and Torrens Title Subdivision Creating Four (4) Lots and Associated Stormwater Drainage Works Lot 561 DP 834943 and Lot 1 DP 849973 at (Nos.207 and 209) Bennett Road, St Clair be received.

2. Development Application DA15/0386 for the consolidation of two (2) existing lots and Torrens Title Subdivision Creating Four (4) Lots and Associated Stormwater Drainage Works at Lot 561 DP 834943 and Lot 1 DP 849973, at (Nos. 207 and 209) Bennett Road, St Clair be approved subject to the following conditions:

2.1 Standard Conditions

A001 Approved Plans

B005 Mud/Soil

D001 Implement Approved Sediment & Erosion Control Measures

D009 Covering of Waste Storage Area

D010 Appropriate Disposal of Excavated or Other Waste

G001 Installation of Services and Service Clearance (subdivision)

H001 Stamped Plans and Erection of Site Notice

H002 All forms of Construction

H041 Hours of Work

K205 Construction Certificates for Subdivision Works

K304 Matters to be Addressed Prior to Commencement of Subdivision Works

K501A Completion of Subdivision Works

K514 Subdivision Compliance Documentation

L007 Tree Protection Measures – No TMP with DA

L009 Tree Preservation Order

L012 Existing Landscaping (for existing development)

M001 Prior to Subdivision Work (Applies to subdivision except strata)

M008 Linen Plan

M013 Street Trees

M014 Surveyors Certificate

N001 Section 94 Contribution

N002 Section 94 Contribution

P001 Costs

Q001 Notice of Commencement & Appointment of PCA2

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

ATTACHMENTS/APPENDICES

1.	Independent Review	2 Pages	Attachments Included
2.	Locality Plan	1 Page	Attachments Included
3.	Subdivision Plan	1 Page	Attachments Included
4.	Engineering Plans	3 Pages	Attachments Included

Ordinary Meeting 26 October 2015

Development Application 14/0465.03 Modification to Two Storey Dwelling and Detached Single Storey Garage Lot 2332 DP 1184497 (No.) 1 Laimbeer Place, Penrith Applicant: Eden Brae Homes; Owner: Craig and Vicki Hill

Compiled by: Colin Wood, Coordinator Fire Safety and Certification

Authorised by: Tracy Chalk, Waste and Community Protection Manager

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
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 Section 96 Application to modify the internal floor layout of an approved two storey dwelling and modify the side setback of the detached single storey garage. The original development application (DA14/0465) was approved by Council Officers under delegated authority on 17 December 2014.

The modification seeks to change the internal ground floor layout of the dwelling and decrease the side setback of the detached single garage.

The request to amend the garage side setback from 900mm to 50mm is supported by a modified ‘Plan of Easements’ in which an easement for access, maintenance and overhang has been created on the adjoining property (Lot 2333). Prior to the issue of a construction certificate for the garage, this easement is required to be modified to extend the entire length of the garage on lot 2332 and evidence provided for the lodgement of registration with NSW Land and Property Information. The final occupation certificate shall not be issued until such time as the plan is registered.

The site is zoned R1 General Residential under the provisions of Penrith Local Environmental Plan 2010. A two storey dwelling and detached single storey garage is permissible with consent.

An assessment under Section 79C and Section 96 of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) has been undertaken and the application is recommended for approval.

This application has been reported to Council as the ownership of the land has since been registered to an employee of Council.

Background

On 17 December 2014, approval was granted (under DA14/0465) for a two storey dwelling and detached single storey garage on the subject lot. The lot was unregistered at time of approval. The original garage was proposed to have a 50mm side setback from the eastern boundary. The proposed plan of subdivision created a 900mm easement for access, maintenance and overhang along the eastern boundary. As such, a condition was placed on the consent (Condition No. 9) stating “The detached garage is to be setback a minimum 900mm to the rear boundary”.

A modified ‘Plan of Easements’ in which an easement for access, maintenance and overhang has now been registered (DP 1210925). This new plan partially removes the easement for access, maintenance and overhang from Lot 2332 and creates a new easement for access, maintenance and overhang on the adjoining property (Lot 2333). This easement on the adjoining lot allows the construction of the proposed modified garage to be located closer to the eastern boundary.

Site and Surrounds

The 40 hectare North Penrith site is centrally located directly adjacent to Penrith Railway Station and immediately to the north of the Penrith City Centre. It is a strategic site, located within the Penrith Regional Centre as identified in the Metropolitan Plan 2036 and North West Draft Subregional Strategy. The greater locality is characterised by a mixture of residential, industrial and recreational uses. Large industrial activities are located to the north on the opposite side of Coreen Avenue.

The land subject to this application is located on a corner Lot 2332 (No. 1) Laimbeer Place and Empire Circuit, Penrith. The site is a rectangular shaped lot and 369m² in size.

The Proposed Development

The submitted Section 96 application seeks to modify the approved internal floor layout of the approved two storey dwelling and modify the side setback of the detached single storey garage. This will include deleting Condition No. 9 of development consent DA14/0465 which states “The detached garage is to be setback a minimum 900mm to the rear boundary”.

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C and 96(1A) of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration:

1. Section 79C(1)(a)(i) - Any environmental planning instrument

State Environmental Planning Policy (SEPP) (Building Sustainability Index: BASIX) 2004

This Policy ensures the implementation of the BASIX scheme which encourages sustainable residential development. It requires certain kinds of residential development to be accompanied by a list of commitments to be carried out by applicants.

A BASIX Certificate was submitted with the original development application demonstrating compliance with set targets applicable for a dwelling.

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 development will have minimal impacts on the total catchment management of water quality and water quantity.

Penrith Local Environmental Plan 2010 (PLEP 2010)

The site is zoned R1 General Residential under the provisions of PLEP 2010. The proposed development is permissible with development consent. The proposal satisfies the objectives and provisions of PLEP 2010.

2. Section 79C(1)(a)(ii) - Any draft environmental planning instrument

There are no draft environmental planning instruments apply to this site.

3. Section 79C(1)(a)(iii) - Any development control plan

Penrith Development Control Plan 2014 (DCP 2014)

Part D2 – “Residential Development” is applicable to the current development application as well as Part E11 Penrith (Part B – North Penrith).

The proposal generally complies with the numerical development standards and is consistent with the aims and objectives of the DCP.

The proposed development is also subject to North Penrith Design Guidelines 2012. The modification to the two-storey dwelling involves internal alterations only and continues to comply with the design guidelines. The modification of the garage setback to be 50mm from the eastern boundary is also suitable as it now adjoins an easement for access maintenance and overhang on the adjoining property.

Prior to the issue of a construction certificate for the garage, the ‘Easement for access, maintenance and overhang 0.9 wide’ identified as ‘B’ on lot 2333 DP1210925 is required to be modified to extend the length of the approved garage on lot 2332 and evidence provided for the lodgement of registration with NSW Land and Property Information. The final occupation certificate shall not be issued until such time as the plan is registered.

4. Section 79C (1)(b) - The likely impacts of the development

Built and Natural Environment

The development is sympathetic to the streetscape and is consistent with the bulk, scale and design of other dwellings in the area. The development provides for appropriate separation between dwellings and does not detract from the amenity of neighbouring properties.

