Council_Mark_POS_RGB

24 February 2016

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 29 February 2016 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 8 February 2016.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Policy Review Committee Meeting - 15 February 2016.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 29 February 2016

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

Assistant General Manager Craig Butler


Acting Assistant General Manager Vicki O’Kelly

General Manager
Alan Stoneham
Her Worship the Mayor Councillor Karen  McKeown


Acting Senior Governance Officer Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

South Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Ben Goldfinch

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Maurice Girotto

East Ward

Clr Jackie Greenow OAM

East Ward

 

Clr Michelle Tormey

North Ward

 

Clr Ross Fowler OAM

North Ward

 

Clr John Thain

North Ward

 

Clr Greg Davies

East Ward

 

Clr Prue Car MP

ManagersEast Ward

 

 

Executive Managers


 


Council_Mark_POS_RGB2016 MEETING CALENDAR

January 2016 - December 2016

(Adopted by Council -  23 November 2015)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

8

 

 

 

 

 

 

 

5

 

 

 

19

(7.00pm)

 

29@

21

18v

23#

27*

25

22@

26^ü

(7.00pm)

24

28#+

 

Policy Review Committee

7.00pm

 

15

14

11

9

20

11

8

 

10

14

12

 

 

 

 

 

 

 

 

 

 

 

 

 

 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 2015-2016 Annual Statements are presented

 

Meeting at which any comments on the 2015-2016 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

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

Should you wish to address Council, please contact the Acting Senior Governance Officer, Adam Beggs.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 8 FEBRUARY 2016 AT 7:30PM

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, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car MP, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE        

1  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that Leave of Absence be granted to Councillor Jim Aitken OAM for the period 27 January 2016 to 16 February 2016 inclusive; and Councillor Tricia  Hitchen for the period 1 February 2016 to 28 February 2016 inclusive.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 14 December 2015

2  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 14 December 2015 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Proposed Easement for Rising Main within Mulgoa Park, Lots 1, 2, 3 and 4 DP 2721 and Lots 3, 4, 5, 6 and 7 DP 2121 Mulgoa Road, Mulgoa as he is a resident of Mulgoa.

 

Councillor Prue Car MP declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Development Application 14/1429 Subdivision of one (1) allotment into five (5) allotments for the future regional park, central precinct and residue lots at (No.1208-1274) The Northern Road, Llandilo Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd as she is currently purchasing land in Jordan Springs.

 

Procedural Motion

3  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM that the Mayoral Minutes be brought forward for consideration before suspension of standing orders to allow for members of the public to address the meeting.

 

Mayoral Minutes

 

1        Locals recognised in 2016 Australia Day Awards

Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jackie Greenow OAM, Greg Davies, John Thain, Prue Car MP and Marcus Cornish spoke in support of the Mayoral Minute.         

4  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Locals recognised in 2016 Australia Day Awards be received.

 

2        Community Panel delivers recommendations

Councillor Mark Davies left the meeting, the time being 8:07pm.

Councillor Mark Davies returned to the meeting, the time being 8:09pm.

Deputy Mayor, Councillor Ross Fowler OAM and Councillors Marcus Cornish, John Thain, Kevin Crameri OAM, Ben Goldfinch, Greg Davies, Maurice Girotto and Michelle Tormey spoke in support of the Mayoral Minute.                                                                                                 

5  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM hat the Mayoral Minute on Community Panel delivers recommendations be received.

 

SUSPENSION OF STANDING ORDERS

6  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 8:12pm.

 

Ms Georgina Inwood

 

Item 9 – Penrith City Community Panel

 

Ms Inwood, Program Manager for the newDemocracy Foundation, spoke in support of the recommendation and detailed the process of operating the Penrith Community  Panel and the outcomes it has delivered for Council.  Ms Inwood described how the Panel was selected, the question the Panel was asked to respond to, how the meeting operated (including the role of newDemocracy), and how the Panel was supported through provision of community submissions and detailed Council information.

 

Mr James Irwin  and Ms Katherine Hardacre

 

Item 9 – Penrith City Community Panel

 

Mr Irwin and Ms Hardacre, members of the Penrith City Community Panel, spoke jointly in support of the recommendation.  Mr Irwin and Ms Hardacre outlined their experience of being part of the Panel.  They went on to describe the way the Panel members worked together to consider and assess the question they were asked (and the information they were provided).  In addition, they outlined the high level of the criteria and principles the Panel decided should be applied to Council’s infrastructure services as well as a high level overview of the key themes/directions covered in the recommendations made by the Panel.

 

Her Worship the Mayor, Councillor Karen McKeown then presented the panel members with Certificates of Appreciation.

 

RESUMPTION OF STANDING ORDERS

7  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that Standing Orders be resumed, the time being 8:43pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:43pm.

 

Procedural Motion

8  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that Item 9 – Penrith City Community Panel be considered before all other items of business on the agenda.

  

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 2 December 2015                                                                                  

9  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 2 December, 2015 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 9 December 2015

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:46pm.                      

10  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 December, 2015 be adopted.

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 1 February 2016                                                                                                                    

11  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 February, 2016 be adopted.

 

 


 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

9        Penrith City Community Panel                                                                                        

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

That:

1.    The information contained in the report on Penrith City Community Panel be received.

2.    The Community Panel report – ‘The City We Want’ is made available on Council’s website.

3.     Council thank the panel members for their participation in the Penrith City Community Panel.

 

 

Outcome 2 - We plan for our future growth

 

1        Development Application 14/1429 Subdivision of one (1) allotment into five (5) allotments for the future regional park, central precinct and residue lots at (No.1208-1274) The Northern Road, Llandilo Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd                                                           

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

That:

1.    The information contained in the report on Development Application 14/1429 Subdivision of one (1) allotment into five (5) allotments for the future regional park, central precinct and residue lots at (No.1208-1274) The Northern Road, Llandilo be received.

2.    Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be approved subject to the following conditions:

       Standard Conditions:

2.1       A001           Approved Plans

            M008          Linen Plan

            Q008          Subdivision Certificate

            K101           Works at no cost to Council

            K514           Subdivision Compliance Documentation

Special Conditions

            K Special    The applicant is to grant drainage easements in favour of                        Penrith City Council over the existing and proposed                                         drainage infrastructure that services Villages 3C1, 3C2                                  and 3C3. The granting of the drainage easements is on                               the basis that no claim for compensation will be made                                       and that the applicant will meet all associated survey and                                  legal costs.

            K special    The applicant is to grant an easement over the proposed                         rising main serving Village 6 in accordance with the                                         requirements of Sydney Water. The granting of the                                               easement is on the basis that no claim for compensation                                      will be made and that the applicant will meet all                                        associated survey and legal costs. 

3.    Those making submissions be advised of Council’s decision.

 

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

For

Against

 

Councillor Prue Car MP

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

2        Proposed Easement for Rising Main within Mulgoa Park, Lots 1, 2, 3 and 4 DP 2721 and Lots 3, 4, 5, 6 and 7 DP 2121 Mulgoa Road, Mulgoa                                              

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

That:

1.    The information contained in the report on the Proposed Easement for Rising Main within Mulgoa Park, Lots 1, 2, 3 and 4 DP 2721 and Lots 3, 4, 5, 6 and 7 DP 2121 Mulgoa Road, Mulgoa be received.

2.    Council grant an easement for a rising main over Council properties being Lots 1 – 4 DP2721 and Lots 3-7 Section A DP2121 to the benefit of 1/1035490 in accordance with the details outlined in this report.

 

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

 

 

Outcome 4 - We have safe, vibrant places

 

3        Urban Development Institute of Australia National Congress 2016                           

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

That:

1.    The information contained in the report on Urban Development Institute of Australia National Congress 2016 be received.

2.    Councillors Jim Aitken OAM, Bernard Bratusa and Greg Davies be nominated as Council’s delegates to attend the Urban Development Institute of Australia National Congress 2016 to be held in Adelaide from 8-10 March 2016 and grant leave of absence as appropriate.

 

4        Tender Reference RFT 15/16-11 Public Domain Cleaning Services                           

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

That:

1.    The information contained in the report on Tender Reference RFT 15/16-11 Public Domain Cleaning Services be received.

2.    A contract for a period of three (3) years with an option to extend for a further two (2) x one (1) year periods, with the provision for rise and fall, subject to satisfactory performance be awarded to Millennium Hi Tech Group Pty Ltd for the annual cost of $314,200 for the provision of Public Domain Cleaning Services within the Penrith and St Marys City Centres.

 

5        20 Million Trees Grant Acceptance                                                                                 

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

That:

1.    The information contained in the report on 20 Million Trees Grant Acceptance be received.

2.    Council accept the offer of grant funding to the value of $605,000 (GST inc.) and execute the funding deed of agreement between the Council and the Greater Sydney Local Land Services.

3.    Council write to the Federal Government thanking them for the opportunity to access important environmental funding to assist with improving Penrith’s environment.

 

6        Naming of Park on Lord Sheffield Circuit, Penrith                                                       

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

That:

1.    The information contained in the report on Naming of Park on Lord Sheffield Circuit, Penrith be received.

2.    Council endorse the naming of the reserve on Lord Sheffield Circuit, Penrith as ‘Ron Mulock Oval’ and make application to the Geographical Names Board for the official gazetting.

3.    Following gazettal, an official naming ceremony be held at the oval.

 

7        2014/2015 Annual Report - Hawkesbury River County Council

Councillor Greg Davies left the meeting, the time being 9:19pm.

Councillor Mark Davies left the meeting, the time being 9:24pm.

Councillor Greg Davies returned to the meeting, the time being 9:24pm.

Councillor Mark Davies returned to the meeting, the time being 9:27pm.                                   

19  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the information contained in the report on 2014/2015 Annual Report - Hawkesbury River County Council be received.

 

 

Outcome 7 - We have confidence in our Council

 

8        2016 Australian Local Government Women's Association NSW Annual State Conference

Councillor Maurice Girotto left the meeting, the time being 9:28pm.                                           

20  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on 2016 Australian Local Government Women's Association NSW Annual State Conference be received.

2.    Councillors Tricia Hitchen, Jackie Greenow OAM, Michelle Tormey and Her Worship the Mayor, Councillor Karen McKeown, and any other interested and available Councillors be nominated as Council’s delegates to attend ALGWA’s NSW Annual State Conference, to be held in Gunnedah from Thursday 10 March to Saturday   12 March 2016.

 

10      Special Rate Variation Proposal - Planning for the Future

Councillor Maurice Girotto returned to the meeting, the time being 9:31pm.                              

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

That:

1.    The information contained in the report on Special Rate Variation Proposal - Planning for the Future be received.

2.    The Council endorse the submission of an application to IPART for a Special Rate Variation as outlined in this report including an increase to the Minimum Rate.

3.    Council adopt the updated Resource Strategy tabled at tonight’s meeting.

 

11      Summary of Investments and Banking for the period 1 December 2015 to 31 December 2015

Councillors Jackie Greenow OAM and John Thain left the meeting, the time being 9:58pm.    

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

That:

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

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

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

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

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Status of Psyllid Infestations on trees in Penrith LGA  

Councillor Michelle Tormey requested a memo reply to all Councillors providing an update on the status of psyllid infestations on the impacted trees in Penrith Local Government Area, including any academic information if available.

 

Councillor Michelle Tormey left the meeting, the time being 9:59pm.

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:59pm.

 

RR 2           Stony Creek Road, Shanes Park

Councillor Kevin Crameri OAM requested a memo reply to all Councillors providing information on how many days Stony Creek Road was open compared to days it was closed in January 2016, and referred to a report he has previously requested on this matter regarding the costing of an upgrade to the road.

 

Councillor Mark Davies left the meeting at 10:00pm and did not return.

 

RR 3           Potholes - Second Road, Berkshire Park     

Councillor Kevin Crameri OAM requested a memo reply to all Councillors on patching and pothole repairs that need to be carried out to Second Road, Berkshire Park.

 

Councillor John Thain returned to the meeting, the time being 10:01pm.

 

Councillor Michelle Tormey returned to the meeting, the time being 10:02pm.

 

RR 4           Temporary Fencing installed by Lendlease - Ninth Avenue, Llandilo      

Councillor Kevin Crameri OAM requested a memo reply to all Councillors providing an update on the current location of the pocket park in this area as the temporary fencing installed by Lendlease on Ninth Avenue, Llandilo has now been extended.

 

RR 5           Andromeda Drive and The Northern Road, Cranebrook        

Councillor Kevin Crameri OAM has requested a memo reply to all Councillors advising if the slip lane at this location was the cause of a fatal accident today and providing information as to the possibility of a roundabout being provided at this location.

 


 

 

UB 1           Graffiti removal at St Stephens Church, Penrith  

Councillor Ben Goldfinch requested that an amount of $1,000 be allocated from South Ward voted works to assist St Stephens Church, Penrith to have graffiti removed from the Church.

23  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with 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.

 

24  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown that an amount of $1,000 be allocated from South Ward voted works to assist St Stephens Church, Penrith to have graffiti removed from the Church.

 

RR 6           Trees on Great Western Highway between Melrose Hall and          Lennox Centre, Emu Plains    

Councillor Marcus Cornish requested a report to Council regarding the safety of the trees on the Great Western Highway between Melrose Hall and Lennox Centre, Emu Plains, taking into account the canopy height and that the area is a floodway, and in addition repairs that are urgently needed to be carried out to the path in the park.

 

RR 7           WSROC Membership

Councillor Marcus Cornish requested that the matter of Penrith City Council’s future membership of WSROC be considered at a future Councillor Briefing, with the briefing report to include any extra cost burden that Penrith City Council may sustain if other Councils discontinue their WSROC membership.

 

RR 8           Overgrown vegetation - Corner Derby Street and The Northern Road, Penrith & Replacement of Street Sign - Pyramid and Russell Streets, Emu Plains      

Councillor Marcus Cornish requested a memo reply to all Councillors concerning the clearing of overgrown vegetation from in front of the Derby Street sign on the corner of The Northern Road as well as replacing the street name sign on the corner of Pyramid and Russell Streets, Emu Plains.

 

RR 9           Dogs off Leash in Parks in Werrington County    

Councillor Marcus Cornish requested a memo reply to all Councillors concerning the enforcement of dogs being on a leash in parks in Werrington County.

 

Councillor Marcus Cornish left the meeting, the time being 10:17pm.


Councillor Maurice Girotto left them meeting, the time being 10:17pm.

 

RR 10         Potholes - Tanbark Circuit and Greenbank Drive, Werrington Downs    

Councillor John Thain requested a memo reply to all Councillors concerning inspection of Tanbark Circuit and Greenbank Drive, Werrington Downs for potholes and breaking road surfaces.

 

Councillor Bernard Bratusa left the meeting at 10:18pm and did not return.

 

Committee of the Whole

 

25 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:18pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 10:19pm.

 

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

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

 

Outcome 7

 

2        Creation of a new Entity                                                                                                   

 

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 1

 

3        Property Matter - 154 Henry Street, Penrith (Welsh Place Carpark)                           

 

This item has been referred to Committee of the Whole as the report refers to matters affecting the security of the Council, Councillors, Council staff or Council property and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 10:33pm and the General Manager reported that the Committee of the Whole met at 10:18pm on 8 February 2016, the following being present

 

Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Prue Car MP, Kevin Crameri OAM, Marcus Cornish, Greg Davies,  Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, 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        Creation of a new Entity                                                                                                   

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

CW2 That:

1.    The information contained in the report on Creation of a new Entity be received.

2.    Council support the creation of a new entity to pursue opportunities associated with the Digital Economy Strategy.

 

 

 

 

3        Property Matter - 154 Henry Street, Penrith (Welsh Place Carpark)                           

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Michelle Tormey

CW3 That:

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

2.    Council agree to the revision of the commercial terms as outlined within this report, subject to receiving a formal offer.

3.    Council Officers prepare a Planning Proposal for the reclassification of the subject land for Council’s consideration.

