Council_Mark_POS_RGB

18 May 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 23 May 2016 at 7:30AM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

                   Leave of absence has been requested by:

Councillor Jackie Greenow OAM – 20 May 2016 to 29 May 2016 inclusive.

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 18 April 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

Access Committee Meeting - 13 April 2016.

Local Traffic Committee Meeting - 2 May 2016.

Policy Review Committee Meeting - 9 May 2016.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 23 May 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 18 APRIL 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, Tricia Hitchen and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Michelle Tormey for the period 8 April 2016 to 27 April 2016 inclusive.

97  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM that leave of absence be granted to Councillor Jim Aitken OAM for his non-attendance at the meeting.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 21 March 2016

98  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen that the minutes of the Ordinary Meeting of 21 March 2016 be confirmed.

 

DECLARATIONS OF INTEREST

Her Worship the Mayor Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in COW Item 2 – Status on Litigation and Compliance Matters and COW Item 5 - Legal Status of Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting Lot 122 DP 709303 (No. 41-47) Jolly Street, Castlereagh as her son was previously employed by a company which is one of the subjects of this report.

 

 

SUSPENSION OF STANDING ORDERS

99  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:36pm.

 

Mr Alex Karavas

 

Item 3 – Reclassification of Public Land in St Marys Town Centre

 

Mr Karavas, an interest citizen and business owner, spoke against the proposed recommendation, clarifying the role he believed green space will play for St Marys residents in the future. Mr Karavas then expressed concern about the loss of car parking spaces in the Queen Street business district, which would not support the local businesses in Queen Street.

 

100  RESOLVED on the MOTION of Councillor Prue Car MP seconded Councillor Ross Fowler OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7:42pm

 

Mr Karavas concluded by requesting Council not to reclassify the lands referred to in the report.

 

Mr Neil Ingham

 

Item 3 – Reclassification of Public Land in St Marys Town Centre

 

Mr Ingham, representing Scentre Group, spoke against the proposed recommendation, stated his concern that the proposed reclassification of Lang Park and Kokoda Park in St Marys Town Centre is inconsistent with the recommendations of the report. Mr Ingham expressed that the open space planning for town centres needs to carefully examine not just the quantity but also the quality of open space, the location of where it is located, the availability of the land, accessibility and how it is developed to best serve the future development of the centre. Mr Ingham also expressed concern that Westfield in Penrith has not been given similar opportunities.

 

101  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jackie Greenow OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7:53pm.

 

Mr Martin concluded that this reclassification proposal requires a total re-evaluation of the adopted strategy and require that the reclassification of the community land encompassing the open space parkland of Kokoda Park and Lang Parl not take place until these key matters have been resolved.

 

Mr Phillip Martin

 

Item 3 – Reclassification of Public Land in St Marys Town Centre

 

Mr Martin, an interested citizen, spoke against the proposed recommendation and expressed his concerns regarding areas 1 and 2 of attachment two from Community land to Operational land, however stated that he had no objection to the reclassification of areas 3, 4, 5 and 6.

 

Mr Martin voiced his concern about the impact redevelopment will have on shops in Queen Street and he is against the reduction of open space within the St Marys Town Centre.

 

RESUMPTION OF STANDING ORDERS

102  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 8:08pm.

 

Mr Martin concluded by expressing his concern that the population in St Marys will increase while the open space will be reduced. Mr Martin believes that St Marys Village Shopping Centre can be further developed by building over the existing carparks at the Village site allowing Kokoda and Lang Parks remain as community land.

  

Mayoral Minutes

 

1        Recognising the role of women in our City

Councillors Greg Davies, Prue Car MP, Marcus Cornish, John Thain, Mark Davies, Kevin Crameri OAM, Tricia Hitchen, Bernard Bratusa and Maurice Girotto spoke in support of the Mayoral Minute.                                                                                                                            

103  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Recognising the role of women in our City be received.