The development satisfies Council’s requirements for the provision of car parking and traffic generated by the development can be accommodated by the capacity of the existing road network in the locality.

The development satisfies sustainable development principles through its BASIX certificate commitments.

The site has adequate utility services and infrastructure. Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures have been included as conditions of consent and will ensure the development does not have an adverse impact on the natural environment.

Social and Economic

The proposed dwelling is compatible with the surrounding and adjacent residential land uses and does not pose any adverse social or economic impact.

5. Section 79C(1)(c) - The suitability of the site for development

The subject site is within an established residential area zoned for residential development.

The site is not known to be affected by any overland flows, landslip or heritage controls.

In view of the assessment, the site attributes are conducive to the type of development proposed and its integration with the character of the surrounding area.

6. Section 79C(1)(d) - Any submissions made in accordance with the Environmental Planning & Assessment Act and Regulations

Community Consultation

In accordance with Appendix F4 of Penrith Development Control Plan 2014 – Notification and Advertising, the proposed modification to the approved development was not required to be notified to neighbouring properties. The original development application (DA14/0465) was notified with the garage setback at 50mm and no objections were received.

7. Section 79C(1)(e) - The public interest

The proposal provides a development that is compatible with the existing streetscape, with minimal adverse impacts on the amenity of the area. The development will not generate any significant issues of public interest.

Section 96- Modification to consent generally

Having regard to the provisions of Section 96 of the Act, the proposed modification is unlikely to have adverse environmental impact and therefore can be treated as a Section 96(1A) modification. A summary of the developments’ performance against the main points of consideration is contained herein:

(a) Is the proposed modification of minimal environmental impact?

The proposed modification comprises minor amendments to the design and location of an approved dwelling and garage. This is deemed to have no adverse environmental impact.

(b) Is the development to which the consent as modified relates substantially the same development as the development for which the consent was originally granted?

The development is substantially the same as the original approval granted under DA14/0465.

(c) Has the modification been notified in accordance with:

(i) the regulations (if the regulations so require) or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent

(d) If so, have submissions been considered?

The proposed modification is of a minor nature and did not require neighbour notification.

The original development application (DA14/0465) was notified with the garage setback at 50mm and no objections were received.

Conclusion

The proposed modification maintains a positive development outcome having regard to the heads of consideration under Section 79C and Section 96(1A) of the EP&A Act 1979.

The modification seeking to change the internal ground floor layout of the dwelling and decrease the side setback of the detached single garage is supported by a modified ‘Plan of Easements’ in which an easement for access, maintenance and overhang has been created on the adjoining property (lot 2333).

The modification is substantially the same as that originally approved and therefore it is recommended the subject Section 96 modification be approved.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 14/0465.03 Modification to Two Storey Dwelling and Detached Single Storey Garage Lot 2332 DP 1184497 (No.) 1 Laimbeer Place, Penrith be received.

2. The Section 96 application to modify the internal layout of the two storey dwelling and amend the garage setback be approved subject to the following amendments.

3. Modify Condition 1 (A001) of DA14/0465 to read as follows:

The development must be implemented substantially in accordance with the plans numbered 0017966 (Issue B), pages 1 to 11, Issue F dated 26th March 2015, drawn by Eden Brae Homes and stamped approved by Council, the application form, the BASIX Certificate and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

4. Delete Condition 9 of DA14/0465 to allow the garage to be located closer than 900mm to the eastern boundary.

5. Add an additional condition stating:

Prior to the issue of a construction certificate for the garage, the ‘Easement for access, maintenance and overhang 0.9 wide’ identified as ‘B’ on lot 2333 DP1210925 shall be modified to extend the length of the approved garage on lot 2332 and evidence provided for the lodgement of registration with NSW Land and Property Information. The final occupation certificate shall not be issued until such time as the plan is registered.

6. All other conditions in DA14/0465 to remain unchanged.

ATTACHMENTS/APPENDICES

1.	Locality Plan	1 Page	Attachments Included
2.	Site Plan	1 Page	Attachments Included
3.	Dwelling Elevation and Section Plans	2 Pages	Attachments Included
4.	Dwelling Floor Plan	2 Pages	Attachments Included
5.	Garage Elevation and Section Plan	1 Page	Attachments Included
6.	Garage Floor Plan	1 Page	Attachments Included

Ordinary Meeting 26 October 2015

Magnetic Places Grants Program 2015-16

Compiled by: Donita Hulme, Cultural Engagement Officer

Authorised by: Jeni Pollard, Place Manager

Outcome	We have safe, vibrant places
Strategy	Grow and revitalise our centres and neighbourhoods
Service Activity	Engage the community in identified priority established areas of the City

Executive Summary

This report informs Council of the 2015 Magnetic Places Grants Program’s successful outcomes and recommends five new placemaking projects for funding in 2016. It also includes a summary of an external review of the grants program conducted in early 2015.

Magnetic Places is a transforming grants program that positions Penrith City as an innovator in community-driven placemaking. The program is an integral component of Neighbourhood Renewal and capitalises on valuable support from the Parks, Public Domain and Safety, and Corporate Communications and Marketing Departments. One of only a few placemaking grant programs in Australia, Magnetic Places supports projects that:

· aim to creatively transform the way in which residents use or connect with public spaces in their neighbourhoods

· have an artistic, cultural or environmental focus and

· prioritise collaborations between artists, residents and organisations such as schools, businesses and community service providers.

Magnetic Places celebrates diversity, innovation and culture in 12 of Penrith's established neighbourhoods and has produced 60 successful placemaking projects, positively impacting the lives of more than 12,000 residents since 2007. These impacts have included greater community cohesion, improved wellbeing and increased civic participation along with the development of safer and more attractive public spaces in our neighbourhoods.

The program complements Council’s investment in identified priority neighbourhoods as a key component of the endorsed Special Rates Variation (SRV) 2011 and builds upon the Penrith brand values of Transformation, Invention, Harmony and Lifestyle. It also contributes to Service Activities within the City Plan. Magnetic Places continues to grow and evolve as the City's communities collaborate with artists, organisations and each other to celebrate local identity and amplify the vibrancy of Penrith.

Positive impacts of the 2015 Magnetic Places program include:

· 3 new public art works installed

· 7 community events & art exhibitions hosted

· 9 neighbourhood locations activated

· 12 organisations collaborated

· 15 artist facilitators engaged

· 755 residents working together & developing new skills

· 2000+ audience members enjoying the outcomes of these creative placemaking projects.

Background

The Magnetic Places Grants Program was initiated in 2007-08 as a pilot with the objective of enabling residents, community groups, artists and organisations to activate local places. The program is based on placemaking, a multi-faceted approach to the planning, design and management of public spaces. Placemaking capitalises on a neighbourhood’s assets, inspiration, and potential, with the intention of creating public spaces that promote people's health, happiness, and wellbeing. Magnetic Places has a particular focus on the use of artistic processes and cultural activities within placemaking.

Since inception, the program has funded 60 successful projects from 108 applications. It has been a catalyst in making local cultural activity more visible and enabling diverse voices in our communities to be heard. Project evaluations demonstrate that through the ‘making’ part of placemaking the program is contributing to the wellbeing of Penrith residents with participants reporting that they have made new friends, gained confidence and developed new skills amongst many other valuable outcomes.