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

 

 

ADOPTION OF Committee of the Whole

 

26  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Prue Car MP that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

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

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        The Passing of Jim Levadetes                                                                                           1

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

Mayoral Minute

The Passing of Jim Levadetes

           

 

Penrith developer and businessman Dimitrios (Jim) Levadetes passed away on 7 February after a tragic motor vehicle accident.

 

Born in Greece in 1940, Mr Levadetes came to Australia in 1960 and worked as a labourer laying pipes during the week and spent weekends behind the counter of his brother’s takeaway, Con’s Café in High Street Penrith. In 1967 he married Melina and bought into the takeaway shop and further established his connection with Penrith.

 

In 1969 he established Levadetes Property Group and built his first factory unit complex in Phillip Street Kingswood – one of the first in the area. He later developed more factory units around Jamisontown including Mulgoa Road and Abel Street. Mr Levadetes was known as a very humble man who never sought the limelight but his vision provided the opportunity for many locals to start their own small businesses in the Penrith area. Jim always liked to help people who were willing to work hard.

 

He and his family attended the Greek Orthodox Church of St Demtrios in St Marys and Jim did a lot of work for the community through his parish. He contributed to the establishment of the church as a loan guarantor and also in the construction of the church itself.

 

Jim saw opportunities in Penrith before many others and his shrewd investments changed the landscape of the City.

 

He is survived by his wife Melina (Litsa), children John, Helen and Cyia, daughter-in-law Helen and son-in-law Bill and grandchildren Dimitri, Peter, Ioanni and Dimitri and our condolences are with them at this sad time.

 

Councillor Karen McKeown

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on The Passing of Jim Levadetes be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 15 February 2016                                                                                                                    1

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 15 February, 2016

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia  Hitchen for the period 1 February 2016 to 28 February 2016 inclusive.

APOLOGIES

An apology was received for Councillor Prue Car MP.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 30 November 2015

The minutes of the Policy Review Committee Meeting of 30 November 2015 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Our River - Regatta Park Plan of Management

Design and Projects Manager, Michael Jackson introduced the report and made a presentation.

RECOMMENDED

That:

1.    The information contained in the report on Our River - Regatta Park Plan of Management be received

2.    The Our River Draft Regatta Park Plan of Management be endorsed for Public Exhibition.

 


 

 

2        Compliance and Enforcement Policy and Guidelines

Executive Manager – Environment and City Development, Wayne Mitchell introduced the report and invited Environmental Health Coordinator, Anthony Price to give a presentation.     

RECOMMENDED

That:

1.    The information contained in the report on Compliance and Enforcement Policy and Guidelines be received.

2.    Council adopt the attached Compliance and Enforcement Policy.

 

 

3        Review of the Penrith City Council Public Spaces CCTV Program Code of Practice                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Review of the Penrith City Council Public Spaces CCTV Program Code of Practice be received.

2.    Council support the amendments to the Penrith City Council Public Spaces CCTV Program Code of Practice and support the exhibition for public comment.

 

 

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

 

4        Keeping of Animals Local Orders Policy                                                                       

RECOMMENDED

That:

1.    The information contained in the report on Keeping of Animals Local Orders Policy be received.

2.    Council adopt the Keeping of Animals Local Orders Policy.

 

Outcome 7 - We have confidence in our Council

 

5        Draft Policy on Unsolicited Requests to Purchase Council Owned Land                 

RECOMMENDED

That:

1.    The information contained in the report on Draft Policy on Unsolicited Requests to Purchase Council Owned Land be received.

2.    The report be deferred for further consideration to develop an improved communication mechanism for engaging with Councillors.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Intersection Andromeda Drive and the Northern Road, Cranebrook      

Councillor Kevin Crameri OAM requested that the possibility of placing a roundabout at the intersection of Andromeda Drive and Northern Road, Cranebrook as well as lowering the speed limit to 60kph between Andromeda Drive and Borrowdale Way, Cranebrook be referred to the Local Traffic Committee for consideration; and that Council oppose the installation of Stop Signs at the intersection of Andromeda Drive and Northern Road, Cranebrook.

 

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

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 February, 2016 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        International Relations Program 2016                                                                                1

 

2        Children's Services Department - Funding from the NSW Government                          4

 

 

Outcome 2 - We plan for our future growth

 

3        Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook    Applicant: Anton Pincevic C/- Macro Plan Dimasi;  Owner: ~Anton Pincevic

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  9

 

4        Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon Applicant: Jenette Camera;  Owner: ~Jenette Camera

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                41

 

5        Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry Applicant: Alison Anderson & Justin Appleby;  Owner: ~Alison Anderson & Justin Appleby

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                50

 

 

 

Outcome 4 - We have safe, vibrant places

 

6        Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve                                                                                                                            65

 

7        Potential Upgrade of Three Reserves in Erskine Park                                                    69

 

 

Outcome 5 - We care about our environment

 

8        Naming of Wetland and Bushland Restoration Area in Cranebrook                               75

 

9        Fire and Rescue NSW Fire Safety Report                                                                      80

 

10      Participation in the One Tree Per Child Program                                                            82

 

 

 

Outcome 7 - We have confidence in our Council

 

11      Organisational Performance Report - December 2015                                                   89

 

12      Audit Committee                                                                                                               95

 

13      Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015                                              98

 

14      Nepean District Tennis Association                                                                                101

 

15      Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016 104

 

 

 

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        International Relations Program 2016                                                                                1

 

2        Children's Services Department - Funding from the NSW Government                          4

 

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

 

 

1

International Relations Program 2016   

 

Compiled by:               Colin Dickson, Marketing & Events Co-ordinator

Authorised by:            Barbara Magee, Manager - Corporate Communications, Marketing and Customer Service  

 

Outcome

We can work close to home

Strategy

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

Service Activity

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

      

 

Executive Summary

 

This report advises that Council has received invitations to visit our international partners in China and Korea in 2016. The invitations present an opportunity to build on the contemporary strategic approach to achieve economic outcomes for Penrith City particularly across China and Korea.

 

The Trade and Investment Commissioner for North China (through NSW Department of Premier and Cabinet) has been instrumental in providing advice regarding engagement with our Chinese partners.

 

Recent discussions with the Chinese Consulate in Sydney have also identified opportunities to leverage economic advantage in China. Discussions with the Sydney Office of the Consulate General of the Republic of Korea have also confirmed similar potential.

 

The close proximity to Japan provides an opportunity to also visit Fujieda and Hakusan who both supported Penrith during Council’s Bicentenary celebrations by visiting in 2015.

 

It is recommended that the Mayor and Deputy Mayor accept the invitations for late April/early May this year. Major educational institutions - Western Sydney University and Western Sydney Institute of TAFE along with Nepean Blue Mountains Local Health District have also been given the opportunity to participate in the delegation.

 

Current Situation

China

China is NSW’s largest trading partner with potential for significant growth in trade over the next decade, particularly with the signing of the China-Australia Free Trade Agreement.

 

Penrith has long standing and well established international partners in Xicheng District (Beijing) and Kunshan (Jiangsu Province of China).  Both have become major international players with booming economies.

 

The proposed visit presents access to the lucrative Chinese market and the formation of a strategy for mutual economic advantage particularly in the health, education and tourism sectors.

 

Current interest from Chinese investors in Penrith includes the proposed Sydney Science Park at Luddenham and the purchase of the Parkview site in the Penrith CBD.

 

A delegation from the Mentougou District of Beijing visited last year and were particularly keen to explore development and tourism opportunities in Penrith. Whilst in China it would be advantageous to progress this interest, particularly in light of recent investment in Twin Creeks at Luddenham whose owners have a strong connection with Mentougou.

 

Meetings with the developers of the Parkview site and representatives of Poly (Australia) Real Estate Development Pty Ltd (recent purchasers of Council land in Werrington and one of the largest real estate companies in China) are planned to continue discussions on future opportunities.

 

The Chinese Consulate has recommended a series of round table discussions in China.

The discussions would gather a select group of relevant Chinese contacts to give them a greater understanding of the opportunities available in Penrith including:

 

·    Health and education

·    The benefits of Penrith as an investment destination

·    Inbound Chinese tourism to Penrith (Penrith has two export ready tourism attractions)

 

The Trade and Investment Commissioner for North China (NSW Department of Premier and Cabinet) will assist in facilitating these discussions and in particular the participation of relevant Chinese business contacts.

 

Representatives from our education and health sectors (Western Sydney University, Western Sydney Institute of TAFE and Nepean Blue Mountains Local Health District) have expressed interest in participating in the proposed visit or providing information for the discussions.

 

With recent changes in responsibility for economic development in Penrith and the successful marketing of The New West, it would be valuable for Council to strengthen links with both Xicheng and Kunshan.

 

Our relationships with Xicheng and Kunshan also include cultural exchanges, two very successful corporate governance programs, long term staff secondments of senior government officials, a Memorandum of Understanding (MoU) between hospitals, successful student internship programs to China and MoU’s with both city’s Chambers of Commerce plus a number of visits exploring health and education systems in Australia.

 

Korea

Penrith has a mutual co-operation agreement with international partner Gangseo-gu, South Korea, signed in December 1994. South Korea is already Australia’s third largest trading market and this is set to grow in coming decades with the Korea Australia Free Trade Agreement (KAFTA).

 

Proposed discussions with Gangseo-gu officials and relevant business contacts would also include opportunities in the health, education and tourism sectors as well as establishing a Memorandum of Understanding (MoU) with their main library and the Penrith Central Library. The MoU will facilitate resource sharing, information sharing, exchange of books and the potential for future on line activities and exchanges.

 

Already strong ties exist with the Gangseo-gu Chapter of the Seoul Chamber of Commerce with a MoU in place confirming a desire to explore mutually beneficial business opportunities. Also, following on from previous delegations there remains significant interest in establishing collaborations and partnerships between respective cultural facilities of both cities and it is timely to pursue these.

 

The Sydney Office of the Consulate General of the Republic of Korea is providing Council with ongoing assistance in facilitating round table discussions with relevant business and cultural contacts in Gangseo-gu.

 

The Consulate General has suggested that the location of Gimpo Incheon airport in the Gangseo-gu district, presents the opportunity for discussion in relation to having an airport on the outskirts of the district referencing the proposed Western Sydney Airport at Badgerys Creek.

 

Japan

Penrith has longstanding relationships with two cities in Japan, one of these goes back over 31 years to 1984 and the other to 1989. During this time our Sister City and Friendship agreements have broadened the range of cultural, sporting, education, economic and arts exchange programs for the benefit of our respective communities.

 

The proximity of Japan to Korea and China enables Council to accept the invitations from the Mayors of both Fujieda and Hakusan to undertake a brief visits to both cities to build upon our strong cultural relationships.

 

Conclusion

For more than 20 years our international partnerships have facilitated information exchanges, community and economic collaborations and the opportunity for a broad section of community groups and individuals in our City to be involved in unique international opportunities.

 

It is considered important for our region to promote economic opportunities, while at the same time revitalising our cultural links. The proposed program of visits will increase potential for positive community outcomes. The outlined approach will re-establish important links with our key international partners, explore new economic opportunities and deliver both city and organisational outcomes.

 

Funds are available within the Corporate Communications and Marketing budget to undertake this delegation.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on International Relations Program 2016 be received.

2.    Council endorse the attendance of the Mayor and Deputy Mayor in visiting China, Korea and Japan in April/May 2016.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           29 February 2016

 

 

 

2

Children's Services Department - Funding from the NSW Government   

 

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

Authorised by:            Janet Keegan, Children’s Services Manager  

 

Outcome

We can work close to home

Strategy

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

Service Activity

Deliver high quality children's services

      

 

Executive Summary

This report advises Councillors of the granting of funding from the State Government to Children’s Services. The funding is to support educational programs for 18 children with a disability using Council’s Children’s Services. The report recommends that the funding be received and the State Government be thanked for granting this funding.

Background

On 28 January 2016, the Minister for Early Childhood Education, The Hon Leslie Williams MP, advised Council of the granting of funding of $46,486 under the State Government’s Intervention Support Program to support educational programs for 18 children with a disability using Council’s Children’s Long Day Care Services. The funding is to provide support for children with disabilities and their families to improve their participation and educational achievement and prepare them for inclusion into early childhood programs and school.

 

This funding will be used to engage additional staff hours to enable permanent qualified staff to develop and implement educational programs to support the inclusion of children with a disability in Children’s Services sponsored by Council. The funding must be utilised during the 2016 calendar year.

 

Conclusion

Penrith City Council’s Children’s Services are well known and highly regarded for the inclusion of children with disabilities. This funding from the State Government will support the inclusion of 18 children with a disability in long day care services during 2016. Other State and Federal funding is also able to be accessed for individual children through alternative funding streams for long day care, preschool, occasional care and out of school hours services (e.g. Inclusion Support Subsidy, Preschool Disability Support Program). Council’s Children’s Services maximises all opportunities for such funding to support the inclusion of children with additional needs and disabilities.

 

The Penrith City Children’s Services Cooperative which manages Council’s long day care services on Council’s behalf will be advised of this funding at its next Board meeting on 25 February 2016.


 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Children's Services Department - Funding from the NSW Government be received.

2.    The Minister for Early Childhood Education, The Hon Leslie Williams MP, be thanked for the funding of $46,486 to support children with disabilities in Council’s long day care services for 2016.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

3        Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook  Applicant: Anton Pincevic C/- Macro Plan Dimasi;  Owner: ~Anton Pincevic

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  9

 

4        Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon Applicant: Jenette Camera;  Owner: ~Jenette Camera

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                41

 

5        Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry Applicant: Alison Anderson & Justin Appleby;  Owner: ~Alison Anderson & Justin Appleby

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                50

 

 

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

 

 

3

Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook  Applicant:  Anton Pincevic C/- Macro Plan Dimasi;  Owner:  Anton Pincevic   

 

Compiled by:               Belinda Borg, Senior Environmental Planner

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager 

Requested By:            Councillor Kevin Crameri OAM

 

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 approved demolition of existing structures and construction of service station with food premises, workshops and convenience store.

 

The site is zoned RU4 Primary Production Small Lots under the provisions of Penrith Local Environmental Plan 2010 (LEP 2010).  The approved development being a service station is prohibited in the zone under LEP 2010.  The development proposal was lodged relying upon Part 5 Existing Uses of the Environmental Planning and Assessment Regulation 2000.  The applicant now seeks a substantial increase in the floor area of the convenience store and food and drink premises, increased hours of operation of the food and drink premises to 24 hour operation, provision of a drive-thru facility for the food and drink premises, increased bowser numbers to 14, reduction in the size of the workshop and removal of truck parking spaces.

 

The application was advertised, notified and exhibited from 12 June 2015 to 26 June 2015.  No objections were received.

 

The cumulative increase in the size of the development will significantly alter the nature and operation of the development as originally approved. Therefore the modified proposal is not considered to be substantially the same and cannot be considered under Section 96(2) of the Environmental Planning and Assessment Act, 1979. The proposal also provided incremental increases in floor space which exceed the limitations of existing use rights set out in the Environmental Planning and Assessment Act, 1979.

 

Insufficient information has also been submitted regarding hazardous assessment, waste management, on-site sewerage management, noise generation, stormwater management, and crime prevention through environmental design.

 

Assessment of the proposed development has been undertaken in accordance with Sections 79C, 96 and Division 10 of the Environmental Planning and Assessment Act 1979 and the application is recommended to be refused.

 

Background

 

Council’s records show that the following approvals have been granted for the site:

 

DA17/76              redevelopment of service station

DA383/79            storage area for shop/service station

DA176/82            service station renovation

DA181/90            reconstruction of service station/convenience store

DA335/90            car repair station

DA960020           construction of a dam

DA00/1473          service station/fast food outlet

DA01/1457          ancillary motor vehicle workshop

DA05/0728          awning

DA09/731            removal and replacement of an existing underground petroleum storage        tank and associated remediation. 