 

2        Eight staff awarded the Louise Petchell Sustainability Scholarship 2016                 

104  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on the Eight staff awarded the Louise Petchell Sustainability Scholarship 2016 be received.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 April 2016                                                                                                                           

105  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 April, 2016 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith City Children’s Services Cooperative (PCCSC) Ltd – Composition of the Board                                                                                                                                  

106  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Penrith City Children’s Services Cooperative (PCCSC) Ltd – Composition of the Board be received.

2.    Council endorse the appointment of Susan Day to a community representative Director position on the Penrith City Children’s Services Cooperative Ltd.

 

Procedural Motion

107  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Item 3 – Reclassification of Public Land in St Marys Town Centre be brought forward to be considered immediately following Item 1 – Penrith City Children’s Services Cooperative (PCCSC) Ltd – Composition of the Board.

 

Outcome 2 - We plan for our future growth

 

3        Reclassification of Public Land in St Marys Town Centre

Councillor Greg Davies left the meeting, the time being 8:50pm

Councillor Greg Davies returned to the meeting, the time being 8:52pm

108 A MOTION was MOVED by Councillor Greg Davies seconded Councillor Prue Car MP that an eighth recommendation be added.

That:

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

2.    Council proceed with the proposed reclassification of the land identified in Attachment 2.

3.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal (provided separately to Councillors as a separate enclosure and available on Council’s website) before submitting it to the Minister for Planning.

4.    Council officers forward the Planning Proposal to the Minister for Planning with a request that he make the necessary amendments to Penrith Local Environmental Plan 2010.

5.    Any commercial transaction for the Land identified in Attachment 2 include a requirement that any future development must demonstrate how it will deliver the strategic objectives identified in this report.

6.    Should any sale of the land identified in Attachment 2 be agreed in the future, Council undertake an exercise to identify spending commitments and priorities for the proceeds of that sale.

7.    Penrith Development Control Plan 2014 be amended to secure implementation of the strategic directions identified in this report.

8.     Council determine a consultation plan regarding any proposals on the reclassified land at St Marys and further to that, that the plan include a Working Party, the makeup of that Working Party to include nominated community representatives and St Marys Town Centre management who will have input into any future proposals.

An AMENDMENT was MOVED by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the item be deferred until the next Ordinary Council meeting to allow for community consultation.

The AMENDMENT was PUT.

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

For

Against

Councillor Maurice Girotto

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Ben Goldfinch

Councillor Jackie Greenow OAM

Councillor Bernard Bratusa

Councillor Marcus Cornish

Councillor Prue Car MP

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

The AMENDMENT was LOST.

The MOTION was PUT.

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

For

Against

Councillor John Thain

Councillor Maurice Girotto

Councillor Ben Goldfinch

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

Councillor Jackie Greenow OAM

Councillor Prue Car MP

Councillor Marcus Cornish

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

 

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

 

2        Development Application DA15/0636 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 39 Apartments & Basement Car Parking at Lots 103-104 DP 14333 (Nos 12-14) Fulton Street, Penrith Applicant: Morson Group Pty Ltd;  Owner: ~Melissa Wise & Arioke Degei

Councillors Marcus Cornish and Jackie Greenow OAM left the meeting, the time being 9:05pm

Councillor Marcus Cornish returned to the meeting, the time being 9:08pm

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

That:

1.    The information contained in the report on Development Application DA15/0636 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 39 Apartments & Basement Car Parking at Lots 103-104 DP 14333 (Nos 12-14) Fulton Street, Penrith be received.

2.    The variation to the maximum building height standard under Clause 4.6 of Penrith Local Environmental Plan 2010 be supported.