Magnetic Places has empowered communities to transform public spaces through collaborations with professional artists, community organisations, schools and local business. The program has seeded events and programs which have change public spaces into meaningful places connected to the whole community. Projects have vividly brought public spaces to life, increasing local pride and a sense of belonging by supporting communities to tell their own stories and shape the place where they live.

Over time Magnetic Places has also generated a high level of interest from the Sydney arts sector as well as State and Federal arts and cultural agencies. The program was the recipient of a Local Government Cultural Award at Parliament House NSW in 2010.

In 2013 the grants guidelines were reviewed internally to reflect an emphasis on the activation of local parks and public spaces. As a result, in 2014 the Magnetic Places grants program offered funding in three categories:

1. Community Collaborations: up to $1,500 for small projects which activate local parks

2. Creative Communities: up to $8,000 for projects that use partnerships to activate public spaces and meeting places

3. Seeding Creativity: up to $15,000 per year for large, multi-layered two-year projects that highlight community strengths or respond to a community issue that emerges during the course of the project.

After an external review of Magnetic Places in 2015 (see page 5) indicated that applicants preferred a simpler selection of funding categories, two were offered for the 2016 round:

1. Celebrating Places: $3000 – 5000 for projects that use creative engagement with residents to celebrate a local area or space and/or offer creative responses to local issues through one or a series of activities.

2. Making Places: $5000 – 10,000 for projects that transform a public or local meeting space through creative and cultural collaboration with the community, and offer creative responses to local issues, through a series of activities.

The program has a total of $50,000 dedicated each year for grants disbursement and administrative costs such as marketing and relevant workshops.

Individual artists, local groups, community service providers, arts organisations and others are encouraged to apply each year.

2015 Program

In 2014 Council endorsed funding for nine placemaking projects (total: $48,000) which delivered a number of positive impacts for the community in 2015 including:

· 3 new public art works

· 7 community events & art exhibitions

· 9 neighbourhood locations activated

· 12 collaborations between organisations

· 15 professional artists as facilitators

· 755 residents working together & developing new skills

· 2000+ audience members enjoying the outcomes of these creative placemaking projects.

Highlights from the 2015 Magnetic Places program include:

· Every Face Has a Place: Artist Abbas Makrab led a group of 10 keen parents from St Marys North Public School through the design, creation and installation stages of two vibrant garden mosaics–in Wattle St Reserve and on school grounds. The Wattle St mosaic celebrates the area’s cultural diversity and includes a message of acceptance. The unveiling of the mosaics was celebrated with a special assembly that featured a mass drumming performance by the students as a ‘thankyou’ for the parents group.

· Colyton Kites: Artist Sanhita Banerjee guided 15 young people through the process of kite-making over a series of weeks. The young people then co-hosted a kite-making workshop in Kevin Maley Park for local families, providing a point of connection for local residents with this public space, young people and each other.

· Visual Picnic: Artist Emma Sputnik activated Kingswood’s Wainwright Park on a sunny Saturday with a lively group of Kingswood TAFE students who hosted a series of fun artistic activities that also carried a message of environmental sustainability. The day attracted almost 400 people (including local families, passing customers and dedicated visitors) acting as a forum for fun collaborations and neighbourly introductions in this culturally diverse area.

· Cranebrook: I Have a Dream: A group of 15 young people from Aboriginal, Anglo-Saxon and Pacific Island backgrounds worked with contemporary artists Marian Abboud, George Tillianakis and Jerry Kahale to create sound and image portraits that express and celebrate their aspirations. The final works were shared with local residents through a multimedia showcase.

· Meet St Marys: This two-year project invites locals to share and reshape their thoughts on their neighbourhood. During 2015 the project has met with, interviewed on camera, and tested footage on a range of St Marys locals and project mentees. The first public outcome from this project, the St Marys Minutes series of short videos, is being released online via <facebook.com/meetstmarys/videos>. In February 2016 this project will culminate in a public celebration at Coachman’s Park.

Feedback from these funded projects has been overwhelmingly positive and quotes from participants include:

“We feel connected to the place and each other now. We don’t just ignore each other on the street, we stop, we talk.”

“Can you please let me know when this will be happening again because I want to do it again.”

“I am SO into this!!”

“Thank you so much. When’s the next one?!”

“It was a great learning experience. I enjoyed meeting new people. It was a great and friendly group who always had a great time. Our teacher was fantastic.”

And from The Song Room (Every Face Has a Place, North St Marys):

“100% respondents to our participant survey reported felling ‘more connected to’ and ‘more pride in’ community”.

Grants Program Review

In early 2015 a review process of the Magnetic Places Grants Program was undertaken
“To identify areas for improvement within the program that will increase usability and access for potential applicants while maintaining or improving the quality of outcomes for the Penrith community”.

The review was conducted by consultant, Dr Cheryle Yin-Lo, a community cultural development (CCD) and local government specialist. The review was comprised of two stages, the first being a review of program data for all previous grant rounds 2007-14. An immediate finding was that applicants who do not discuss their potential project with Council staff are always unsuccessful in their bid for funding. This affirms what staff have noted over the years that pre-lodgement discussions provide applicants with a valuable opportunity to discuss project concepts, eligibility requirements and selection criteria before finalising their grant application. Indeed the 2016 grants intake includes an application that was not discussed with Council staff before lodging and was found to be ineligible on two counts.

The second stage of the review included an online survey sent to all 2011-2015 grant applicants and telephone interviews with stakeholders including grant recipients, unsuccessful grant applicants, community organisations and a Councillor. The consultant’s final report provided analysed feedback on key areas such as program marketing, the grant application process, and interaction with Council staff. The report notes that overall “it is evident that the Program to date has had a positive impact on a number of levels” with a variety of respondents providing overwhelmingly positive comments on the program such as,

“I take my hat off to Penrith Council for their investment and funding of the Magnetic Places Program. I know it’s a lot of work in managing the Program but the benefits and possibilities of new partnerships and players is so valuable. It is also so accessible for individuals to apply”. (Community worker)

“Very good. The Program really helps community through projects”.

(Artist, project facilitator)

“The Program really helps the community at large especially geographically in the smaller villages/hamlets in Penrith. It is especially important in the role it plays in placemaking and community cultural development practice. It is a very accessible program especially if you have no art experience”. (Councillor, community advocate)

The consultant's final report also included 10 recommendations. Half of these recommendations were immediately implemented as part of the 2016 grants program:

1. Funding streams were reduced from three to two

2. All grants-related resources were revised into plain English

3. Clear information was provided on directly relevant Council processes

4. Role of Council staff was clearly stated in the grants guidelines

5. The general public and non-arts organisations were included in the marketing plan.

Two more recommendations will be implemented as the program rolls out:

6. Continue to provide the annual project management workshop for successful applicants

7. Broaden program reporting to include data and mapping of funded activities to identify neighbourhoods, emerging groups and CALD communities that are not well represented in funded projects to date.