DA10/1209          Demolition of Existing Structures and Construction of a Service Station

 

Development Consent Number 10/1209 has been the subject of two previously approved modifications:

 

·    DA10/1209.01 for the addition of a manager’s unit within the attic of the approved service station; and

 

·    DA10/1209.02 for additional floor space, minor internal alterations to the service station and a managers unit.

 

The applicant did not attend a pre-lodgement meeting prior to the submission of this modified application.

 

In response to issues raised during the assessment of the application, a meeting was held with Councillor Aitken, Councillor Crameri and the applicant in relation to the status of the Development Application. It was resolved that the matter would be reported to a Council Meeting following further consideration of a court case being Sgro V Greater Taree Council [2014] NSWLEC 1113. This has been undertaken and is addressed within this report.

 

Site and Surrounds

The site is located to the northwest of the intersection of Cranebrook Road and Londonderry Road (See Attachment 1).  Developments in the area are predominantly rural/residential in nature.

 

The site has a total area of 3.63 hectares.  The majority of the site is identified to be bushfire prone land.  Existing improvements on the site include a service station located in the south-eastern corner which also contains an ancillary fast food counter and a mechanical workshop.  Access to the service station is available from Cranebrook Road and Londonderry Road.  The remaining part of the site is used for market gardening and there is a dwelling house erected to the northwest of the service station.  The site is substantially cleared of vegetation.

 

 

The Proposed Development

 

The proposed modification application includes the following aspects:

 

·  Relocation and reduction in the size of the service centre (workshop);

·    Increase in the number of petrol bowsers from 10 to 14;

·  Increase in the floor area of the food premises, including the provision of additional seating, play area and party room;

·  Inclusion of a drive-thru facility as a part of the food premises;

·  Increase to the hours of operation of the food premises from Monday to Sunday 7am to 9pm (existing) to Monday to Sunday 24 hours (proposed);

·  Increase to the size of the convenience store and associated storeroom;

·  Increase to the number of parking spaces from 65 spaces to 98 spaces;

·  Minor changes to the floor area of the first floor managers residence; and

·  Removal of three on-site truck parking spaces.

 

The operating hours of the service station and mechanical workshop will remain unchanged, being:

 

·  Service Station: Monday to Sunday 24 hours

·  Mechanical Workshop: Monday to Friday 7am to 6pm.

 

The modified development will alter the number of staff working on the site. The maximum number of employees to be working on the site at any one time will be:

 

· 2 employees operating the convenience store/service station

· 8 employees operating the fast food/café

· 3 employees operating the workshop.

 

This modified application is supported by the following documents:

 

Modification Letter

MacroPlan Australia

21 May 2015

Legal Opinion (Draft)

Justin Doyle Barrister

13 February 2015

Traffic and Parking Assessment Report

Thompson Stanbury Associates

19 May 2015

Architectural Plans

CKDS Architecture

2.3.2015

 

Planning Assessment

 

The development has been assessed in accordance with the matters for consideration under Sections 79C, 96(2) and Division 10 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) – The Provisions of any Environmental Planning Instrument

 

Section 96 of the Environmental Planning and Assessment Act 1979

 

Section 96 (2) of the Environmental Planning and Assessment Act states:

 

(2)     Other modifications
A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b)     it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c)     it has notified the application 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, and

(d)     it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The following table examines the original use of the site and provides an overview of the modifications to DA10/1209, detailing the progressive modification and intensification of uses:

 

 

Existing (m2)

DA10/1209 (m2)

DA10/1209.01 (m2)

DA10/1209.02 (m2)

DA10/1209.03

(m2) (Proposed)

Site Area

4150

10,780

10,780

14,440

15000

 

 

 

 

 

 

Convenience store

122.5

447

447

448

862.5 + 320 (storeroom)

Takeaway

63

205

205

179.98

534.5 + 53 outdoor dining area

Workshop

157.25

149

149

250.65

158.5

Plant room/toilets

-

93

93

93

-

Managers Residence

70

-

342.6

 

313.5 + 60 verandah

Total Floor Area

342

894

1236.6

1314.23

2302.00

Parking Spaces Provided

0

54

56

65

98

 

The original approval established that the service station is the principal use of the site with the other components approved in conjunction with (ancillary to) the main use. The ancillary components related to the convenience store, food and drink premises and workshop.

 

The proposed modification substantially increases the size of the food and drink premises, expanding the internal seating area, proposing new extended seating and a party room, play area, drive-thru facility and 24 hour operations. The seating capacity of the food and drink premises will increase from 36 seats (under the previous modification to DA10/1209) to a seating capacity of 108 seats (72 internal seats and 36 external seats).

 

Furthermore the modification will substantially increase the size of the convenience store from 448m² to 862.5m² plus a storage area of 320m². The increased size of the convenience store and food and drinks premises is considered to alter the nature of the land use from being an ancillary use of the site (in conjunction with the service station) to reflect more of a supermarket/shop and restaurant being an additional attractor and separately defined land uses. To this extent they are considered to be separate and severable uses and not substantially the same development.

 

The size of the building and its footprint has increase, as well as a significant change to the use from that approved. In doing so, the environmental impacts, including residential amenity, noise, traffic and the like will also be increased.  Attachments 2 & 3 show the approved plans and the proposed plans respectively.

 

Division 10 of the Environmental Planning and Assessment Act 1979

 

Division 10 of the Environmental Planning and Assessment Act 1979 establishes continuance and limitations on existing use rights with Clauses 41, 42 and 50 of the Regulations further confirming requirements to be satisfied and state:

 

41 Certain development allowed (clause 39 of EP&A Regulation 1994)

 

(1)     An existing use may, subject to this Division:

(a)     be enlarged, expanded or intensified, or

(b)     be altered or extended, or

(c)     be rebuilt, or

(d)     be changed to another use, but only if that other use is a use that may be carried out with or without development consent under the Act, or

(e)     if it is a commercial use—be changed to another commercial use (including a commercial use that would otherwise be prohibited under the Act), or

(f)      if it is a light industrial use—be changed to another light industrial use or a commercial use (including a light industrial use or commercial use that would otherwise be prohibited under the Act).

 

(2)     However, an existing use must not be changed under subclause (1) (e) or (f) unless that change:

(a)     involves only alterations or additions that are minor in nature, and

(b)     does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and

(c)     does not involve the rebuilding of the premises associated with the existing use, and

(d)     does not involve a significant intensification of that existing use.

(e)     (Repealed)

 

(3)     In this clause:

commercial use means the use of a building, work or land for the purpose of office premises, business premises or retail premises (as those terms are defined in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006).

 

light industrial use means the use of a building, work or land for the purpose of light industry (within the meaning of the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006).

 

Subclauses 1(a) and (b) allow for expansion, alteration and intensification of the existing use which is what is proposed with the current application.

 

However, there is a limit on the amount of increase permitted as 1(e) applies in this instance. The development is considered to fall under the definition of a commercial premises (retail premises) and therefore a maximum 10% floor space increase is applicable. Alterations and additions should be minor in nature and not involve a significant intensification of that use.

 

As per the standard instrument, a commercial premises is defined as:

commercial premises means any of the following:

 

(a)     business premises,

(b)     office premises,

(c)     retail premises

 

A retail premises is defined as:

 

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

 

(a)     bulky goods premises,

(b)     cellar door premises,

(c)     food and drink premises,

(d)     garden centres,

(e)     hardware and building supplies,

(f)      kiosks,

(g)     landscaping material supplies,

(h)     markets,

(i)      plant nurseries,

(j)      roadside stalls,

(k)     rural supplies,

(l)      shops,

(m)    timber yards,

(n)     vehicle sales or hire premises,

 

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

 

Note.          Retail premises are a type of commercial premises—see the definition of that                term in this Dictionary.

 

While a service station (and ancillary convenience store) is not bound by this restriction, the increase in floor space of the convenience store component renders the land use as a supermarket, no longer ancillary in nature being most appropriately defined as a “shop”.  This is limited to a 10% expansion (12.25m2) and not the proposed additional 1060m2 representing an increase of 865%, noting that the permitted increase was already consumed by the original approval of DA10/1209.

 

Further, the takeaway food component doubles in size and the convenience store trebles which is not compliant with the existing use right restrictions for commercial development.

 

Therefore, subclause 2 is not satisfied and the proposal should not be supported.

 

Clause 42 also states:

 

Development consent required for enlargement, expansion and intensification of existing uses (clause 40 of EP&A Regulation 1994)

 

(1)     Development consent is required for any enlargement, expansion or intensification of an existing use.

(2)     The enlargement, expansion or intensification:

(a)     must be for the existing use and for no other use, and

(b)     must be carried out only on the land on which the existing use was carried out immediately before the relevant date.

 

A judgement in the Land and Environment Court being Steven Scully and Veronica Scully v. Leichhardt Council [1994] NSWLEC 169 also outlines key considerations in the assessment of an application reliant on existing use rights as follows:-

 

Council shall consider the facts and circumstances of the particular existing use in order to properly consider the planning and environmental implications of altering or extending an existing use rather than a narrow interpretation of Clause 41(2) by restricting any alterations or extension to the footprint of the building.

 

The proposal includes enlargement, expansion and intensification of the existing approved use, however the expansion of the proposed components is considered to alter the internal land uses which are not permitted in the zone. The proposed development is also considered to resemble a highway service centre and supermarket rather than a service station with ancillary components. The features of a small supermarket and a restaurant with associated party rooms, play area and drive-thru are considered to dominate the development on the site rather than the service station as has been approved by Council to date.

 

Therefore, the proposal is considered to be extending beyond that permitted by the Regulations and the facts and circumstances of the use are both understood and undermined by the amended proposal.

 

The amended proposal included a covering letter rather than a Statement of Environmental Effects which does not adequately address matters such as hazard assessment, acoustic assessment, waste water management, water management, crime prevention through environmental design and suitability of the built form.

 

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 (UPSS Regulation)

 

This Regulation focuses on minimising the risk of contamination of soil and ground and surface waters. 

 

The original development application included the submission of an Environmental Protection Plan and a site plan showing groundwater flow, proposed locations of groundwater monitoring wells and underground storage tanks in accordance with the Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008.

 

Council’s Senior Environmental Health Officer reviewed these documents and recommended appropriate conditions to be imposed in the original consent. The modification application does not necessitate reconsideration of this issue.

Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River (No. 2 – 1997) (SREP20)

 

The aim of the 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 original determination included a standard condition for the provision and maintenance of erosion and sediment control measures to minimise the likely impact of runoff from the site associated with works to be conducted on the site.  Subject to compliance with the recommended condition the proposal will be consistent with the objectives of the SREP20 and the strategies in relation to the strategies in relation to Total Catchment Area, Water Quality and Water Quantity. 

 

The modification application does not necessitate reconsideration of this issue.

 

State Environmental Planning Policy No 33—Hazardous and Offensive Development (SEPP33)

 

Clause 13 outlines the following matters for consideration that consent authorities must considered:

 

(a)    current circulars or guidelines published by the Department of Planning relating to hazardous or offensive development, and

(b)    whether any public authority should be consulted concerning any environmental and land use safety requirements with which the development should comply, and

(c)    in the case of development for the purpose of a potentially hazardous industry—a preliminary hazard analysis prepared by or on behalf of the applicant, and

(d)    any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application), and

(e)    any likely future use of the land surrounding the development.

 

The applicant submitted a Preliminary Hazard Analysis, prepared by Aargus dated July 2012 with the original Development Application.  The report concluded that the societal risk is negligible and the design of the proposal meets and exceeds the relevant Australian Standards. 

 

The modified application does not review this document, which is considered to be necessary due to the increase in the number of bowsers from 10 to a total of 14. It needs to be confirmed whether there is any expectation that fuel deliveries will increase and whether this has any implications for the Preliminary Hazard Analysis carried out on site, in accordance with SEPP 33.

 

Council’s Senior Environmental Health Officer reviewed the proposal and is not satisfied that the applicant has satisfactorily addressed SEPP 33.

 

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

 

According to clause 7 of SEPP 55 Council may not consent to the carrying out of any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out.

 

Clause 9 of the Policy classified the proposal as Category 1 remediation work which according to Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River requires development consent.

 

The original development application included the submission of the following documents to address contamination:

 

·  Sampling, Analytical and Quality Plan

·  Detailed Site Investigation

·  Results of soil testing

·  Gantt Chart

 

Council’s Senior Environmental Health Officer has recommended conditions that require the applicant to carry out further contamination investigations (and remediation works if required) prior to the issue of the Occupation Certificate.

 

Contamination and remediation of the site was examined and resolved at the time of the original application. The modification application does not necessitate reconsideration of this issue.

 

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

 

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

 

According to Schedule 3 of SEPP Infrastructure, a service station and drive-in take away food outlets of any size or capacity that have a frontage to a classified road are required to be referred to the Roads and Maritime Services (RMS) as traffic generating development and hence Clause 104 of the SEPP applies.

 

The original Development Application was referred to the Road and Maritime Service for comments and concurrence conditions were provided on 7 June 2011. The modified application was referred to the Roads and Maritime Service for review and comment. The Roads and Maritime Service provided the following response:

 

The application states that the access arrangement to the site remain unchanged, therefore, Roads and Maritime raise no objection to the modifications, subject to Roads and Maritime previous advice letter dated 7/7/2011 remaining applicable and valid.

 

The proposal and comments from the RMS satisfy the key considerations in SEPP Infrastructure.

 

Penrith Local Environmental Plan 2010 (LEP 2010)

 

Permissibility

The subject site is zoned RU4 Primary Production Small Lots under the provisions of LEP 2010.  The components of the proposed modification are defined as follows:


 

 

 

Service Station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a)     the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b)     the cleaning of motor vehicles,

(c)     installation of accessories,

(d)      inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e)     the ancillary retail selling or hiring of general merchandise or services or both.”

 

Retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

(a)      bulky goods premises,

(b)      cellar door premises,

(c)      food and drink premises,

(d)      garden centres,

(e)      hardware and building supplies,

(f)       kiosks,

(g)      landscaping material supplies,

(h)      markets,

(i)       plant nurseries,

(j)       roadside stalls,

(k)      rural supplies,

(l)       shops,

(m)     timber yards,

(n)      vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

 

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a)      a restaurant or cafe,

(b)      take away food and drink premises,

(c)      a pub,

(d)      a small bar.

Note. Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

 

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

 

take away food and drink premises means food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

 

(a)  a restaurant or cafe,

 

(b)  take away food and drink premises,

 

(c)  a pub,

 

(d)  a small bar.

 

Note. Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

 

 

 

A typical convenience store within a service station is not a separately defined land use, where the convenience store provides for the ancillary sale of general merchandise.  Where a convenience store is no longer deemed to be ancillary and is an attractor in its own right, the land use is more appropriately defined as a retail premise, being a shop.

 

Service stations, food and drink premises, retail premises and restaurants are prohibited in the zone.  As stated earlier in the report the proposal relies on existing use rights.

 

Zone Objectives

 

The proposed further expansion of the development will result in a bulk and scale of the building and the nature of the operations that are at odds with the following objectives of the zone:

 

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

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

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

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

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

·    To maintain the rural landscape character of the land.

·    To ensure that development does not unreasonably increase the demand for public services or facilities.

 

The principal use of the site, being a service station, will be further reduced by the modification and the ancillary components will become the principal operations and are separately defined as prohibited land uses under LEP 2010. The proposal is reflective of a highway service centre, with the inclusion of a supermarket and restaurant, rather than a service station, with ancillary convenience store and take away food premises.

 

The modified development proposes the further enlargement and intensification of use of the service station land which is at odds with the rural nature of the area. The rural landscape character of the land be adversely affected due to the intensity of the use which will now include a restaurant operating 24 hours, with a drive thru component, party room and large areas of internal and external seating, as well as a large retail shop, decreased side boundary setbacks, increased building footprint and increased built form.