3.    Development Application DA15/0636 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 39 Apartments & Basement Car Parking at Lots 103-104 DP 14333 (Nos 12-14) Fulton Street, Penrith be approved subject to the following conditions of consent:

Standard Conditions

A001 - Approved plans

A008 - Works to BCA requirements

A014 - Lot consolidation

A019 - Occupation Certificate

A038 - Lighting system

A046 - Obtain Construction Certificate before commencement of works

B002 - AS for Demolition and disposal to approved landfill site

B003 - Asbestos

B004 - Dust

B005 - Mud/soil

B006 - Hours of work

D001 - Implement approved erosion and sediment control measures

D007 - Cut and fill limited to footprint

D009 - Covering of waste storage area

D010 - Appropriate disposal of excavated or other waste

E01A - BCA compliance

E009 - Annual fire safety statement

F006 - Rainwater tank and nuisance

G002 - Section 73 Certificate

G004 - Endeavour Energy clearance

G006 - NBN connection

H001 - Stamped plans and erection of site notice

H002 - During construction requirements

H025 - Garbage room requirements

H036 - Rainwater tank construction requirements

H037 - Safe supply of water from rainwater tank catchment area

H038 - Connection of rainwater tank supply

H039 - Rainwater tank pumps

H041 - Hours of work

H042 - Adaptable dwelling certification

K101 - Works at no cost to Council

K201 - Infrastructure bond

K202 - Roads Act works and structures

K203 - Roadworks requiring approval of civil drawings

K209 - Stormwater discharge

K210 - Stormwater management

K211 - Stormwater discharge for basement car parks

K223 - Access, car parking and manoeuvring

K224 - Construction traffic management plan

K225 - Performance bond

K302 - Traffic control plan

K405 - Turf to verge

K501 - Penrith City Council clearance for Roads Act works

K502 - Works as executed plans

K504 - Stormwater compliance

K505 - Restriction as to user and positive covenant (OSD and WSUD)

K515 - Maintenance bond

K601 - Stormwater management system operation and maintenance

L001 - Landscape approved plans

L002 - Landscape construction

L003 - Landscape report requirements

L005 - Planting of plant material

L006 - Landscape AS requirements

L007 - Tree protection measures

L008 - Tree preservation order

N001 - Section 94 contribution: Cultural Facilities ($12,877)

N002 - Section 94 contribution: District Open Space ($133,835)

N003 - Section 94 contribution: Local Open Space ($48,393)

Q01F - Notice of commencement and appointment of PCA

Q006 - Occupation Certificate

Special Conditions

3.1     Prior to the issue of a Construction Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the Construction Certificate plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

 

 

3.2     Prior to the issue of an Occupation Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the development achieves the design quality shown in the approved Construction Certificate plans and specifications, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

 

3.3     All mechanical ventilation equipment, ducts, air conditioner services and the like shall be shown on the Construction Certificate documentation as being contained within the building.

 

3.4     All required boundary fencing and retaining walls shall be constructed at full cost to the applicant/developer. Timber retaining walls are not permitted.

 

3.5     A minimum of 4 dwellings shall be constructed as adaptable units to meet the requirements for persons with a disability. The Construction Certificate application shall be accompanied by certification from an accredited access consultant confirming that the adaptable dwellings are capable of being modified, when required by the occupant, to comply with the Australian Housing Standard (AS 4299- 2009).

 

3.6     User/sensor electronic security gates shall be installed at car park entrances/exists, garbage and storage areas, etc or alternative access control measures provided.

 

3.7     Graffiti resistant coatings shall be used to external surfaces including blank walls, fences and outdoor furniture throughout the development.

 

3.8     Prior to the issue of an Occupation Certificate, in order to facilitate waste collection a “Loading Zone” restriction is to be implemented in front of the indented loading bay on Fulton Lane as shown on the approved site plan. The “Loading Zone” restriction shall apply to at least 14.5m north of the driveway entry to allow for the parking and loading of waste collection vehicles.

 

This arrangement is to be approved by Council’s Local Traffic Committee prior to implementation and installed at no cost to Council.

 

3.9     Prior to the issue of an Occupation Certificate, a Traffic Management Plan (TMP) is to be prepared by a suitably qualified traffic consultant addressing the one way traffic flow in Fulton Lane (north to south). This plan is to be submitted to Council’s Local Traffic Committee and the RMS prior to implementation and installed at no cost to Council.