The three remaining recommendations will have to be considered over time given their reach extends beyond the Magnetic Places program:

8. Support Aboriginal community capacity building in arts project management

9. Broker opportunities between communities, artists and organisations

10. Identify mentoring opportunities amongst those groups.

2016 Program Activity

The 2016 Magnetic Places Grants Program promotional campaign began on 22 July, giving Council four weeks in which to generate interest ahead of the six-week application period beginning 20 August. During that time Council hosted a free grant writing workshop and received over 30 enquiries about the grants which in turn generated 14 grant applications requesting a total of $145,077 in funding. Each year the program has a total of $50,000 available for grants. In 2016 the amount available is $35,000 as the Meet St Marys project from 2015 was funded for a two-year period and in 2016 will receive $15,000.

The promotional campaign began with key placement of the Magnetic Places image on the Council website’s image carousel, distribution of A5 postcards and an email campaign to past applicants, Western Sydney arts organisations and local community service providers.

All promotional information directed enquiries to the Grants page of the Council website where relevant information was available along with the revised guidelines and a link to the SmartyGrants online grants submission platform (for the period 20 August-28 September). The grant writing workshop was held on Friday 28 August with individual artists, residents, community service providers, arts organisations and a local radio DJ in attendance. Local newspapers carried news items on Magnetic Places and local radio station Vintage FM also promoted the grants program and workshop.

2016 Applications and Assessment

A total of 14 applications were received for the 2016 Magnetic Places grants program, a higher than average outcome. The majority of applications received were also of a higher quality than average which resulted in this being a very competitive round totalling $145,077 in requested funds. This was well in excess of the $35,000 available for funding.

Applications were submitted online using SmartyGrants and for the first time assessment of the applications was also undertaken online. A three-person assessment panel was formed to review all applications against the selection criteria and decide on recommendations to Council for funding. The panel comprised two Council staff members and a sector representative:

1. Jeni Pollard, Place Manager

2. Judy Cobb, Neighbourhood Facilities Coordinator

3. David Ryan, Arts facilitator and TV sports editor (previous applicant).

Of the 14 applications received, 13 satisfactorily met eligibility requirements with only one deemed ineligible as it was for an annual event and some of its activities were fee-based (see Appendix 1). The remaining applications were assessed by the panel against the selection criteria on their merits and ranked according to how well they met these criteria. One application was lodged under Category 1 (Celebrating Places) and 12 under Category 2 (Making Places). The recommended projects are all for Category 2 Making Places.

Nine applications featured strong project concepts. When ranked against selection criteria and available funding, the competitive assessment process resulted in five projects being shortlisted. These projects requested a total of $47,470, still exceeding the available funding of $35,000. The key contacts of each of the five projects were approached as ‘prioritised applicants’ and invited to consider modifying their project scope and budget to meet a nominated figure (see Appendix 2). All five responded in the affirmative and the adjusted total recommended is $35,300. The projects recommended for funding appear below in Table 1.

In addition to the total request for funding is $15,000 for year 2 of the Meet St Marys project, as endorsed in 2014, bringing the total number of projects for 2016 to six.

Council officers will provide feedback to unsuccessful applicants as well as suggestions of alternative funding, where appropriate, to assist their efforts with any future applications.

Table 1- Projects Recommended for Funding

Project	Neighbourhood	Applicant	Recommended Funding
Our Place Our Space	Cranebrook	Wentworth Community Housing	8,000
Under the Awnings	North St Marys	Information and Cultural Exchange	7,500
Creating Bridges Across Cultures with Drumming	St Marys	Friends of STARTTS	7,000
Billy Cart Workshops and Derby Day	Colyton North St Marys Werrington	Community Junction	6,000
Do You See I What I See?	St Marys	Lisa Cross	6,800
		TOTAL	$35,300

Conclusion

Magnetic Places is a popular and progressive grants program that connects creative resident activity in priority neighbourhoods with a city-wide approach to wellbeing and cultural vitality. As a program, Magnetic Places contributes strongly to Penrith’s community wellbeing and place aspirations as articulated in the City Strategy,

“Creating a successful partnership between the arts, culture and City renewal and growth requires moving beyond a traditional focus. This partnership requires a new focus on how residents experience their City, their sense of place and identity in its diverse and many expressions and how the City speaks to its residents. Place making and public art contributes to a stimulating and active public domain as well as resident connection in local neighbourhoods.”

In 2015 over 750 residents collaborated with 27 artists, community service providers and arts organisations to amplify their own creativity and enhance the vitality of their 9 locations. These placemaking projects also positively affected 2000 audience members and visitors.

Five projects totalling $35,300 are recommended for funding in 2016. These projects represent an opportunity to activate a range of local places that will enrich our neighbourhoods and address a range of community issues.

If endorsed by Council, six projects totalling $50,300 (including Year 2 of the Meet St Marys project) will be funded to provide Penrith residents with opportunities to transform the ways in which they and others connect with local public spaces. These projects will capitalise on their neighbourhood assets, inspiration and potential, all with the intention of creating public spaces and communities that promote people's health, happiness, and wellbeing. This creative empowerment will continue to position Penrith City as a leader in community-driven placemaking and creative neighbourhood renewal.

RECOMMENDATION

That:

1. The information contained in the report on Magnetic Places Grants Program 2015-16 be received.

2. The five projects listed in Table 1 are funded as part of the Magnetic Places Grants Program 2016.

ATTACHMENTS/APPENDICES

1.	Magnetic Places 2016 Applications not Recommended for Funding	1 Page	Appendix
2.	Magnetic Places 2016 Applications Recommendaed for Funding	1 Page	Appendix

Ordinary Meeting 26 October 2015

Pecuniary Interest Returns

Compiled by: Adam Beggs, Acting Senior Governance Officer

Authorised by: Stephen Britten, Chief Governance Officer

Outcome	We have confidence in our Council
Strategy	Demonstrate transparency and ethical behaviour
Service Activity	Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

Executive Summary

Chapter 14 of the Local Government Act, 1993 (the Act) concerns “Honesty and Disclosure of Interests”, and requires all elected members and designated persons to complete an initial Pecuniary Interest Return, and every year thereafter an annual return. Designated persons include the General Manager, other senior staff, and staff holding a position identified by the Council as a position of a designated person, because it involves the exercise of certain functions such as regulatory or contractual functions. First returns have to be completed and lodged within three months of becoming a designated person. Annual returns have to be completed and lodged within three months of 30 June each year. With the exception of two pecuniary interest returns by designated employees, the returns were completed and lodged prior to the due date.

Current Situation

Section 450A of the Act regarding the registration and tabling of returns lodged by Councillors and designated persons is as follows:

Register and Tabling of Returns
450A.

1. The General Manager must keep a register of returns required to be lodged with the General Manager under Section 449.

2. Returns required to be lodged with the General Manager under Section 449 must be tabled at a Meeting of the Council, being:

(a) in the case of a return lodged in accordance with section 449(1) - the first Meeting held after the last day for lodgement under that subsection; or

(b) in the case of a return lodged in accordance with section 449(3) - the first Meeting held after the last day for lodgement under that subsection; or

(c) in the case of a return otherwise lodged with the General Manager - the first Meeting after lodgement.

A register of all returns lodged by Councillors and designated persons, in accordance with Section 449 of the Act, is currently kept by Council as required by this part of the Act.

All returns lodged by Councillors and designated persons under Section 449 of the Act must be tabled at a Council Meeting as outlined in Sections 450A(2)(a), (b) and (c) above.