 

6.5     Protection of scenic character and landscape values

 

The site is identified on the Scenic and Landscape Values Map of the LEP and therefore this clause is applicable.  It states that Council must be satisfied that measures will be taken, including in relation to the location and design of the proposed development, to minimise the visual impact of the development from major roads, identified heritage items and other public places.

 

The existing service station and ancillary uses is incompatible with the rural landscape, however as the site benefits from existing use rights, it may continue to operate. The proposed enlargement of the building footprint, coupled with the intensification of the uses and likely future signage will considerably alter the appearance of the site from both road frontages and further erode the rural setting being highly visible from the public road.

 

Therefore the modification is not considered to be acceptable. The expansion of the built form and building footprint further erodes the available landscaped area on the site.

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

The site is not affected by any draft environmental planning instruments.

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

The original Development Application was lodged on 22 November 2010 and was assessed under DCP 2006 & DCP 2010.

 

Subsequently, DCP 2010 has been replaced by DCP 2014. The City Wide Controls and Rural Land controls were transferred from DCP 2010 into DCP 2014. Therefore assessment of the modification has been undertaken in consideration of Penrith DCP 2014.

 

Penrith Development Control Plan 2014 (DCP 2014)

 

DCP Objectives

Assessment of this development application has concluded that the proposal is inconsistent with the DCP objectives in relation to the following:

·  protect and enhance the environment

·  promote sustainable development through the delivery of economic and environmental outcomes

·  design a proposal that adapts to the likely impact of climate change

·  provide for an active, attractive and safe urban environment for residents and visitors.

 

DCP Principles

Additionally, the proposal is considered to contravene the following principles:

·    Provide a long term vision for cities, based on sustainability; intergenerational, social, economic and political equity; and their individuality.

·  Achieve long term economic and social security.

 

The Rural Lands Strategy identifies Village Centres, which includes expansion opportunities to support the growing population of Penrith and visitors to the region. However, the subject site has not been identified within a Village Centre.

 

The expansion of the convenience store to resemble a supermarket and the expansion of the food and drink premises to a restaurant or take away food and drink premises will undermine the delivery of the identified centres within the locality, being Cranebrook and Londonderry Village.

 

This outcome is unsupportable without detailed analysis of the regional impacts economically and socially of the development. Such a reassessment of prohibited land uses is more suitable under a Planning Proposal to revisit the conclusions and findings of the Rural Lands Strategy.

 

Site Planning and Design Principles

The Intersection of Cranebrook, Londonderry and The Northern Roads is identified as one of the gateway sites in the DCP.  The modification of the development, through the expansion and intensification of use has not satisfied the following principles for Key Areas with Scenic and Landscape Values:

 

·  Protect and enhance the visual diversity and scenic quality of the locality including mid and long range views

·  Maintain and enhance backdrops and settings that contribute to the local identity

·  The scale, size, built form and height, setbacks/buffers of the proposal is not responsive to the landform, streetscape, vegetation and infrastructure of the locality.

·  The design of the proposal has taken into consideration the scale of the modification in relation to character of the area.

 

The expansion and intensification of the approved use will result in the site resembling a highway service centre, which is at odds with the surrounding rural and landscape character.

 

The 24 hour operation of the food and drink premises has raised concerns in compliance with the principles of CPTED due to the isolation of the site at night and the possibility of attracting antisocial behaviour through the increased operational hours of the food and drink premises.

 

C3 - Water Management

The modified proposal included an increase in built form and impervious area.

 

Revised stormwater drainage details to support the amended proposal have not been provided as a part of the modification.

 

Council’s Development Engineer has determined that the information provided with the modification is inadequate and does not satisfactorily address Council's policy ' Stormwater Drainage for Building Developments - Working Draft (October 2013)' and Council's Development Control Plan 2014.

 

C5 - Waste Management

The modified proposal includes the significant expansion and intensification of floor space and uses of the site, including the expansion of the convenience store and food and drink premises, 24hr operation of the food and drink premises and the provision of drive-thru facilities, which is considered to increase the waste generated from the operation of the site, including sewage management requirements.

 

No information has been provided regarding the suitability of the approved on-site sewage management system to manage the increased water load, in particular from the food and drink premises. 

 

The intensification of the use has not been supported by the submission of a revised Construction and Operational Waste Management Plan or a revised Wastewater Management Strategy. An amended Wastewater Report prepared by a suitably qualified consultant would be required for consideration.

 

Therefore waste management, waste minimisation and sewage management has not been satisfactorily addressed.

 

C6 - Landscape Design

The modified Development Application includes the submission of a landscape plan, however it is noted that the built form on the landscape plan is inconsistent with the amended architectural plans.

 

The increase in built form and building footprint decreases the side boundary setbacks, in particular the northern boundary adjacent to the drive-thru area. The increased hours of operation and the lack of landscaping along the northern boundary will result in a development that would expose the adjoining residents to the impacts associated with the increased built form and operational hours.

 

C10 - Transport, Access and Parking

An amended Traffic Impact Statement prepared by Thompson Stanbury Associates and additional information is submitted with this application.  The report concluded that:

 

·    The proposed on-site parking provisions are adequate to accommodate the projected demand given the provisions of Council and the Roads & Maritime Services’ requirements;

·    The proposed internal circulation arrangements will provide for safe and efficient vehicular and pedestrian movements and servicing during peak times;

·    The subject application is expected to generate approximately 670 trips to the site during the afternoon peak hour, being approximately double that previously approved; and

·    The existing surrounding road network currently operates with a good level of service, and is capable of accommodating the projected traffic generated by the subject proposal.

 

The Traffic Impact Statement also detailed that the modification includes the provision of 98 car parking spaces, being a shortfall of three (3) on-site parking spaces in comparison to the requirements in Council's DCP 2014 (101 spaces).

 

To address the shortfall in parking spaces, Council’s Traffic Engineers recommended the following be included:

·   The number of service / work bays shall be reduced from three (3) to two (2).

·   The maximum number of employee for the food and drink / takeaway facilities shall not be more than eight (8) at any one time.

·   The maximum seating capacity for the food and drink / takeaway facilities shall not be more than 108 people, with 72 internal seats and 36 external seats.

 

A reduction in the number of service/ working bays than currently proposed would further reduce the use of the site as a service station and would result in service station and workshop being ancillary uses of the site. Therefore it is considered that the proposed development would need to provide the necessary parking spaces to support such a proposal.

 

The current modified application has increased fuel provision for cars and trucks, increased traffic and parking generating activities and increased gross floor areas generating the need for more car and truck parking. However this current modified application proposes to use the previously approved truck parking areas for additional car parking and does not provide any on-site truck parking. This will result in those trucks wishing to park either parking across car spaces, parking in isles or parking along the road shoulder in Cranebrook Road and Londonderry Road.

 

It is appropriate for a service station of such a scale to provide at least three designated truck parking spaces for up to a 19 metre semi-trailer size.  Therefore the amended proposal will result in the intensification of traffic generation but a shortfall of passenger and truck parking on the site.

 

C12 - Noise & Vibration

 

The expansion of the restaurant use, the 24 hour nature of operations and the inclusion of a drive-thru facility is likely to have an adverse impact on the amenity of the adjoining properties. The modification would further intensify the use of the site resembling a highway service centre, therefore the associated impacts of such an operation need to be assessed.

 

The documentation provided with the application does not adequately address the additional noise impacts that will occur as a result of the intensification of the restaurant use of the site, in particular the additional traffic movements. The traffic report outlines that the original proposal resulted in 334 peak hour vehicle trips, with the revised report outlining that 670 peak hour vehicle trips will now occur.

 

Therefore it is considered that the proposal would not achieve compliance with the DCP objective to maintain the amenity of surrounding land uses.

 

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

 

Context and Setting

 

The proposal is not in keeping with the rural/residential character of the locality for the following reasons:

 

· The modified development includes a significant expansion in the size of the convenience store and food and drink premises

· The increased hours of operation of the food and drink premises will adversely impact on the amenity of the adjoining neighbours and the greater locality

· The deletion of the on-site truck parking spaces is inappropriate for a service station of the proposed size and nature

· The modified development lacks information to adequately assess impacts such as noise, water management, waste management and on-site sewage management.

 

 

 

 

Noise and vibration

 

Noise generation particularly from the increase in the operation hours of the food and drink premises has not been adequately addressed within the submission documentation.

 

Crime Prevention Through Environmental Design

 

The amended proposal includes an increase in the hours of operation of the food and drink premises to operate as a 24 hour restaurant. The operation of such a facility raises significant concerns in relation to attracting anti-social behaviour in an isolated location.

 

No crime prevention analysis has been provided in support of the increased hours of operation and as such the proposed extended hours are not supportable.

 

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

 

The site is considered unsuitable for the current scale of the development as surrounding land uses are low intensity, low scale or natural environment and a rural/residential character dominates the area.

 

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

 

Referrals

 

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

 

Referral

Comments

Building Surveyor

No objection, subject to conditions

Development Engineer

Not satisfactory

Traffic Engineer

Not satisfactory

Environmental Health

Not satisfactory

Public Health

No objection, subject to conditions

Roads and Maritime Service

The RMS has reviewed the amended plans and raised no objections, subject to the concurrence conditions dated 7 June 2011.

 

The concerns raised by Council’s Development Engineer, Traffic Engineer and Environmental Health Officers have been detailed within the report and warrant refusal of the application.

 

Community Consultation

 

In accordance with Appendix F5 Notification and Advertising of Penrith Development Control Plan 2014, the proposed development was advertised, notified and exhibited from 12 June 2015 to 26 June 2015. Council notified fifty-one (51) owners and occupiers of adjoining properties, with Council receiving no submissions.

 

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

 

The proposed modified development is inconsistent with the requirements of Section 96 and Division 10 of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No. 33, Penrith Rural Lands Strategy, Penrith Local Environmental Plan 2010 and Penrith Development Control Plan 2014.

 

The modification is not considered to be substantially the same development as it includes a significant expansion of the food and drink premises and convenience store, reflecting a highway service centre and a small supermarket rather than a service station with ancillary uses. The proposal is likely to have a negative impact on the character of the area and the amenity of the immediate residents. For these and the other reasons raised within this report, the development application cannot be supported.

 

8.   Sgro V Greater Taree Council [2014] NSWLEC 1113

 

Prior to the reporting of the matter to Council for determination, it was agreed that the Land and Environment Court judgement in Sgro v Greater Taree Council [2014] NSWLEC 1113 submitted by the applicant would be considered as part of the modification assessment.

 

Consideration has been given to the abovementioned court case and the matter is not considered to be relevant to the proposal for the following reasons:

 

·    Significant argument in the case related to what areas of the site have the benefit of existing use rights. This is not a matter being disputed in the modification.

 

·    Council is disputing the use of Section 96 for the consideration of the proposal and the classification of the ancillary land use and separately defined land use is considering existing use rights implications.

 

·    Greater Taree Council raised no issues with the merit of the proposal. However, significant concerns are raised with this modification in relation to the merits of the proposal, in particular waste disposal, water management, noise, vibration, parking, hours of operation and crime prevention through environmental design.

 

Therefore the judgement has little relevance to the recommended determination of the modification.

 

Conclusion

 

The proposed modification has been assessed against the relevant heads of consideration under Sections 79C and 96 of the Environmental Planning and Assessment Act 1979. 

 

In assessing the proposed expansion and intensification of the development, in particular the size of the food and drink premises, the increased hours of operation and the size of the convenience store, it has been determined that the modification is not substantially the same development.

 

The modified development is inappropriately located within the RU4 Primary Production Small Lots zone under LEP 2010 and is inconsistent with the aims and objectives of Penrith LEP 2010 and Penrith DCP 2014.  Furthermore the Rural Lands Strategy does not identify the site as a future village centre and the proposal is likely to undermine the strategic directions identified within this strategy adopted by the rural zones of Penrith LEP 2010.

 

The assessment of the amended development found that the documentation lacked information to adequately address matters such as hazard assessment, amenity, crime prevention through environmental design, sewerage management, waste management and noise generation.

 

Notwithstanding the existence of existing use rights, the proposed expansion and change of land use will visually alter the site, which already is incompatible with the rural area and the expansion is in excess of that permitted by the Environmental Planning and Assessment Regulations. The amenity impacts from the restaurant or take away food and drink premises in particular which operates 24 hours a day and will be an attractor in its own right,  are not harmonious with the rural setting.

 

The proposal is likely to have a negative impact on the surrounding environment and it is not considered to be in the public interest.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook be received.

2.    Section 96 (2) Modification to the approved demolition of existing structures and construction of service station with convenience store, workshop and take-away restaurant to also include a drive thru facility Lot 3 DP215949 (No.1-21) Cranebrook Road, Cranebrook, be refused for the following reasons:

 

2.1    The application is not satisfactory for the purpose of Section 96 of the Environmental Planning and Assessment Act as the modification is not substantially the same development.

2.2    The application is not satisfactory having regard to Clause 41, 42 & 50 of the Environmental Planning and Assessment Regulation 2000.

2.3    The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act as the proposal is inconsistent with State Environmental Planning Policy 33 - Hazardous and Offensive Development.

2.4    The application is not satisfactory for the purpose of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act as the proposal is inconsistent with the following provisions of Penrith Development Control Plan 2014:

·     C3 Water Management

·     C5 Waste Management

·     C6 Landscape Design

·     C10 Transport, Access and Parking

·     C12 Noise and Vibration.

2.5    The application is not satisfactory for the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act in terms of the likely adverse amenity impacts upon the existing residents namely acoustic amenity.

2.6    The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act as the site is not suitable for the proposed amendment for the following reasons:

·        The expansion and intensification of the convenience store and food and drink premises alter the nature of the use to resemble a highway service station with supermarket and restaurant components.

·        The removal of the truck parking spaces within the site will result in additional truck parking along Cranebrook Road/ Londonderry Road.

·        The operation of a 24 hour restaurant is considered to be inconsistent with the rural setting of the locality.

·        The proposed does not achieve CPTED principles due to the isolation of the site at night and the possibility of attracting antisocial behaviour through the increased operational hours of the food and drink premises.

·        The expansion and intensification of the use is contrary to the Rural Land Strategy and will undermine the delivery of the identified village centres and rural zone objectives.

2.7    The application is not considered to be satisfactory as insufficient information has been provided in relation to hazardous assessment, waste management, on-site sewage management, noise generation, stormwater management, and crime prevention through environmental design.

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

 

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

Approved Plans

6 Pages

Appendix

3.  

Proposed Plans

6 Pages

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Locality Plan

 

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Ordinary Meeting                                                                                                         29 February 2016

Appendix 2 - Approved Plans

 

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Ordinary Meeting                                                                                                         29 February 2016

Appendix 3 - Proposed Plans

 

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Ordinary Meeting                                                                                           29 February 2016

 

 

 

4

Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon  Applicant:  Jenette Camera;  Owner:  Jenette Camera   

 

Compiled by:               Sarah Sampson, Development Compliance Officer

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 development application for the construction of an eight car garage at Lot 805 DP 1068323 (No 22-26) Belleview Avenue Mount Vernon. The application seeks to vary the restrictive covenant fourthly referred to in the Section 88B of the Conveyancing Act 1919 Instrument applying to the site.

 

The covenant relates to a restricted building platform referenced in the 88b instrument for preferred building locations. Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction. A portion of the proposed garage is located outside the building envelope whilst still complying with the minimum setback requirements outlined in Development Control Plan 2014.

The garage achieves the objectives of the Penrith Local Environmental Plan 2010 and is compatible with the surrounding area, minimising impacts on adjoining properties. The applicant has demonstrated it is unlikely to have any significant impacts on achieving the outcomes intended by the planning and subdivision controls for the property.

It is recommended the Section 88B Instrument point (b) of the restriction fourthly referred to in DP 1068323 be varied and the garage be approved subject to conditions.