The following Section 449(3) returns have been lodged:

Councillor	Return Period	Date Lodged
Councillor Jim Aitken OAM	1 July 2014 - 30 June 2015	8 September 2015
Councillor Bernard Bratusa	1 July 2014 - 30 June 2015	27 July 2015
Councillor Prue Car	1 July 2014 - 30 June 2015	22 September 2015
Councillor Marcus Cornish	1 July 2014 - 30 June 2015	15 July 2015
Councillor Kevin Crameri OAM	1 July 2014 - 30 June 2015	8 September 2015
Councillor Greg Davies	1 July 2014 - 30 June 2015	15 July 2015
Councillor Mark Davies	1 July 2014 - 30 June 2015	29 September 2015
Councillor Ross Fowler OAM	1 July 2014 - 30 June 2015	8 September 2015
Councillor Maurice Girotto	1 July 2014 - 30 June 2015	11 August 2015
Councillor Ben Goldfinch	1 July 2014 - 30 June 2015	15 July 2015
Councillor Jackie Greenow OAM	1 July 2014 - 30 June 2015	27 July 2015
Councillor Tricia Hitchen	1 July 2014 - 30 June 2015	10 September 2015
Councillor Karen McKeown	1 July 2014 - 30 June 2015	15 July 2015
Councillor John Thain	1 July 2014 - 30 June 2015	22 September 2015
Councillor Michelle Tormey	1 July 2014 - 30 June 2015	8 September 2015

Name	Position Title	Return Period	Date Lodged
Stephen Britten	Chief Governance Officer	1 July 2014 - 30 June 2015	7 August 2015
David Burns	Executive Manager – City Assets	1 July 2014 - 30 June 2015	13 August 2015
Craig Butler	Assistant General Manager	1 July 2014 - 30 June 2015	7 August 2015
Ruth Goldsmith	Executive Manager – City Planning & Community	1 July 2014 - 30 June 2015	7 August 2015
Barry Husking	Assistant General Manager	1 July 2014 - 30 June 2015	13 August 2015
Wayne Mitchell	Executive Manager – Environment & City Development	1 July 2014 - 30 June 2015	7 August 2015
Vicki O’Kelly	Executive Manager - Corporate	1 July 2014 - 30 June 2015	6 August 2015
Alan Stoneham	General Manager	1 July 2014 - 30 June 2015	3 September 2015

Name	Position Title	Return Period	Date Lodged
Terry Agar	Place Management Coordinator	1 July 2014 - 30 June 2015	10 August 2015
Krishti Akhter	Planner	1 July 2014 - 30 June 2015	5 August 2015
Alexx Alagiah	Asset Systems Engineer	1 July 2014 - 30 June 2015	24 September 2015
Michael Alderton	Development Engineering Coordinator	1 July 2014 - 30 June 2015	21 August 2015
Helen Bakker	Environmental Health Officer	1 July 2014 - 30 June 2015	19 August 2015
Graham Bambrick	Customer Service Supervisor	1 July 2014 - 30 June 2015	4 August 2015
Adam Beggs	Governance Officer	1 July 2014 - 30 June 2015	31 July 2015
Mark Berry	Supply Officer	1 July 2014 - 30 June 2015	29 September 2015
Kristin Blain	Environmental Health Officer	1 July 2014 - 30 June 2015	6 August 2015
Peter Blazek	Property Management Officer	1 July 2014 - 30 June 2015	5 August 2015
Darrell Boggs	Ranger - General	1 July 2014 - 30 June 2015	5 August 2015
Andrew Boles	RID Squad Investigation Officer	1 July 2014 - 30 June 2015	13 August 2015
Tathra Bor	Environmental Health Officer	1 July 2014 - 30 June 2015	28 September 205
Belinda Borg	Senior Environmental Planner DA	1 July 2014 - 30 June 2015	17 September 2015
Jade Bradbury	Business Coordinator Children’s Services	1 July 2014 - 30 June 2015	5 August 2015
Daniel Braid	Ranger – Parking	1 July 2014 - 30 June 2015	4 August 2015
Mark Broderick	Planning & Advocacy Coordinator	1 July 2014 - 30 June 2015	7 August 2015
Chris Brown	Recreation Facilities & Programs Officer	1 July 2014 - 30 June 2015	4 August 2015
Peter Browne	Internal Auditor	1 July 2014 - 30 June 2015	4 August 2015
Matthew Bullivant	Senior Legal Officer	1 July 2014 - 30 June 2015	3 August 2015
Amanda Burns	Companion Animals Officer	1 July 2014 - 30 June 2015	24 September 2015
Greg Butchard	Parks Operations Co-ordinator	1 July 2014 - 30 June 2015	5 August 2015
Alison Butler	Planner	1 July 2014 - 30 June 2015	5 August 2015
Ruth Byrnes	Senior Traffic Officer	1 July 2014 - 30 June 2015	12 August 2015
Laurence Cafarella	Acting Emergency Management Coordinator	1 July 2014 - 30 June 2015	5 August 2015
Rosemarie Canales	Architectural Supervisor	1 July 2014 - 30 June 2015	13 August 2015
Matthew Casey	RID Squad Investigation Officer	1 July 2014 - 30 June 2015	1 September 2015
Allison Cattell	Senior Environmental Planner DA	1 July 2014 - 30 June 2015	6 August 2015
Heather Chaffey	Neighbourhood Renewal Programme Coordinator	1 July 2014 - 30 June 2015	23 September 2015
Tracy Chalk	Waste & Community Protection Manager	1 July 2014 - 30 June 2015	4 August 2015
Abdul Cheema	Senior Planner	1 July 2014 - 30 June 2015	1 September 2015
Gavin Cherry	Principal Planner	1 July 2014 - 30 June 2015	1 September 2015
Leo Chow	Senior Engineer – Major Developments	1 July 2014 - 30 June 2015	1 September 2015
Judy Cobb	Neighbourhood Facilities Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Belinda Comer	Environmental Health Officer	1 July 2014 - 30 June 2015	28 September 2015
Julie Condon	Development Enquiry & Customer Service Coorindator	1 July 2014 - 30 June 2015	12 August 2015
Wendy Connell	Planner	1 July 2014 - 30 June 2015	5 August 2015
Kelly Connor	Senior Environmental Health Officer	1 July 2014 - 30 June 2015	29 September 2015
Robert Craig	Principal Planner	1 July 2014 - 30 June 2015	1 September 2015
Aldo Credaro	Asset Officer	1 July 2014 - 30 June 2015	24 September 2015
Mark Cremona	Senior Engineer – Major Developments	1 July 2014 - 30 June 2015	28 September 2015
Anthony Crichton	Senior Planner	1 July 2014 - 30 June 2015	1 September 2015
Teresa Dalton	Environmental Health Officer	1 July 2014 - 30 June 2015	28 September 2015
Jeanne De La Torre	Ranger - Parking	1 July 2014 - 30 June 2015	4 August 2015
Monique Desmarchelier	Healthy Strategy Officer	1 July 2014 - 30 June 2015	23 September 2015
Colin Dickson	Marketing Partnerships & Events Coordinator	1 July 2014 - 30 June 2015	31 July 2015
Hamish Dodson	Asset Officer	1 July 2014 - 30 June 2015	23 September 2015
Michael Doggett	Supply Coordinator	1 July 2014 - 30 June 2015	4 August 2015
Laurie Doolan	Ranger	1 July 2014 - 30 June 2015	30 September 2015
Phillip Doy	Compliance Technical Officer	1 July 2014 - 30 June 2015	1 September 2015
David Drozd	Traffic Engineering Coordinator	1 July 2014 - 30 June 2015	23 September 2015
David Durie	Senior Environmental Health Officer	1 July 2014 - 30 June 2015	24 September 2015
David Ellks	Property Projects Coordinator	1 July 2014 - 30 June 2015	6 August 2015
Vince Emmerick	RID Squad Investigation Officer	1 July 2014 - 30 June 2015	1 September 2015
Rodney Esdaile	Senior Development Engineer	1 July 2014 - 30 June 2015	6 August 2015
Adrian Estreich	Team Leader (Environment)	1 July 2014 - 30 June 2015	1 September 2015
Joshua Fayle	Senior Human Resource Officer	1 July 2014 - 30 June 2015	1 September 2015
Ari Fernando	Design & Projects & Design Coordinator	1 July 2014 - 30 June 2015	23 September 2015
Craig Field	City Centres Operations Supervisor	1 July 2014 - 30 June 2015	24 September 2015
Garry Fletcher	Development Engineer Inspector	1 July 2014 - 30 June 2015	17 August 2015
Noel Fuller	Coord Ranger & Animal Services	1 July 2014 - 30 June 2015	6 August 2015
Carlie Fulton	Senior Environmental Health Officer	1 July 2014 - 30 June 2015	19 August 2015
Nabil Garas	Ranger - Parking	1 July 2014 - 30 June 2015	4 August 2015
Joshua Giblin	Human Resource Officer	1 July 2014 - 30 June 2015	11 August 2015
Stephen Gillis	RID Squad Snr Investigation Officer	1 July 2014 - 30 June 2015	7 August 2015
Joe Gleeson	Graduate Environmental Health and Building Surveyor	1 July 2014 - 30 June 2015	10 August 2015
Geoff Goodacre	Environmental Health & Building Surveyor	1 July 2014 - 30 June 2015	6 August 2015
John Gordon	Parks Manager	1 July 2014 - 30 June 2015	7 September 2015
Tim Gowing	Senior Waterways Officer	1 July 2014 - 30 June 2015	10 September 2015
Peter Graham	Works Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Stephanie Gray	Neighbourhood Facilities Development Officer	1 July 2014 - 30 June 2015	7 September 2015
Graham Green	Senior Traffic Engineer	1 July 2014 - 30 June 2015	12 August 2015
Vanessa Griffin	Team Leader Building Approvals	1 July 2014 - 30 June 2015	6 August 2015
Paul Grimson	City Planning Manager	1 July 2014 - 30 June 2015	10 August 2015
Jenny Guice	Senior Sustainability Planner	1 July 2014 - 30 June 2015	1 September 2015
Andrew Gunner	HR Systems Administrator	1 July 2014 - 30 June 2015	23 September 2015
Murray Halls	Public Domain Coordinator	1 July 2014 - 30 June 2015	13 August 2015
Carmel Hamilton	Sustainability Coordinator	1 July 2014 - 30 June 2015	18 August 2015
Elizabeth Hanlon	Senior Planner	1 July 2014 - 30 June 2015	1 September 2015
Christopher Hawkins	Senior Environmental Health & Building Surveyor	1 July 2014 - 30 June 2015	11 August 2015
Jane Hetherington	Environmental Planner	1 July 2014 - 30 June 2015	1 September 2015
Andrew Hewson	Sustainability Education Officer	1 July 2014 - 30 June 2015	19 August 2015
Kerry Hiatt	Records Management Coordinator	1 July 2014 - 30 June 2015	3 August 2015
John Hollier	Planning Information Unit Coordinator	1 July 2014 - 30 June 2015	4 August 2015
Jenna Hore	Senior Biodiversity Strategy Officer	1 July 2014 - 30 June 2015	23 September 2015
Graham Howe	Building Projects & Maintenance Coordinator	1 July 2014 - 30 June 2015	11 August 2015
Joe Ibbitson	Community Programmes Coordinator	1 July 2014 - 30 June 2015	6 August 2015
Craig Izzard	RID Squad Investigation Officer	1 July 2014 - 30 June 2015	30 September 2015
Michael Jackson	Design & Projects Manager	1 July 2014 - 30 June 2015	6 August 2015
Tanya Jackson	Corporate Development Coordinator	1 July 2014 - 30 June 2015	5 August 2015
Amanda James	Human Resource Officer	1 July 2014 - 30 June 2015	23 September 2015