Background

On 14 February 2002 Council approved subdivision application DA01/2345 for a 17 lot subdivision. As a part of the approval, a restrictive covenant under Section 88B of the Conveyancing Act 1919 was imposed.

Point (b) of the restriction fourthly referred to in the Section 88B Instrument applying to Deposited Plan No.1068323 burdens this allotment and states:

“All development erected on the subject lots will be in accordance with the ‘Siting Plan including Landscape Plan’ as indicated on the Plan Reference Pittenridge Shinkfield Bruce numbered L01E and dated 20th November 2002. The plan is held by Penrith City Council”.

A development application (DA15/0982) for the construction of an eight car garage was lodged with Council on 26th August 2015. On 28th January 2016 a request to vary the Section 88B Instrument was received to construct the eight car garage outside of the building platform as referenced on the Plan Reference Pittenridge Shinkfield Bruce numbered L01E and dated 20th November 2002. The proposed garage setback will be located in line with the existing dwelling.

Site and Surrounds

The site is situated on the eastern side of Belleview Avenue and has an area of 1 Ha. The site is relatively flat.

The surrounding area is characterised by rural residential development (See Locality Map in Appendix No. 1).

 

The Proposed Development

 

The proposal is to construct an eight car garage. The applicant seeks a variation of the Section 88B Instrument to construct the eight car garage partially outside of the building envelope referred to in the Deposited Plan.

The development application was accompanied by:

·    Site and Elevation Plans (See Appendix No. 2)

·    Statement of Environmental Effects

·    Waste Management Plan

·    Colour Schedule

 

Assessment relating to the Section 88B restriction

 

The development consent issued by Council for the subdivision identified a ‘siting plan’ building restriction to limit dwelling locations and ensure adequate landscape areas can be achieved. 

The Council report for the original subdivision stated: 

The applicant has proposed that the building location be controlled as well as materials, colours and height of buildings to further reduce any impact of the development.

The proposed development incorporates the construction of an eight car garage partially outside the approved building platform. The application proposes a setback of 11.55 metres to the southern property boundary.

In support of the variation to the restriction the following is noted:

·    The intent of the covenant was to restrict the construction of dwellings rather than ancillary structures (such as detached garages). The proposed eight car garage is located directly behind the dwelling and cannot be viewed from Belleview Avenue. This meets the objectives of minimising the visual impact of the building.

·    The proposed eight car garage is consistent with the surrounding properties and the materials and finishes is complimentary to the existing dwelling.

·    The applicant provided amended plans detailing compliance with the setback requirements outlined in Development Control Plan 2014.

·    The development is considered to be site responsive.

The varying of the restrictive covenant relating to the building platform will maintain the intent behind the restriction imposed by Council and does not impact on the existing streetscape.

 

 

Planning Assessment

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

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

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

The eight car garage has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20.  The proposed development will have minimal impacts on the total catchment management of water quality and water quantity. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. The proposal satisfies the considerations under SREP 20.

Penrith Local Environmental Plan (LEP) 2010

The site is zoned E4 Environmental Living under the provisions of LEP 2010. The proposed development is permissible with development consent. The proposal satisfies the objectives and provisions of LEP 2010.

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

The site is not subject to any draft Environmental Planning Instruments

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

 

Penrith Development Control Plan 2014 (DCP 2014)

 

DCP 2014 Part D Section D1 – “Rural Land Uses” is applicable to the current development application. The development has been assessed with regard to the general development considerations of DCP 2014 and is consistent with the aims and objectives of the DCP.

Part 1.2.3 “Site Coverage, Bulk and Massing” states dwellings shall have a maximum ground floor footprint of 500m² (including any undercover parking areas). The existing site coverage is approximately 1250m². The proposal seeks to increase this by a further 223m². A request to vary the development control plan was received as part of the application and states the eight car garage is located at the rear of the property and not within view from the street. The aims and objectives of this part are being achieved and the adjoining developments are of a similar size and scale. The variation is therefore supported.

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

Built and Natural Environment

The development is compatible with the surrounding and adjacent land uses and will have no impact on the amenity of the area. The development does not detract from the amenity of neighbouring properties and adequate separation has been provided between property boundaries.

The development will have no impact on the local road system.

 

The property is not subject to any Heritage Order or identified as a heritage item under a planning instrument.

The proposed development is sensitive to environmental conditions; site attributes and safeguards the health and safety of the occupants.

 

 

Social and Economic

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

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

The subject site is within an established rural residential area zoned for environmental living development. The site is not known to be affected by any landslip or heritage controls.

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 EPA Act and Regulations

In accordance with the Penrith Development Control Plan 2014, the proposed development was not required to be notified to nearby and adjoining residents.

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

The development will not generate any significant issues of public interest.

 

Conclusion

 

Assessment of the application to construct an eight car garage, and to vary point (b) of the 88B restriction fourthly referred to in DP 1068323, has demonstrated the proposal is unlikely to have any impacts on the achievement of the outcomes intended by the planning and subdivision controls for this site. The varying of the restrictive covenant will not compromise the safety, character or amenity of the locality.

The eight car garage and variation of the restrictive covenant is therefore recommended for approval.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon be received.

2.     The section 88B instrument applying to Lot 805 in DP 1068323 be varied by varying point (b) of the restriction fourthly referred to, allowing the garage to be located with a side setback of 11.55m.

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

4.     The application for an eight car garage be approved subject to the following conditions:

 

A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A019 – Occupation Certificate

A020 – Use of building

A046 - Obtain Construction Certificate before commencement of works

D001 – Erosion and Sediment Control

E001 - BCA compliance

H001 - Stamped plans and erection of site notice

H030 – Roof finishes

H041 - Hours of work

K016 – Stormwater

K026 - Stabilised access

L008 - Tree Preservation Order

L012 - Existing landscaping

P002 - Fees associated with Council land

Q01F - Notice of Commencement & Appointment of PCA2

Q05F - Occupation Certificate for Class10

 

 

 

ATTACHMENTS/APPENDICES

1.  

Locality map

1 Page

Appendix

2.  

Architectural Plans

3 Pages

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Locality map

 

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Ordinary Meeting                                                                                                         29 February 2016

Appendix 2 - Architectural Plans

 

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Ordinary Meeting                                                                                           29 February 2016

 

 

 

5

Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry  Applicant:  Alison Anderson & Justin Appleby;  Owner:  Alison Anderson & Justin Appleby   

 

Compiled by:               Luke Caruana, Graduate Environmental Health & Building Surveyor

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 development application for the construction of a detached single storey dwelling at Lot 10 DP 1170548 (No. 115) Kenmare Road Londonderry. The application seeks to vary the restrictive covenant thirdly referred to in the Section 88B of the Conveyancing Act 1919 Instrument applying to the site.

 

The covenant relates to a restriction zone marked (C) as shown on the Deposited Plan No. 1170548. The covenant requires all trees within the restricted area to be protected in accordance with minimum tree protection standards as prescribed in Section F4 of Council Landscape Development Control Plan. Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction.

The applicant has proposed to remove the tree in restriction zone marked (C) and replant a tree of the same species in a more appropriate location within the restriction zone. Council’s Tree Management Officer has confirmed suitability for the tree to be removed and replaced.

It is recommended the detached single storey dwelling be approved subject to conditions and the Section 88B restriction thirdly referred to in DP 1170548 be varied to allow the tree to be removed and replaced.

Background

On 25 October 2011 Council approved subdivision application DA11/0600 for a 14 Lot Torrens Title Subdivision. As a part of the approval, a restrictive covenant under Section 88B of the Conveyancing Act 1919 was imposed.

The restriction thirdly referred to in the Section 88B Instrument applying to Deposited Plan No.1170548 burdens this allotment and states:

“All trees that are within areas designated “C” on the Plan are to be protected accordance with the minimum tree protection standards prescribed in Section F4 of Council’s Landscape Development Control Plan”.

A development application (DA15/1342) for the construction of a detached single storey dwelling was lodged with Council on 12th November 2015. On 21th December 2015 a request to vary the Section 88B Instrument was received to remove the tree in restriction zone marked (C) as shown on the Deposited Plan No. 1170548.

Site and Surrounds

The subject site is situated on the northern side of Kenmare Road. It is 560m² in area, orientated in a southern direction and is relatively flat (See Locality map).

The surrounding area is characterised by vacant sites and rural residential development.

 

The Proposed Development

The proposal is to construct a single storey detached dwelling. The applicant seeks a variation of the Section 88B Instrument to remove a tree in restriction zone marked (C) on the Deposited Plan.

The development application was accompanied by:

·    Architectural Plans (See Appendix No. 2)

·    Statement of Environmental Effects

·    Waste Management Plan

·    BASIX Certificate 677433S

·    Colour Schedule

Assessment relating to the Section 88B restriction

The development consent issued by Council for the subdivision identified the site contains Castlereagh Scribbly Gum Woodlands.  As a part of the subdivision proposal the applicant submitted a Flora and Fauna Survey and 7-part Test of Significance.  Council’s Environmental Health Coordinator reviewed the report and requested the applicant to identify trees that could be retained. These trees were included in the Section 88B covenant.

 

The proposed development incorporates a single storey detached dwelling which will impact on the root system of the existing tree within the restriction zone requiring it to be removed.

In support of the variation to the restriction the following is noted:

 

·    The applicant has proposed to replant a tree of the same species in a more suitable location where it will not be impacted by the dwelling.

·    Comments from Councils Tree Preservation Officer suggest that the existing tree is not in the best of health and a more desirable outcome would be to allow its removal subject to replanting.

·    The applicant provided amended plans on 21/01/2016 which included amendments to comply with the Development Control Plan 2014 and to retain a tree in the road reserve.

·    The development is considered to be site responsive.

The varying of the restrictive covenant relating to tree protection will maintain the intent behind the restriction imposed by Council.

 

Planning Assessment

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

 

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

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

The proposal has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20.  The proposed development will have minimal impacts on the total catchment management of water quality and water quantity. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. The proposal satisfies the considerations under SREP 20.

Penrith Local Environmental Plan (LEP) 2010

The site is zoned RU5 Village under the provisions of LEP 2010. The proposed development is permissible with development consent. The proposal satisfies the objectives and provisions of LEP 2010.

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

The site is not subject to any draft Environmental Planning Instruments

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

Penrith Development Control Plan 2014 (DCP 2014)

Although the Lot is Zoned RU5, DCP 2014 Part D Section D2 – “Residential Development” is applicable to the current development application due to the lot size and dimensions. The development has been assessed with regard to the general development considerations of DCP 2014 and is consistent with the aims and objectives of the DCP.

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

Built and Natural Environment

The development is compatible with the surrounding and adjacent land uses and will have no impact on the amenity of the area. The development does not detract from the amenity of neighbouring properties and adequate separation has been provided between property boundaries.

The development will have no impact on the local road system.

 

The property is not subject to any Heritage Order or identified as a heritage item under a planning instrument.

The proposed development is sensitive to environmental conditions; site attributes and safeguards the health and safety of the occupants.

Social and Economic

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

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

The subject site is within an established rural residential area zoned for rural residential development. The site is not known to be affected by any 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. The proposed development fits the locality.

 

 

6.   Section 79C(1)(d) - Any submissions made in accordance with the EPA Act and Regs

In accordance with the Penrith Development Control Plan 2014, the proposed development was not required to be notified to nearby and adjoining residents.

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

The development will not generate any significant issues of public interest.

 

Conclusion

Assessment of the application to construct a detached single storey dwelling, and a proposed variation of restriction thirdly referred to in DP 1170548, has demonstrated that the proposal is unlikely to have any impacts on the achievement of the outcomes intended by the planning and subdivision controls for this site. The varying of the restrictive covenant will not compromise the safety, character or amenity of the locality.

The detached single storey dwelling and variation of the restrictive covenant is therefore recommended for approval.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry be received.

2.    The positive covenant thirdly referred to in the section 88B instrument applying to Lot 10 in DP 1170548 be varied to permit the existing tree to be removed and replaced, and the dwelling be constructed with a rear setback of 3.628m.

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

4.    The application for a detached single storey dwelling be approved subject to the following conditions:

 

A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A019 – Occupation Certificate

A046 - Obtain Construction Certificate before commencement of works

B005 - Mud/Soil

D001 - Implement approved sediment& erosion control measures

D007 - Cut and fill of land requiring Validation Certificate –limited to footprint

D009 - Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

E001 - BCA compliance

F006 – water tank

H001 - Stamped plans and erection of site notice

H002 - All forms of construction

H009 - Cut / fill details (amended from adopted Council version)

H022 - Survey (as amended)

H030 – Roof finishes

H036 - Rainwater Tank

H037 - Safe supply of water from catchment areas

H038 - Connection of rainwater tank

H039 - Rainwater tank pumps

H041 - Hours of work

K501 Roads Authority clearance

K202 - Roads Act (Minor Roadworks)

K016 – Stormwater

K026 - Stabilised access

K041 – Infrastructure bond

K Special - EASEMENT on the site

L001 - General landscaping

L008 - Tree Preservation Order

P002 - Fees associated with Council land

Q01F - Notice of Commencement & Appointment of PCA2

Q05F - Occupation Certificate for Class10

Special Condition – “Prior to the issue of an Occupation Certificate, 1 Eucalyptus Fibrosa, 1 Eucalyptus Crebra and 1 Melaleuca Decora shall be planted and nurtured to grow to their full potential in an appropriate location within the covenant zone marked (C) on the Deposited Plan 1170548.”

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Map

1 Page

Appendix

2.  

Architectural Plans

4 Pages

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Locality Map

 

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Ordinary Meeting                                                                                                         29 February 2016

Appendix 2 - Architectural Plans

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve                                                                                                                            65

 

7        Potential Upgrade of Three Reserves in Erskine Park                                                    69

 

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

 

 

6

Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve   

 

Compiled by:               Rosemarie Canales, Architectural Supervisor

Hang He, Engineering Technical Officer

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide designs and plans for Council's parks, buildings, roads and drains

      

 

Executive Summary

The tender (RFT 15/16-12) for the construction of an amenities block and associated works at Cranebrook Reserve, Cranebrook was advertised in the Western Weekender on 18 December 2015 and on the e-tendering website and in the Sydney Morning Herald on 22 December 2015.  The tender closed on 08 February 2016.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Arcs Building Group Pty Ltd be awarded the contract for a contract sum of $263,201.00 ex GST.

Background

The advertised Tender (RFT 15/16-12) for Construction of Amenities, Demolition and Associated Works for Cranebrook Reserve, sought tenders from suitability experienced Building Contractors to carry out the construction. The proposed construction work occurs in two stages, and stage 2 is not part of this tender.

 

The stage 1 construction work include the following:

 

·    Construction of a new Amenities Block

1 x Canteen

1 x Store Room

Public Toilets (2 x Unisex, 1 x Ambulant, 1 x Accessible)

·    Demolition of existing amenities block after construction of stage 1 of new amenities block. Cap existing services.

·    Reinstate and relocate existing vehicle access at the east of the new amenities block and relocate the access gate to the north-east end of the park.

·    Provide footpath access from the kerb-side parking to the new amenities.

 

In response to the Council’s request for tender, 12 complying tenders were received electronically via APET360.

Tender Evaluation Process

Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria. 

 

The Tender Evaluation Panel consisted of Laura Schuil (Supply Officer- Contracts) Rosemarie Canales (Architectural Supervisor), Hang He (Engineering Technical officer) and was chaired by Michael Jackson (Design & Project Manager). The selection criteria advertised and used in assessing the tenders included the following:

 

·    Business References;

·    Demonstrated Ability;

·    Works Method and Program;

·    Financials;

·    Employment Policies;

·    Quality Assurance Systems;

·    Environmental Management Systems; and

·    Work, Health & Safety.

Tender Review

The tenders received are listed below in apparent price order before any assessment of their compliance and capabilities. All prices are exclusive of GST.