Schandel Jefferys	Senior Planner	1 July 2014 - 30 June 2015	7 August 2015
Sellathurai Kananathan	Ranger - Parking	1 July 2014 - 30 June 2015	5 August 2015
Nadarajah Karunakaran	Projects Engineer	1 July 2014 - 30 June 2015	29 September 2015
Janet Keegan	Children’s Services Manager	1 July 2014 - 30 June 2015	29 September 2015
Olivia Kidon	Community Safety Coordinator	1 July 2014 - 30 June 2015	4 August 2015
Stephen Krimmer	Supervisor - Certification	1 July 2014 - 30 June 2015	5 August 2015
John Krkach	Building Maintenance Supervisor	1 July 2014 - 30 June 2015	1 September 2015
Allison Kyriakakis	Community Safety Coordinator	1 July 2014 - 30 June 2015	4 August 2015
Peter Lang	Marketing Officer	1 July 2014 - 30 June 2015	17 September 2015
Gary Lawson	Traffic & Special Events Coordinator	1 July 2014 - 30 June 2015	5 August 2015
Tracy Leahy	Community Programmes Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Aimee Lee	Senior Environmental Planner DA	1 July 2014 - 30 June 2015	1 September 2015
Paul Lemm	Development & Environmental Health Manager	1 July 2014 - 30 June 2015	29 September 2015
Ju Li	Project Coordinator	1 July 2014 - 30 June 2015	17 August 2015
Lynda Lowe	Cemeteries Supervisor	1 July 2014 - 30 June 2015	25 September 2015
Ryan Maestri	Environmental Health and Building Surveyor	1 July 2014 - 30 June 2015	17 August 2015
Nadia Maganga (Kocoski)	Infrastructure Bond Officer	1 July 2014 - 30 June 2015	5 August 2015
Barbara Magee	Corporate Communications and Marketing Manager	1 July 2014 - 30 June 2015	10 August 2015
Alam Mahbub	Environmental Planner	1 July 2014 - 30 June 2015	1 September 2015
Joshua Martin	Building Asset Coordinator	1 July 2014 - 30 June 2015	4 August 2015
Christine Martyn	Administration Officer	1 July 2014 - 30 June 2015	17 August 2015
Stephen Masters	Senior Engineer Major Developments	1 July 2014 - 30 June 2015	23 September 2015
Paul Maynard	Ranger - General	1 July 2014 - 30 June 2015	5 August 2015
Glenn McCarthy	Executive/Public Officer	1 July 2014 - 30 June 2015	31 July 2015
John McConnell	Organisational Learning & Development Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Mark McLachlan	Restorations Officer	1 July 2014 - 30 June 2015	6 August 2015
Brendan McLister	Project Engineer	1 July 2014 - 30 June 2015	1 September 2015
Johannes Meijer	City Works Manager	1 July 2014 - 30 June 2015	4 August 2015
Michael Mendham	Neighbourhood Facilities Operations Supervisor	1 July 2014 - 30 June 2015	5 August 2015
Sarah Meszaros	Animal Services Officer	1 July 2014 - 30 June 2015	5 August 2015
Anthony Milanoli	Senior Planner	1 July 2014 - 30 June 2015	4 August 2015
Marnie Mitchell	Human Resource Coordinator	1 July 2014 - 30 June 2015	17 August 2015
Andrew Moore	Financial Services Manager	1 July 2014 - 30 June 2015	4 August 2015
Matthew Morris	Parks Program Co-ordinator	1 July 2014 - 30 June 2015	3 August 2015
Jennifer Moses	Sustainability Research Planner	1 July 2014 - 30 June 2015	18 August 2015
Kenneth Muir	Risk Management Coordinator	1 July 2014 - 30 June 2015	7 August 2015
Matthew Nicholson	Senior Works Coordinator	1 July 2014 - 30 June 2015	25 September 2015
Jonathan Page	Supervisor Development Compliance	1 July 2014 - 30 June 2015	30 September 2015
Graham Pares	Strategic Planning Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Geoff Payne	WHS & IM Coordinator	1 July 2014 - 30 June 2015	6 August 2015
Yvonne Perkins	Public Domain Amenity and Safety Manager	1 July 2014 - 30 June 2015	1 September 2015
Fiona Plesman	Organisational Performance and Development Manager	1 July 2014 - 30 June 2015	30 September 2015
Jeni Pollard	Place Manager	1 July 2014 - 30 June 2015	10 August 2015
Aisha Poole	Resource Recovery Coordinator	1 July 2014 - 30 June 2015	11 August 2015
Pukar Pradhan	Senior Environmental Planner DA	1 July 2014 - 30 June 2015	1 September 2015
Anthony Price	Environmental Health Co-ordinator	1 July 2014 - 30 June 2015	1 September 2015
Steven Purvis	Senior Ranger - General	1 July 2014 - 30 June 2015	4 August 2015
Krystie Race	Sustainability Research Planner	1 July 2014 - 30 June 2015	18 August 2015
Daria Rech	Stormwater Management Officer	1 July 2014 - 30 June 2015	19 August 2015
Andrew Robinson	Recreation Manager	1 July 2014 - 30 June 2015	8 September 2015
Matthew Rose	Senior Planner	1 July 2014 - 30 June 2015	5 August 2015
Stacey Rossetto	Corporate Communications & Marketing Officer	1 July 2014 - 30 June 2015	10 August 2015
Evan Rowse	Tree Management Officer	1 July 2014 - 30 June 2015	3 August 2015
Garth Russell	Works Coordinator (Contracts)	1 July 2014 - 30 June 2015	10 August 2015
Ross Russell	Supply Officer	1 July 2014 - 30 June 2015	10 August 2015
Barry Ryan	Coordinator RID Squad	1 July 2014 - 30 June 2015	1 September 2015
Eric Ryffel	Rid Sqad Investigator	1 July 2014 - 30 June 2015	1 September 2015
Mitchell Sammut	Recreation Officer	1 July 2014 - 30 June 2015	3 August 2015
Sarah Sampson	Development Compliance Officer	1 July 2014 - 30 June 2015	1 September 2015
Karin Schicht	Landscape Architectural Supervisor	1 July 2014 - 30 June 2015	1 September 2015
Glenn Schuil	Senior Governance Officer	1 July 2014 - 30 June 2015	3 August 2015
Laura Schuil	Supply Officer – Contracts	1 July 2014 - 30 June 2015	4 August 2015
Myl Senthilvasan	Engineering Coordinator Policy & Projects	1 July 2014 - 30 June 2015	5 August 2015
Fred Shockair	Senior Engineer - Major Developments	1 July 2014 - 30 June 2015	21 September 2015
Therrie Silvello	Recreation Officer	1 July 2014 - 30 June 2015	4 August 2015
Gurvinder Singh	Senior Environmental Planner DA - Team Leader	1 July 2014 - 30 June 2015	11 September 2015
Indar Singh	Environmental Health & Building Surveyor	1 July 2014 - 30 June 2015	1 September 2015
Walter Sinnadurai	Transportation Planner	1 July 2014 - 30 June 2015	17 August 2015
Kate Smith	Senior Environmental Planner	1 July 2014 - 30 June 2015	10 August 2015
Jessie Soster	Senior Environmental Compliance Officer	1 July 2014 - 30 June 2015	8 September 2015
Carl Spears	Principal Communications Officer	1 July 2014 - 30 June 2015	11 September 2015
Craig Squires	Supervisor Fire Safety	1 July 2014 - 30 June 2015	28 September 2015
Gowry Sriskandagowrythasan	Civil Operations Engineer	1 July 2014 - 30 June 2015	28 September 2015
Colin Stevenson	Library Services Manager	1 July 2014 - 30 June 2015	16 September 2015
Joan Suckling	Resources Librarian	1 July 2014 - 30 June 2015	23 September 2015
Ratnam Thilliyar	Engineering Stormwater Supervisor	1 July 2014 - 30 June 2015	28 September 2015
Laurie Tillot	Environmental Health & Building Surveyor	1 July 2014 - 30 June 2015	10 August 2015
Wayne Trew	Project Coordinator Development Contributions	1 July 2014 - 30 June 2015	1 September 2015
Virginia Tuckerman	Recreation Coordinator	1 July 2014 - 30 June 2015	30 September 2015
Joe Vecchio	Compliance Officer	1 July 2014 - 30 June 2015	7 August 2015
Joe Vocisano	Ranger - Parking	1 July 2014 - 30 June 2015	11 August 2015
Drago Vrh	Environmental Health & Building Surveyor	1 July 2014 - 30 June 2015	5 August 2015
Beth Wade-Ferrell	Companion Animals Officer	1 July 2014 - 30 June 2015	4 August 2015
Erich Weller	Community and Cultural Development Manager	1 July 2014 - 30 June 2015	19 August 2015
Adam Wilkinson	Engineering Services Manager	1 July 2014 - 30 June 2015	6 August 2015
Gordon Williams	Environmental Planner DA	1 July 2014 - 30 June 2015	4 September 2015
Sid Wilson	Building Asset Coordinator	1 July 2014 - 30 June 2015	30 September 2015
Therese Winn	Casual Environmental Health Officer	1 July 2014 - 30 June 2015	28 September 2015
Colin Wood	Building Compliance Coordinator	1 July 2014 - 30 June 2015	1 September 2015
Peter Wood	Development Assessment Coordinator	1 July 2014 - 30 June 2015	5 August 2015
Allegra Zakis	Corporate Development Coordinator	1 July 2014 - 30 June 2015	5 August 2015

The following Section 449 (1) first returns have been lodged:

Name	Position Title	Due Date	Date lodged
Clare Aslanis	Environmental Planner	30 September 2015	10 September 2015
Kate Bradshaw	Contamination Management Officer	30 September 2015	31 August 2015
Lyndsey Cannell	Environmental Health Officer	30 September 2015	19 August 2015
Joel Carson	Senior Planner	30 September 2015	10 August 2015
Luke Caruana	Trainee Environmental Health and Building Surveyor	30 September 2015	6 August 2015
Amanda Collins	Children’s Services Development Officer	30 September 2015	7 August 2015
Colin Cordrey	Property Portfolio Coordinator	30 September 2015	29 September 2015
James Creer	Waste Education Officer	30 September 2015	6 August 2015
Gannon Cuneo	Graduate Environmental Planner	30 September 2015	6 August 2015
Daniel Davidson	Senior Traffic Engineer	30 September 2015	30 September 2015
Sandy Davies	Workforce & Workplace Manager	30 September 2015	23 September 2015
Brad Dekruif	Development Engineer	30 September 2015	23 September 2015
Nicole Dukinfield	Senior Planner	30 September 2015	4 August 2015
Donna Finn	Contamination Management Officer	30 September 2015	3 August 2015
Hannah Gilvear	Trainee Environmental Planner	30 September 2015	18 August 2015
Bill Hilder	Depot and Fleet Co-ordinator	30 September 2015	6 August 2015
Belinda Hobbs	Contamination Management Officer	30 September 2015	3 August 2015
Donita Hulme	Cultural Engagement Officer	30 September 2015	23 September 2015
Joshua Johnson	Planning Assistant	30 September 2015	12 August 2015
Louise Keighran	Property Projects Coordinator	30 September 2015	30 July 2015
Lila Kennelly	Community Engagement Officer	30 September 2015	20 August 2015
Natasha Lee	Children’s Services Co-ordinator	30 September 2015	5 August 2015
Lawrence Ligato	Trainee Environmental Health and Building Surveyor	30 September 2015	11 August 2015
Grant Matthews	Animal Services Officer	30 September 2015	31 July 2015
Mladen Mejakic	Project Officer Capital Works	30 September 2015	5 August 2015
Michael Middleton	Team Leader (Health)	30 September 2015	28 September 2015
David Monsiegneur	Parking Officer	30 September 2015	23 September 2015
Justin Murphy	Waste Education Officer	30 September 2015	31 July 2015
Mitchell Nobbs	Trainee Environmental Health Officer	30 September 2015	21 September 2015
Carmel O’Farrell	Children’s Services Co-ordinator	30 September 2015	23 September 2015
Matthew Rawson	Environmental Planner	30 September 2015	12 August 2015
Joshua Romeo	Waste Education Officer	30 September 2015	12 August 2015
Damien Saaghy	Environmental Health and Building Surveyor	30 September 2015	17 September 2015
Amy Schembri	Trainee Environmental Health Officer	30 September 2015	11 August 2015
Holly Tallon	Human Resource Officer	30 September 2015	31 July 2015
Lauren Van Etten	Environmental Planner	30 September 2015	18 August 2015
Lisa Wells	Environmental Health Officer	30 September 2015	28 September 2015
Lisa Wright	Children’s Services Co-ordinator	30 September 2015	28 September 2015

There were three pecuniary interest returns which were not completed by the due date of 30 September 2015 (table below), of those, the first one in the table was from a staff member who was not at work between the time the returns were issued for completion and the due date, due to annual leave. All three returns which were not completed by the due date have now been received prior to this meeting tonight.

Name	Position Title	Return Period	Date Lodged
Antanas Zukauskas	Assistant Works Coordinator	1 July 2014 - 30 June 2015	7 October 2015
Chris Moulang	Property Development Manager	1 July 2014 - 30 June 2015	6 October 2015
Deone White	Children’s Services Co-ordinator	1 July 2014 - 30 June 2015	21 October 2015

With the exception of the three pecuniary interest returns discussed above, the returns were completed and lodged prior to the due date for the receipt of the returns and are kept in a register held by the Acting Senior Governance Officer. The Acting Senior Governance Officer will table the returns at tonight’s meeting.

The then Department of Local Government issued Pecuniary Interest Guidelines in June 2006. Section 112 of the Guidelines states:-“Where an apparent or possible breach of the pecuniary interest provisions by a Councillor, committee member, adviser or designated person comes to the General Manager’s attention, the General Manager should review all the relevant information. If, having done so, the General Manager considers the information shows evidence consistent with a breach, he or she should notify the Department of Local Government and forward relevant material and a short statement of relevant circumstances”.

Contact has been previously made with Office of Local Government to seek advice regarding the failure of employees to lodge their pecuniary interest returns on time. The advice received back indicated that Office should be advised of the alleged breaches.

RECOMMENDATION

That:

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

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

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

Company	Company Location	Directors
Beasy Pty Ltd	16 Orchardleigh Street Yennora NSW 2161 Australia	Bret Baker
Brefni Excavation & Earth Moving Pty Ltd	PO Box 8 The Oaks NSW 2570 Australia	Thomas Brady
Budget Demolition & Excavation Pty Ltd	3 Deniehy Street Granville NSW 2142 Australia	Samaan Habib
Enviropacific Services Pty Ltd	16/390 Eastern Valley Way Roseville NSW 2069 Australia	Cameron McLean Matt Fenson John Mingay

Company	Tendered Price	Company Location	Directors
Josa Constructions Pty Ltd	$1,100,000.00	Unit 1/37 York Rd, South Penrith NSW 2750	Thelma Apokis
Landscape Solutions Pty Ltd	$1, 295,882.43	16 Distribution Pl, Seven Hills NSW 2147	Tim Buckle
JK Williams Contracting Pty Ltd	$1,353,601.85	44 Jack Williams Dr, Penrith NSW 2750	Leigh Hartog
Ford Civil Contracting Pty Ltd	$1,386,667.20	9 Hattersley St, Arncliffe NSW 2205	Stuart Ford & Susan Ford
Glascott Landscape & Civil Pty Ltd	$1,436,220.15	4/15-17 Chaplin Drive, Lane Cove NSW 2066	Matthew Glascott & Matthew Bourke
Hi Quality Group Pty Ltd	$1,466,217.82	Crn Elizabeth Dr & Mamre Rd, Kemps Creek NSW 2178	Patrick Hallinan
Hargraves Pty Ltd	$1,529,806.40	5/802 Pacific Hwy, Gordon NSW 2081	Ben Hargraves
Design Landscapes Pty Ltd	$1,552,213.00	586 Willoughby Rd, Willoughby NSW 2068	Michael Platt
Regal Innovations Pty Ltd	$1,609,758.99	249 Annangrove Rd, Annangrove NSW 2156	Robert Stanton
North Shore Paving Co. Pty Ltd	$1,618,460.40	16 Moore Av, Lindfield West NSW 2070	Ivan K. Tarjan & Ivan S.G. Tarjan
Structus Pty Ltd	$2,139,984.00	01/6A Glen St, Milsons Point NSW 2061	Dennis O’Regan
Alpal Builders Pty Ltd	$2,227,150.75	PO Box 710, Springwood NSW 2780	David Crum
M & M Prpic Pty Ltd	$2,549,826.00	42 Box Rd, Casula NSW 2170	Miles Prpic, Mariana Prpic & Anita Serrano

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

Reserve Name	Address
Group 1 = Proposed for full disposal