Company

Tendered Price

Company Location

Directors

S&J Comans T/A Coverit Home Improvements

$226,800.00

10 Tharkinna Close Cranebrook NSW 2749 Australia

Shane Stanley Comans, Jennifer Victoria Comans

Arcs Building Group Pty Ltd

$263,201.00

PO Box 775, Penrith NSW 2759 Australia

Phil Grueff

Auscorp Constructions Pty Ltd

$264,600.00

Unit 5/7 Butterfield St Blacktown NSW 2153 Australia

Jarod Smith, Ian Salt, Clinton Etheridge

Westco Building Consultants Pty Ltd

$296,010.00

29/29 Coombes Drive Penrith NSW 2750 Australia

John Cooper

M Bruton Building Co

$303,576.00

12 Hillclimb Dr Annangrove NSW 2156 Australia

Mick Bruton, Elaine Bruton

Every Trade Building Services

$311,545.00

12/116-118 McCredie Rd Guilford West NSW 2161 Australia

Francois Tarabay

Westbury Constructions Pty Ltd

$349,824.00

Suite 2.02 Level 2 33 Lexington Dr Norwest Business Park Bulkham Hills NSW 2153 Australia

Darren Price, Shakeel Karim

Kellyville Building

$392,211.00

35 Fyfe Rd Kellyville NSW 2155 Australia

Brad Bruton, Michelle Bruton

Cranebrook Constructions

$401,089.00

97 Taylor Road Cranebrook NSW 2749 Australia

Phil NcNamara

Dezign Interiors

$405,300.00

18 Burns Road Heathcote NSW 3074 Australia

Tim Pridham

Simply Building and Construction

$520,000.00

7/150 Canterbury Road Bankstown NSW 2200 Australia

Fred Hebous

ALPALL P/L BUILDERS

$787,000.00

PO Box 710, Springwood NSW 2780 Australia

David Crum

 

Of the 12 tenders received, the six with the lowest tender prices were evaluated against the selection criteria to determine an initial ranking, with a number of those tenderers  demonstrating their capability to meet the tender requirements. As such there was no benefit to Council in further considering the higher priced tenders.

 

S&J Comans T/A Coverit Home Improvements are a local firm who had a significantly lower effectiveness score than the other tenderers after the evaluation and did not demonstrate that they had relevant experience in the area of amenities construction. The documentation they produced in response to the tender specifications was not as comprehensive as the preferred tenderer and did not adequately demonstrate their capability to carry out the scope of this project. Their nominated references were limited to a much smaller canteen project with lightweight construction systems and large outdoor shelters with limited construction complexity. 

 

The recommended company, Arcs Building Group Pty Ltd was selected based on their;-

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements; and

3)   Competitive price for the services offered.

 

Arcs Building Group Pty Ltd is a construction company based in Jamisontown and is currently identified as one of the three selected contractors nominated for Penrith City Council Building Maintenance and Construction Works. They have successfully constructed other amenities projects for Council in recent years with the most recent project including Victoria Park Amenities, Jamison Park Canteen and associated buildings, Judges Car Park Public Toilets, Peppertree Reserve Canteen, Dukes Oval Canteen and East Lane Toilet Amenities.

 

The Tender Evaluation Committee recommends Arcs Building Group Pty Ltd be awarded the Tender.

Recreation Manager’s Comment

Council adopted the Lakes Environs (Waterside Green) Section 94 Development Contributions Plan (the Plan) on 7 March 2005. This Plan allocated a portion of the funds to be collected to providing amenities, field development, car parking, floodlighting and the relocation of cricket nets and pitch at Cranebrook Park.

 

Since 2010 the projects listed in the Plan have gradually been implemented, with the field (consisting of a full and modified size pitch) being one of the first to be reconstructed as a result of Council’s recycled organics program and also to receive 100 lux floodlighting. New cricket nets have been provided and car parking has been formalised.

 

These improvements have significantly increased the park’s functionality and capacity to accommodate organised sporting activities with rugby league and grid iron utilising the venue predominantly for training. Competition level activity is currently limited to cricket games during the summer complementing the extensive use that both the field and practice nets receive for cricket training.

 

Construction of an amenity building will further increase the capacity of the site and provide the opportunity for winter sports to host competitive weekend and weeknight (if required)  games at the venue, as well as support the activities of the cricket association during summer providing additional shade, canteen, unisex, ambulant and accessible toilets as well as a store.

 

Council Officers are continuing to pursue the opportunity to provide additional car parking on 487 Cranebrook Road, Cranebrook (Lot 2 DP 1181667). This land is adjacent to Cranebrook Park (to the south) and is known as the Cranebrook Stilling Basin.  The Basin has recently been transferred to the NSW Office of Strategic Lands by the Penrith Lakes Development Corporation.

 

Future use of Cranebrook Park will be managed through Council’s sportsground allocation process.

Acting Financial Services Manager’s Comment

Included in the assessment of tenders was the review by Council Officers of a financial check conducted within the last 17 months on Arcs Building Group Pty Ltd by Corporate Scorecard Pty Ltd.  No concerns were raised as to the ability of the recommended tenderer, Arcs Building Group Pty Ltd to perform those works which were of a similar nature to works provided within this tender. Arcs Building Group Pty Ltd is currently a supplier to Council under the Building Trades Services Contract.

 

Under the Lakes Environs (Waterside Green) Section 94 Development Contributions Plan funds were allocated for the Embellishment of Cranebrook Park. Currently there is an amount of $464,000 available to complete the two remaining components being the construction of the amenities building and car park. The tendered price of $263,201 is within the available funds.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and the Acting Senior Governance Officer, Adam Beggs met to consider Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve.  After requesting further details concerning the assessment of tenders the TAG supports the recommendation in this report.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve be received.

2.    The tender for the construction works for Cranebrook Reserve Amenities for and Associated Works for the amount of $263,201.00 (ex GST) from Arcs Building Group Pty Ltd be accepted.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           29 February 2016

 

 

 

7

Potential Upgrade of Three Reserves in Erskine Park   

 

Compiled by:               Amanda McMurtrie, Strategic Property Officer

Matthew Morris, Parks Program Co-ordinator

Authorised by:            John Gordon, Acting Executive Manager - City Assets 

Requested By:            Councillor Marcus Cornish

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

At the Ordinary meeting of Council on October 26, 2015 Councillor Cornish requested a report be provided on the suitability of playground equipment at the following reserves in Erskine Park –

 

1.   Aquarius Reserve – 1A Tauris Street, Erskine Park (corner Aquarius Cres)

2.   Sennar Reserve – 6A Sennar Road, Erskine Park (corner  Mohawk Place)

3.   Warbler Reserve –72A Warbler Street (corner Whistler Crescent)

 

Additionally, a request was made as to the suitability of these three (3) sites to each accommodate a covered BBQ area.

 

In determining the suitability of each reserve to accommodate a playground and a covered BBQ area an analysis has been undertaken on site suitability, existing nearby facilities, typical playground and BBQ costs, public consultation and financial considerations.

 

The report recommends that the information provided be received and that Council delay

a decision on funding works at the three identified reserves until such time as the Council

can determine the extent of the funds realised through the Erskine Park Pilot Project.

Background

At the Ordinary meeting of Council on October 26, 2015 Councillor Cornish requested a report be provided on the suitability of playground equipment at the following reserves in Erskine Park –

 

1.   Aquarius Reserve – 1A Tauris Street, Erskine Park (corner Aquarius Cres)

2.   Sennar Reserve – 6A Sennar Road, Erskine Park (corner  Mohawk Place)

3.   Warbler Reserve –72A Warbler Street (corner Whistler Crescent)

 

Additionally, a request was made as to the suitability of these three (3) sites to each accommodate a covered BBQ area.

 

Each of the subject sites were considered as part of the Erskine Park Pilot of the Public Open Space Reinvestment Project.  At the Ordinary meeting of 26 October, 2015, in relation to that project, Council resolved in part that –

 

·    The Draft Open Space Master Plan (DOSM) be amended to retain the whole of Warbler and Aquarius Reserves and Mohawk and Sennar Reserves.

 

The resolution retains these sites in their current form. The rationale for assigning priorities to capital works as part of the Erskine Park Pilot Project was to ensure equitable access to recreation infrastructure across the suburb, as well as to deliver open space improvements in those neighbourhoods where excess parcels are proposed for disposal.  As each identified site was to be retained, no funds were identified for reinvestment into capital upgrades on these reserves as part of the Public Open Space Reinvestment Project.

 

Site Suitability

 

Each reserve is over 3,500 m2 and has residential properties located along at least one boundary. While each site has the physical space to accommodate a play and BBQ facility, the location of these facilities would need to consider any impacts on adjoining property owners, existing natural shade and proximity to roadways.

 

In addition to the physical space, consideration should also be given to other play opportunities available in the surrounding area. It relation to the subject reserves:

 

1.   Aquarius Reserve is located within 480 metres walking distance from Spica Reserve. This site has been identified for a $370,000 upgrade as part of the Public Open Space Reinvestment Project.

2.   Sennar Reserve is located within 460 metres walking distance from an existing facility at Peppertree Reserve.

3.   Warbler Reserve is located within 290 metres walking distance from the recently upgraded playground in Kestrel Reserve.

 

Ideally, playground opportunities should be provided within 500 metres walking distance from a residential property. Each of the proposed sites has an alternate play opportunity within this range.

 

In addition, rather than focusing recreation reinvestment exclusively on individual parks as a series of isolated places, the draft Open Space Masterplan puts an emphasis on better pathway connections to  individual reserves and providing street based ‘infrastructure’ such as pathways, bus shelters, lighting and street trees.

 

Typical Playground Works and Costs

 

Council has over a number of years refined the elements required to deliver a positive play outcome for facility users as part of the Parks Asset Renewal Program. These elements include:

 

·    Rubberised softfall with concrete edging

·    Play equipment with a focus on inclusive play, catering where possible to a range of age groups

·    Seating for parents / carers

·    Shade – tree planting or locating playgrounds under natural shade. Shade structures are generally installed in regional or district facilities

·    Fencing – required to minimise risk if located close to hazards such as roadways

·    Landscaping – to improve the overall aesthetics and play experience.

 

The cost of a ‘standard’ playground package is $75,000, with an additional $25,000 required for a shade structure if required.

 

Covered BBQ Areas Works and Costs

 

The reserves identified are local parks and generally service residents in the areas immediately surrounding the reserves. Council does not normally install covered barbeque facilities in these reserves and generally limits barbeques to district and regional facilities.

 

Should Council be of the view to provide BBQs at these reserves, a budget allocation of $26,000 per site should be made for the provision of covered BBQ areas.  An estimated cost for the provision of a covered barbeque is provided below:

 

·    A pathway connection                   $3,000   

·    Concrete slab (6x4m)                   $3,000

·    Electric BBQ                                 $8,000  

·    Water point                                    $1,000

·    Shade structure and                      $8,000

 

·    Electrical connection                     $3,000 (varies significantly from site to site)

 

Public Consultation

 

An important part of the Erskine Park Pilot Project involved consultation with the community prior to making any decisions about whether any small land parcels could be sold with the funds generated to be reinvested in the suburb’s local open space.  Council received a broad range of feedback in relation to the 3 subject reserves.  This feedback ranged from a desire to leaving the reserves as they are, to upgrading the reserves.   Should Council support funding the upgrade of these three (3) reserves, it is recommended that further localised consultation for each site be undertaken in relation to potential capital upgrades.

 

Financial Considerations

 

There is currently no funding available in the 2015-16 budget to fund the capital upgrade of the subject reserves, nor were they identified as priority upgrade locations to be funded through the first stage of the Public Open Space Reinvestment Project. Should Council resolve to support this project, approximately $300,000 to $375,000 in funding will need to be identified.

 

It should be noted, should the parcels identified for sale in the Erskine Park pilot project progress to the rezoning stage, there will be significantly more funding made available to the Erskine Park community for recreation improvements and these improvements could be included in the considerations for any future roll out, with reference to the Masterplan, once the total available funding has been finalised.

 

Conclusion

 

The three subject reserves in Erskine Park have the physical space to accommodate a playground and covered barbeque facility. However, given there is a strategic direction for the open space network of Erskine Park provided in the draft Open Space Master Plan which prioritises improvements to other local reserves, and the range of views shared by the Erskine Park community during the recent community engagement program about the future character of these spaces, it might be prudent to postpone further funding decisions on these reserves until such time as more formal decisions are made about the sale of the reserves identified in the proposed Planning Proposal for Erskine Park.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Potential Upgrade of Three Reserves in Erskine Park be received.

2.     Decisions on funding works at Aquarius Reserve, Sennar Reserve and Warbler Reserve be delayed until such a time that Council can determine the extent of the funds realised through the Erskine Park Pilot Project.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

8        Naming of Wetland and Bushland Restoration Area in Cranebrook                               75

 

9        Fire and Rescue NSW Fire Safety Report                                                                      80

 

10      Participation in the One Tree Per Child Program                                                            82

 

 

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

 

 

8

Naming of Wetland and Bushland Restoration Area in Cranebrook   

 

Compiled by:               Daria Rech, Senior Water Management Officer

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

Outcome

We care for our environment

Strategy

Protect and improve our natural areas, the Nepean River and other waterways

Service Activity

Contribute to the protection and enhancement of the City's natural environment

      

 

Executive Summary

This report seeks Council’s endorsement for the naming of the regionally significant wetland and adjoining bushland bounded by Castlereagh Road, Nepean Street, Camelot Drive and Soling Crescent in Cranebrook. Following a process of community consultation it is proposed to name the site ‘Mountain View Reserve’.  This report recommends the information be received and that an application be made to the Geographical Names Board for official gazetting of the name.

Background

In 2013 Council secured a grant under the Australian Government’s Biodiversity Fund program for $1.8 million to restore a regionally significant wetland and adjacent Cumberland Plain Woodland in Cranebrook (Attachment 2 shows the boundaries of the site). This is a 4 year project involving the restoration of approximately 5 hectares of wetland as well as bush regeneration work to improve and protect the adjacent bushland.

 

Community engagement is a key feature of the project including formation of a local bushcare group, community workshops, planting days and other events to promote this natural asset to the community.

 

The wetland area has not been accessible to the community in the past due to the degraded nature of the site, which has been impacted heavily by weeds taking over from the native vegetation, as well as severe erosion and water flow issues. The adjoining bushland area is somewhat accessible due to informal pathways but this area has also been significantly impacted by weeds, rubbish dumping and erosion.

 

As a result of the grant funded works, weeds on the site are being controlled and managed, new trees and native vegetation are being planted to supplement the existing bushland, and the wetland is being restored and improved. This project will also result in a natural resource for the community to enjoy and utilise for passive recreation in the future.

 

To encourage community access to the site a range of new footpaths, both formal and informal, are being constructed and will be supplemented by seating options, artwork and interpretive signage. As part of the project it is considered important to give the newly restored site a name that resonates with the community. As the site didn’t have a formal name in the past, giving it an identity now will mean it can be recognised as a significant natural resource for local residents both now and in the future. The new name for the reserve will appear on all interpretive signage installed at the site, and is therefore an important means of creating place identity.

 

The Geographical Names Board (GNB) is the statutory authority responsible for the creation of new placenames. Prior to considering a proposal to create a new placename, the GNB requires agreement from the applicable local Council. A search of the GNB database shows no current gazetted name for the reserve. Once an application for naming is submitted to the GNB the process generally takes eight to ten months.

 

Community Consultation

 

Council officers have undertaken extensive community engagement to obtain a preferred name for the wetland and bushland area in Cranebrook. In September 2015 the local Cranebrook community was invited to submit suggested names for this natural area. For inspiration the community was provided with information on the site’s history and natural features. Details on the Indigenous history of the site was provided in collaboration with Council’s Aboriginal Liaison Officer and Community & Cultural Development Manager, and further information on the European history was also provided with assistance from Library staff. A number of suggested names were received from the community based on this information.

 

Following this process, the suggested names were taken to a wider community and stakeholder vote through a Naming Competition held in October 2015. The competition was advertised broadly and hosted online on Council’s ‘Have Your Say’ website. Through the competition the community voted in favour of the name ‘Mountain View Reserve’ which reflects the natural features and vistas from the site. As the site’s primary value is as a natural biodiversity and wetland area the proposed name is considered appropriate and is the preferred community option.

 

If Council endorses the proposed wetland and bushland area naming, it is intended to refer the name to the Geographical Names Board for consideration and implementation. Council will be advised about the decision of the Geographical Names Board.

 

Department of Planning and Environment Land

 

The NSW Department of Planning and Environment (NSW DP&E) is the current owner of the majority of the subject land, with Council holding responsibility for the care, control and management of the NSW DP&E land as well as owning small portions of the site.

 

The NSW DP&E have been engaged in the naming process, and consented to the name options prior to the Naming Competition being held. Following the community vote, the NSW DP&E have endorsed the name ‘Mountain View Reserve’ for the site and support a naming application being lodged with the GNB on their behalf. A letter of support from the NSW DP&E is attached to this report (see Attachment 1).

 

Conclusion

The proposal to name the wetland and bushland area in Cranebrook as part of Council’s grant funded restoration project is considered to be consistent with the Geographical Names Board guidelines for determining placenames. The new name is considered a positive outcome for residents and the community in Cranebrook and the wider Penrith area with respect to site identity, future access and way finding.

 

It is recommended that Council endorses the naming of the site so that an application be made to the GNB for official gazetting.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of Wetland and Bushland Restoration Area in Cranebrook be received.

2.     Council endorse an application to the Geographical Names Board for the community proposed name ‘Mountain View Reserve’ for the reserve bounded by Castlereagh Road, Nepean Street, Camelot Drive and Soling Crescent in Cranebrook.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Letter of Support from Department of Planning for proposed naming

1 Page

Appendix

2.  

Site Location and Boundaries

1 Page

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Letter of Support from Department of Planning for proposed naming

 

PDF Creator


Ordinary Meeting                                                                                                         29 February 2016

Appendix 2 - Site Location and Boundaries

 

PDF Creator


Ordinary Meeting                                                                                           29 February 2016

 

 

 

9

Fire and Rescue NSW Fire Safety Report   

 

Compiled by:               Craig Squires, Acting Building Compliance Coordinator

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We care for our environment

Strategy

Support our communities to live more sustainably and use resources wisely

Service Activity

Deliver education and communication programs

      

 

Executive Summary

Council is in receipt of reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area.  Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected following a complaint received.  Details of the complainants were not provided.

 

Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection by Fire and Rescue NSW to be tabled at a Council meeting.

 

Most of the issues raised by Fire and Rescue NSW were of a minor nature and some had already been addressed prior to Council Officers inspecting the premises.  Other issues may take longer to resolve and this could result in the issue of fire safety orders.

 

This report recommends Council continue to monitor the premises as part of its Fire Safety Audit Program with a view to ensuring essential fire safety measures are being maintained in the buildings. It is also recommended that Council advise Fire and Rescue NSW of its decision.

Statutory Process

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act (the Act).  This report relates to such a circumstance where Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, Fire and Rescue NSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When a Council receives advice from Fire and Rescue NSW that they have inspected a premises under Section 118L of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to give an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of Fire and Rescue NSW.


 

 

The details of Fire and Rescue NSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

46 Mulgoa Road, Penrith

 

Inspection report received from Fire & Rescue NSW concerning, smoke detectors allegedly covered with plastic covers, no evacuation diagrams, inadequate fire safety measures, obstructions in paths of travel, insufficient maintenance and other non-compliances.

 

An inspection of the premises revealed that most of the matters identified by Fire & Rescue NSW were justified. A Notice of Intention to serve an Order was issued requiring a number of minor works to be addressed. A reinspection by Council Officers revealed that the issues have been rectified.

 

No further action is necessary.

 

Conclusion

All fire safety issues identified by the Fire and Rescue NSW and Council will need to be addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Audit Program.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Fire and Rescue NSW Fire Safety Report be received.

2.     Council continue to monitor properties as part of its Fire Safety Audit Program.

3.     Council Officers update Fire and Rescue NSW of its decision.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           29 February 2016

 

 

 

10

Participation in the One Tree Per Child Program   

 

Compiled by:               Carmel Hamilton, Sustainability Co-ordinator

Authorised by:            Allegra Zakis, Acting Workforce and Workplace Manager

Janet Keegan, Children’s Services Manager  

 

Outcome

We care for our environment

Strategy

Support our communities to live more sustainably and use resources wisely

Service Activity

Implement a coordinated program of community engagement activities

      

 

Executive Summary

This report introduced the One Tree Per Child program developed by Jon Dee and recommends that Council endorse participation in the program. Participation will be supported by delivery of a joint project between Sustainability and Children’s Services that can be delivered using existing operational budgets.

Background

One Tree Per Child (OTPC) is a program developed by Jon Dee, former Australian of the Year and founder of National Tree Day and supported by Olivia Newton-John as ambassador. The aim of the project is to ‘enable as many children as possible to plant a tree and see it grow in their town or city’. The program was launched in the United Kingdom with 36,000 trees planted in the City of Bristol in 2015. It has now been expanded to Australia, with Waverley and Bourke Councils coming on board.

 

Jon Dee recently visited Council and expressed interest in partnering with Penrith to launch a project. OTPC have offered promotion and public relations support for an agreed project under the banner of OTPC, as well as assistance in developing curriculum based materials to support the education component of a project. Partnering with OTPC is free of charge.

 

The program offers Council an opportunity to join an established program that closely aligns with existing actions in our Operational Plan 2016-17, as well as a number of actions within the recently adopted ‘Cooling the City Strategy’. The project will also contribute directly to the implementation of a number of actions under the National Quality Standards for Childcare.

 

Project Implementation

Staff from Children’s Services and Sustainability have developed a collaborative project that can be delivered within existing operational budgets and that will contribute towards the implementation of actions identified within the current Delivery Program and in the National Quality Standards for Childcare. Should Council endorse participating in the OTPC program this project will be delivered under the program banner, allowing Council to access the resources provided.

 

The proposed project will include the following elements:

 

1.   There are 4,000 families accessing Council’s children’s services annually. Each family will be offered a tube stock shrub or small tree to take home and plant. A variety of plants will be made available to cater to the space available and the needs of individual families. Families will be asked to sign a pledge committing to participating in the program by planting and looking after their tree. In addition to the Council run centres, there are also a large number of privately owned childcare centres within the Penrith local government area. These centres will be offered the opportunity to participate in the plant giveaway.

 

2.   All children attending the Council and private centres will benefit from curriculum resources developed as part of the project that promote sustainability and wellbeing aspects of trees in cities. These lessons and activities will be provided free of charge so that they can be delivered within the centres in the lead up to, and following the plant giveaway.

 

3.   The project will also see the planting of a number of trees within council owned centres that have been identified through a comprehensive shade audit undertaken at all centres. Tree species will be determined based on the individual requirements of each site, and in conjunction with specialist advice from landscape architects. Those centres that fall within hotspots that have been identified in Council’s Cooling the City Strategy will be prioritised for implementation.

 

4.   A comprehensive media and communications campaign will be implemented to support the project, promoting the implementation of the Cooling the City Strategy and the sustainability of Council’s Children’s Services.

 

The project will result in physical improvements to Council’s childcare centres, as well as adding to green cover within the City. The project will also act to engage and educate the children and families that attend both Council run and privately owned childcare centres about the importance of trees in our city both now and in the future.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Participation in the One Tree Per Child Program be received.

2.     Council’s participation in the One Tree Per Child program be endorsed.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

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

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

11      Organisational Performance Report - December 2015                                                   89

 

12      Audit Committee                                                                                                               95

 

13      Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015                                              98

 

14      Nepean District Tennis Association                                                                                101

 

15      Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016 104

 

 

 

 

 

 

 



Ordinary Meeting                                                                                           29 February 2016

 

 

 

11

Organisational Performance Report - December 2015   

 

Compiled by:               Geraldine Brown, Budget Accountant

Samantha Sutherland, Corporate Planning Officer

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program and one year Operational Plan and focuses on the period of 1 July to 31 December 2015. The report should be read in conjunction with the Organisational Performance Report – December 2015 which records our progress in implementing the organisation’s operating and capital projects.     

 

At 31 December 2015, 99% of Council’s 243 capital and operating projects were ‘on target’ or ‘completed’.

 

Council adopted a balanced budget for 2015-16. The December Quarter has resulted in a small surplus for the quarter of $24,380 and a surplus for the full year of $72,802.

 

This report recommends that the Organisational Performance Report is received, and also recommends that the revised budget estimates identified in the report and detailed in Attachment 1 is adopted. A copy of the Organisational Performance Report has been provided separately to Councillors.

Organisational Performance summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six months from 1 July to 31 December 2015. Over the 6 months, 99% of the projects identified for completion in 2015-16 have progressed as expected with 21% being completed and only 1% (3) experiencing delays.

 

Table 1 – Summary of Organisational Performance at 31 December 2015

 

Completed

On target

Attention required

 

No

%

No

%

No

%

Service Activities

0

0

126

100

0

0

Action

3

5

60

94

1

1

Capital Projects

38

26

109

73

1

1

Operating Projects

12

13

81

85

2

2

Totals

53

12

376

87

4

1

 

 

As shown in the table above, 1 capital project, 2 operating projects and 1 action have been identified as ‘requiring attention’. Detailed comments, including proposed remedial actions, are outlined in the Exception Report which forms part of the attached Organisational Performance Report – December 2015.

Organisational Highlights

In October 2015 IPART deemed Council to be ‘Fit for the Future’, providing an independent endorsement not only of the recent Financial Capacity Review, but also of the work done over the past 10 years in maintaining our assets and looking to achieve productivity improvements.  Several surrounding Councils were not declared ‘fit’, showing that IPARTS assessment considered more that recommendations for proposed amalgamations put forward by the Office of Local Government. 

Council has continued its community engagement program with consultation occurring with the community regarding the local infrastructure and services we need as well as a special rate proposal.

Council undertook an exciting and innovative new direction in deliberative democracy with the formation of the Penrith Community Panel.  The Penrith region is changing, and so are our communities. These changes bring new opportunities, but also challenges as well. 

To provide direction on what our community believes we need to do to be ready for the future, 34 statistically representative residents were selected to be on our Community Panel. The Panel considered the question “What local services and infrastructure do we need in Penrith? What should we do, to what level of quality, and how should we pay for it?”

The process was coordinated independently by the not-for-profit research organisation newDemocracy Foundation. The Panel met six times between September and December 2015 and has deliver its final recommendations on 8 February 2016.

Council’s newly adopted ICT strategy has paved the way for a more contemporary ICT environment. The investment in ICT has seen us travel down the road to having cloud-based infrastructure and contemporary telecommunication services that will both increase our productivity and improve our customer service. 

In 2016 the focus changes from foundation building to integration, enhancement and enablement.  The Connect Project will focus on the theme of ‘Tomorrow’s Penrith’, addressing our future needs by ensuring we have a well-enabled workforce, helping to improve productivity and customer service.

Financial Position Summary

As previously reported in the September Quarterly Review Council delivered a balanced budget in the adoption of the 2015-16 Operational Plan. The September quarter reported some significant variations to the predicted annual budget, including a number of proposed allocations that once adopted and combined with other variations adopted during the first quarter provided for a projected surplus of $48,422 for 2015-16. The September Quarter’s result comprised mainly positive variations to the original budget with the most notable being savings relating to additional development applications ($308,502) and rates income ($288,926), savings in debt servicing costs ($181,055), and a decrease in the postage budget ($73,075). These positive variations were in part been offset by additional funding to the Woodriff Gardens Tennis Facility redevelopment ($181,844) and an additional contribution to the National Growth Areas Alliance ($33,084). The June 2015 Quarterly Review included an allocation of $1m to the new Major Projects Reserve and capacity identified in the September Quarterly Review enabled a further $500,000 to be allocated to this Reserve bringing the current balance to $1.5m ahead of any projects being confirmed.

 

The December quarter again presented a positive result with a surplus of $72,802 at this stage being projected for the full year. This result comprises mainly positive variations to the original budget, with the most notable for the December Quarter being additional interest on investments ($300,000), rates income ($311,953) and development related income ($172,475), and an increase in the estimated Street Lighting Subsidy ($146,000). These positive variances have provided the capacity to allocate additional funds ($250,000) to Reserve for Information Communications and Technology (ICT) projects that continue to be rolled out as our new ICT Strategy is implemented to ensure we are able to continue to drive productivity and improve customer experiences. Recent ICT projects and upgrades in the last year include the upgrade of Council’s telephone system, enhancing redundancy of our network, upgrading of our operating environment, commencing the transition to the cloud and Civic Centre data cabling upgrades.  A further $500,000 is proposed to be allocated to a new Productivity Projects Reserve to support upfront investment in new technologies, initiatives and systems crucial in achieving and bringing forward long term productivity savings.

 

Net organisational salary savings of $282,983 have also been identified in this quarter. In keeping with Council’s adopted practice these salary savings will be retained within the employee cost budget at this stage and not be reallocated. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2016 Review. 

 

In addition to these adjustments a total of $515,244 of revotes is proposed as a result of the December quarter review as the works are not expected to be completed in the current financial year.  Further details on significant proposed major variations are provided later in this report with all variations and revotes detailed in the attached Organisational Performance Report – December 2015.

Financial Position for the December Quarter

The financial position of Council for the quarter is expressed by providing information, in compliance with Quarterly Budget Review Statement (QBRS) requirements, on:

·    Budget Position (whether balanced/surplus/deficit)

·    Significant Variations

·    Funding Summary

·    Reserve Movements for the quarter, and

·    Capital and Operating Budget Projects list

·    Key Performance Indicators

·    Income & Expenses

·    Income & Expenses by Program

·    Capital Budget

·    Cash & Investments

·    Contracts and Other Expenses

·    Consultancy and Legal Expenses

 

Budget Position

 

$000’s

Original Budget Position

0

September Quarter Variations

48.4

December Quarter Variations

December Review Variations

0

24.4

Revised Surplus/(Deficit)

72.8

 

The predicted cumulative result for the year as at December 2015 is a surplus of $72,802 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the Review with their impact on the budget position                (F – Favourable, U – Unfavourable and A - Allocation).

 

Further details together with all proposed major and minor variations, and reserve movements detailed in Attachment 1Organisational Performance Report – December 2015.

 

Net Employee Costs

During the second quarter of 2015-16 salary savings have been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings net of those being retained by departments is a total of $282,983.

 

It is proposed as part of the December Quarterly Review that the salary savings of $282,983 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for resignations and retirements. Any remaining savings at year end could then be transferred to the ELE Reserve.

 

Rates - $311,953 F (0.3%)

Additional rates income has resulted from greater subdivision activity occurring ahead of predicted timing in the Long Term Financial Plan (LTFP), most recently in Jordan Springs resulting in additional income generated in the current year. A large residential land release in Jordan Springs was also registered in early December 2015 and this will generate further rates income within the current financial year once supplementary valuations are received.  This income was predicted to be received in future years of Council’s LTFP and as such does not substantially increase Council’s financial capacity in future years.

 

Interest on Investments - $300,000 F (28%)

Earnings on Council’s investment portfolio have exceeded budget estimates for the first half of this financial year, despite interest rates on offer having remained steady during the six months to December 2015. The investment portfolio balance has been higher than originally anticipated, averaging close to $100 million, evenly split between restricted and untied funds. Interest earned on these invested funds has therefore exceeded original estimates and as part of the December Quarterly Review the budget for untied interest on investments can be revised by an additional $300,000.

 

Development Related (DA) Income - $172,475 F (8%)

Development Application (DA) income is ahead of forecast for a number of reasons relating to the actual blend of applications submitted and also the value of development.  There has continued to be an increase in the number and average valve mixed use and multi-unit DA’s with the average value of development above forecast.  Similarly, the number of dual occupancy/secondary dwelling DAs has also had a slightly greater than that predicted.  This has resulted in the overall growth in residential development being higher than originally estimated. It is important to note that this additional income is inclusive of a significant Plan First Levy component, which increases relative to the value of applications submitted.

 

Energy Efficient Street Lighting - $60,000 U (18%)

The Light Years Ahead street lighting improvement program has seen close to 1,000 street lights changed over to new energy efficient LED fittings by Endeavour Energy by the end of 2015. As part of this process Council has incurred an additional charge of $60,000 as a residual payment for the decommissioning of the replaced lights. This has been offset in the overall street lighting budget by an increase to the street light subsidy.

 

Street Lighting Subsidy - $206,000 F (69%)

The Traffic Route Light Subsidy Scheme payment received from the Roads and Maritime Services (RMS) in 2014-15 was $206,000 greater than budgeted. It is proposed to increase the budgeted income in 2015-16 to match that received in the prior year. The budget for the Traffic Route Light Subsidy Scheme is based on historical amounts received and Council has no knowledge or control over the amount to be received each year. The RMS has recently completed a review of eligible street lighting inventory and subsidy payments from 2014-15 are based on the revised inventory.

 

Transfer to Productivity Reserve- $500,000 A

Council’s continued commitment to productivity improvements and savings has been a key element that underpins the Financial Capacity Review and will help to deliver the aspirations for the City alongside the SRV.  Investment in new technologies and systems will be key to achieving these productivity savings in the long term and the December Review provides the capacity to allocate $500,000 to Reserve to ensure that we have the ability to up front fund these initiatives as they come forward with a view that the initial savings would repay these up front investments before being returned to General Revenue.

 

Transfer to Procedures & Systems Team Reserve - $250,000 A

Council has undertaken a number of Information Technology projects and upgrades in the last year including the upgrade of Councils Telephone system and Civic Centre data cabling funded by Reserve. A transfer of $250,000 to Reserve is proposed in the December Quarterly Review to enable technology improvements to continue.

 

The implementation of Council ’s ICT Strategy has been a significant priority for Council over the last 12-18 months and this review provides capacity to propose the allocation of additional funds ($250,000) to Reserve for Information Communications and Technology (ICT) projects that continue to be rolled out. Recent ICT projects and upgrades in the last year include the upgrade of Council’s telephone system, enhancing redundancy of our network, upgrading of our operating environment, commencing the transition to the cloud and Civic Centre data cabling upgrades.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance report – December 2015. In addition to these adjustments a total of $515,244 of planned operating projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed December Quarter revotes) is $515,244, compared to $4,543,201 for the same period in 2014-15.

Conclusion

The Organisational Performance Report – Quarterly Review December 2015 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2016.

 

The Organisational Performance Report – December 2015 will be placed on Council’s website, and will be available in hard copy on request.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Performance Report - December 2015 be received

2.     The Organisational Performance Report - December 2015 as at 31 December 2015, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – December 2015 be adopted.

 

 

ATTACHMENTS/APPENDICES

1.  

Organisational Performance Report - December 2015

84 Pages

Attachments Included

  


Ordinary Meeting                                                                                           29 February 2016

 

 

 

12

Audit Committee   

 

Compiled by:               Peter Browne, Internal Auditor

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

This report provides information on the meeting of the Council’s Audit Committee held on
9 December 2015.  

Background

The Audit Committee operates under a charter created by Council Resolution of 13 November 2006.  The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  Council’s Charter of Internal Audit documents the agreement between the General Manager and the Audit Committee on how Internal Audit operates. One of the key functions of the Audit Committee is to monitor the Internal Audit function. 

 

The NSW Local Government Internal Audit Guidelines (issued September 2010) provide that:

 

An audit committee plays a pivotal role in the governance framework.  It provides councils with independent oversight and monitoring of the council’s audit processes, including the council’s internal controls activities.

Current Situation

The Audit Committee met on 9 December 2015 and adopted the draft minutes of the prior meeting (as provided to Council on 28 September 2015) without alteration.  The Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council and a copy of the draft minutes of the last meeting are appended to this report. 

 

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

1.  

Minutes of Audit Committee Meeting  9 Dec 2015

2 Pages

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Minutes of Audit Committee Meeting  9 Dec 2015

 

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Ordinary Meeting                                                                                           29 February 2016

 

 

 

13

Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015   

 

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

The Office of Local Government (OLG) advised Council late last year of an amendment to the Local Government Act 1993 which resulted in the Local Government Amendment (Councillor Misconduct and Poor Performance) Act and its commencement on 13 November 2015.

 

The amendments are designed to more effectively deter and address Councillor misconduct, streamline the process of misconduct and to ensure more efficient outcomes, promote community confidence in planning decisions, remove impediments to effective action in response to serious corrupt conduct, maximise the effectiveness of Performance Improvement Orders and more effectively address Council maladministration.

 

As a result of the change to the Act there have been a number of minor wording changes throughout the Model Code of Conduct (the Code), which reflect the changes identified in the amendment to the Act and specifically an amendment to clause 4.29 which will be outlined in this report.

Background

From time to time the OLG amends or updates the Model Code of Conduct. Council last adopted the Model Code of Conduct on 11 February 2013 and given the commencement of the amendment Act and the amendment to clause 4.29 of the Code it is now appropriate to adopt the revised Model Code of Conduct as required by the OLG.

 

Current Situation

 

The OLG has advised all Councils of an amendment to the Local Government Act 1993 made by the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015. The change in the Act has resulted in a review of the Model Code of Conduct and in particular a change to clause 4.29 of the Code which requires Council to amend the currently adopted Code with the revised version attached to this report.

 

The amendments to the Act are designed to:

·    Ensure a faster but fair investigation process for councillor misconduct;

·    Remove impediments to effective action in response to serious corrupt conduct;

·    Maximise the effectiveness of Performance Improvement Orders issued by the Minister for Local Government to a Council; and

·    More effectively address Council maladministration.

The Councillor Circular issued on this matter (attached) outlined that:

·    As of the commencement date, Councillors who have previously been suspended on two or more occasions will be automatically disqualified from holding office in a Council for 5 years if they are suspended on a further occasion. The Office has written directly to Councillors who have been suspended on two or more occasions to inform them of this change.

 

·    The definition of “misconduct” has been expanded to include acts or omissions by Councillors that are intended to prevent the proper or effective functioning of a council or a committee of a Council (e.g. by disrupting decision making). Penalties for Councillor misconduct include suspension and disqualification from holding office.

 

·    Councillors will no longer be permitted to participate in the consideration of the making, amendment, alteration or repeal of an environmental planning instrument applying to the whole or a significant part of their local government area they have pecuniary interests in unless:

the only interests affected by the changes are the interests they or their relatives have in their principal places of residence; and

they have made a special disclosure of the affected interests.

 

A more detailed summary outlining the changes to the Act are provided at Attachment 3 to this report.

 

The complimentary amendment of the Code will mean that councillors with significant non-pecuniary conflicts of interest in the making, amendment, alteration or repeal of an environmental planning instrument applying to the whole or a significant part of their local government area will no longer be permitted to participate in consideration of those matters unless:

 

·    The only interests affected by the changes relate to the interest a person (e.g. a close friend or affiliate of a Councillor) has in their principal place of residence; and

·    The Councillor has disclosed the affected interests.

 

In respect of the new Model Code of Conduct, it is proposed that the Council adopts both the New Model Code and the Procedures for the Administration of the Model Code of Conduct, with the addition of the following paragraph that has been part of the Council’s Code since it was first adopted in 2005. It is considered that this additional paragraph should continue in the Council’s Code of Conduct to provide a greater level of transparency.

 

“If you buy or sell property in the Penrith local government area, other than your own home, you must notify the General Manager within a reasonable time after the transaction has been completed (settlement)”.

 

Conclusion

 

The OLG has advised that the amendment of the Local Government Act 1993, through the commencement of Local Government Amendment (Councillor Misconduct and Poor Performance) Act and the change to the Code has been designed to ensure a faster, fairer and more efficient process when dealing with misconduct and maladministration. Council should note the commencement of Act and also adopt the amended Model Code of Conduct as required by the OLG to reflect the amendment to clause 4.29.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015 be received

2.     Council adopts the amended Model Code of Conduct as the Council’s Code of Conduct, and the Procedures for the Administration of the Code of Conduct incorporating the suggested amendment contained within this Report.

 

 

ATTACHMENTS/APPENDICES

1.  

Model Code of Conduct

24 Pages

Attachments Included

2.  

Procedures for Model Code of Conduct

44 Pages

Attachments Included

3.  

OLG Circular 15-41

4 Pages

Attachments Included

4.  

Summary of Amendments to Act

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                           29 February 2016

 

 

 

14

Nepean District Tennis Association   

 

Compiled by:               Andrew Robinson, Recreation Manager

John Gordon, Parks Manager

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The extensive refurbishment project for the Woodriff Gardens Tennis Complex, licensed to the Nepean District Tennis Association (NDTA) is nearing completion. Eight courts have now been completed and are operational. The NDTA now have access to 12 of their 14 courts and work has commenced on the final two courts, which are anticipated to be completed in late March. The total cost of the works is approximately $1.15m, with Council’s contribution being $860,000.

 

At the request of the General Manager the Executive Manager City Assets, Acting Executive Manager Corporate and the Acting Assistant General Manager met with the CEO and members of the Board of the NDTA on Monday 8 February 2016. At that meeting their current financial position, particularly their current obligations and their plans for the future were discussed.

 

Following this meeting a formal request for financial assistance was received from NDTA on Friday 12 February 2016. The assistance being sought is;

·    Cancellation of existing outstanding amount to Penrith Council (approx. $16,000)

·    An extension of the current lease free period for a further 12 months

·    Possible cash injection if required at a later date.

This report recommends that an offer of assistance be made to the Nepean District Tennis Association to write off the outstanding amounts owed to Council by the Nepean District Tennis Association, up to the value of $16,000, and that the current licence be amended to defer payment of the first year’s monthly licence fees, to be recovered equally over the final 4 years of the licence.

Background

The construction work on the redeveloped of the Woodriff Gardens Tennis Complex commenced on 10 September 2015.  Early in the process issues were identified with the previous court pavement works resulting in the need to undertake extensive pavement remediation.  At the Ordinary Meeting of Council held 26 October 2015, Council considered a report that provided an update on the works and potential options to complete the project and resolved to contribute an additional $530,000 to the project. Subsequent project variations will see this figure reach approximately $650,000.

 

The revised program showed that 8 courts were due to be completed on 22 December.  Subsequent variations have delayed the program including –

 

·    Additional lime stabilisation works - 1 week

·    Asphalting program delayed due to contractor availability – 1 week

·    Floodlighting replacement due to previous poor work practices – 1 week

·    Surface Application – wet weather (Wettest January since 1972)

 

Eight of the ten courts have now been completed and are operational. The courts are now generating revenue for the NDTA through permanent / casual bookings, competitions, school use and coaching. The reconstruction of the final two courts has commenced with the project scheduled to be completed in late March, just prior to the NDTA’s annual Easter tournament.

 

The total cost of the project is projected to be $1.15m, and funded as per below:

 

                  

Tennis NSW

$75,000

NSW Government

$75,000

NDTA Licence fees (5 years)

$142,500

Penrith City Council

$860,000

 

$1,152,500

 

 

Current Situation

At the commencement of the project it was recognised that the operations of the NDTA would be impacted upon by the program of works. To mitigate this impact Council officers have been facilitating free access for the NDTA to all tennis court across the City, as they have requested, in order for them to implement their programs and maintain services to their members. This free access has remained in place for the duration of the extended construction program. The NDTA have made use of this arrangement, frequently accessing Emu Plains Tennis Courts and those at Parkes Avenue, Werrington. This use equates to approximately 500 hours of court time and fee relief to the value of $6,000.

 

The Licence Fee (Rental) of $2,375 per month, that is to be used to repay the interest free loan of $142,500 ($2,375/month for 5 years) representing the NDTA’s contribution to the project has been deferred until such time as the NDTA is fully financially operational at Woodriff Gardens.

 

The licence agreement was signed with the NDTA and came into operation on 31 August 2015. The licence agreement was due to expire in July 2020, however will now need to be amended to reflect the deferral during the construction period. The new licence agreement requires that Council now take over responsibility from the NDTA the:

 

-     Grounds maintenance (lawns, weeding etc),

-     Building property and infrastructure maintenance and replacement,

-     Garbage removal from central pick up bins, and

-     Fence and lighting repairs and maintenance.

 

Following representations by NDTA and Tennis NSW Council officers met on 8 February 2016 with the CEO and Board members to discuss their financial situation. Since that meeting the Acting Executive Manager Corporate has been liaising with the CEO to ensure all operational matters in relation to the financial liabilities of the NDTA are being managed.

A formal request for assistance was received on 12 February 2016.  The assistance being sought is;

·    Cancellation of existing outstanding amount to Penrith Council (approx. $16,000)

·    An extension of the current lease free period for a further 12 months

·    Possible cash injection if required at a later date.

It was also requested and agreed that Council’s Communications and Marketing team will assist with media releases and other media to promote the new courts.

 

The request has been considered and following the Councillor Briefing on this matter this report recommends that Council make an offer to the NDTA that:

 

-     Council write off the outstanding amounts of the Nepean District Tennis Association to Council, up to the value of $16,000,

-     The current licence be amended to defer payment of the first year’s monthly licence fees, to be recovered equally over the final 4 years of the licence.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Nepean District Tennis Association be received

2.    Council offer assistance to the Nepean District Tennis Association and

-     Council write off the outstanding amounts of the Nepean District Tennis Association to Council, up to the value of $16,000,

-     The current licence be amended to defer payment of the first year’s monthly licence fees, to be recovered equally over the final 4 years of the licence.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           29 February 2016

 

 

 

15

Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            David McIllhatton, Acting Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 January 2016 to 31 January 2016 and a reconciliation of invested funds at 31 January 2016.

 

The investment returns for the period are:

·    Council portfolio current yield                            2.99%

·    90 day Bank Bill Swap rate                      2.30%

·    Floating Rate Notes (return for the period)       3.43%

 

The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 January 2016.

Vicki O'kellyh
Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016 be received

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2016 to 31 January 2016 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2016 be noted.

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments & Banking

6 Pages

Appendix

  


Ordinary Meeting                                                                                                         29 February 2016

Appendix 1 - Summary of Investments & Banking

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday February 29 2016

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Senior Staff Matter                                                                         2

 

3        Organisational Restructure                                                                                                 2

 

 

 

 


Ordinary Meeting                                                                                           29 February 2016

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)          information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)           matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)          the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Senior Staff Matter 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Organisational Restructure

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 29 February 2016

Report Title:            Organisational Performance Report - December 2015

Attachments:           Organisational Performance Report - December 2015



Ordinary Meeting                                                                                                         29 February 2016

Attachment 1 - Organisational Performance Report - December 2015

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 29 February 2016

Report Title:            Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015

Attachments:           Model Code of Conduct

                                Procedures for Model Code of Conduct

                                OLG Circular 15-41

                                Summary of Amendments to Act



Ordinary Meeting                                                                                                         29 February 2016

Attachment 1 - Model Code of Conduct

 

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Ordinary Meeting                                                                                                         29 February 2016

Attachment 2 - Procedures for Model Code of Conduct

 

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Ordinary Meeting                                                                                                         29 February 2016

Attachment 3 - OLG Circular 15-41

 

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Ordinary Meeting                                                                                                         29 February 2016

Attachment 4 - Summary of Amendments to Act

 

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ATTACHMENT       

 

 

 


Date of Meeting:     29 February 2016

 

Delivery Program:   Outcome 7 

 

Service:                   Financial Services

 

Report Title:             2015-2016 Voted Works