 

This information is to be submitted to Council's Local Traffic Committee for approval prior to implementation and installed at no cost to Council.

 

3.10   The following plan amendments shall be shown on the Construction Certificate plans:

 

(a)  The east facing bedroom windows to Unit 408 are to be provided with fixed screens to mitigate privacy impacts.

(b)  The eastern balcony edges to Units 401, 402 and 501 are to be revised to provide for external screens with a minimum height of 1.8m to mitigate privacy impacts.

(c)  The southern balcony edges to Units 403 and 404 are to be revised to provide for external screens with a minimum height of 1.8m to mitigate privacy impacts to adjoining properties.

 

3.11   Prior to works commencing on site and prior to the issue of a Construction Certificate, a dilapidation report is to be prepared that provides a photographic record of the condition of adjoining structures on adjoining properties and associated structures and a photographic record of the state of Council infrastructure, including the local road reserve and adjoining cemetery.

 

3.12   Prior to the issue of an Occupation Certificate, a dilapidation report is to be prepared that provides a photographic record of the condition of adjoining structures on adjoining properties and associated structures and a photographic record of the state of Council infrastructure, including the local road reserve and adjoining cemetery.

 

Should damage be identified, rectification works are to be carried out at full cost to the developer and these rectification works are to be completed prior to the issue of an Occupation Certificate.

 

3.13   A public footpath is to be provided along both street frontages and the detailed design shall align with Penrith City Council specifications and be detailed in the Construction Certificate application and approved by Council via a Roads Act application.

 

3.14   The development is to accommodate 2 x 1,100 litre residual waste bins, 2 x 1,100 litre recycling bins and 2 x 1,100 litre service bins. Provision for these bins is to be shown on the Construction Certificate plans and bins are to be moved to the collection bay in Fulton Lane on collection day by the Building Manager and then returned to the basement after collection.

 

3.15   Prior to the issue an Occupation Certificate, the property owner or agent acting for the owner shall arrange for the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 4732 7615 for the commencement of waste services.

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

For

Against

 

Councillor Prue Car MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 Outcome 4 - We have safe, vibrant places

 

4        Glenmore Park Youth and Community Centre - Request for Licence Agreement by Quasar Constructions Commercial Pty Ltd                                                                   

110  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that the matter be deferred to a future Councillor Briefing to allow for further information to be provided including details on rental terms.

 

5        Council Property - License to Lease Part of Union Road Car Park Penrith for a Mobile Food Unit

Councillor Greg Davies left the meeting, the time being 9:12pm

Councillor Greg Davies returned to the meeting, the time being 9:17pm

Councillor Greg Davies left the meeting, the time being 9:22pm and did not return.

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:23pm                    

111  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Council Property - License to Lease Part of Union Road Car Park Penrith for a Mobile Food Unit be received

2.    Council not grant a Licence Agreement to Char Char Food Truck.

3.    A policy for Mobile Food Vans in the city be developed and brought to a future council meeting.

 

6        RFT15/16-10, Tender for the Construction of CBD Drainage Upgrade, Penrith        

112  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on RFT15/16-10, Tender for the Construction of CBD Drainage Upgrade, Penrith be received

2.    Josa Constructions Pty Ltd be awarded the contract for RFT15/16-10, Tender for the Construction of CBD Drainage Upgrade, Penrith, for an amount of $3,342,400 excluding GST subject to the appropriate bank guarantee being provided.

3.    The provisional sum of $1,100,000 be approved for the services adjustment works

4.    Council approve the expenditure of funds and the carrying out of the required project works on private land at no cost to the property owner as detailed in the report.

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

 

 

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

 

7        Australian Disability Enterprises and Disability Service Reform

Councillor John Thain left the meeting, the time being 9:24pm

Councillor John Thain returned to the meeting, the time being 9:27pm

Councillor Kevin Crameri OAM left the meeting, the time being 9:28pm                                    

113  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1.      The information contained in the report on Australian Disability Enterprises and Disability Service Reform be received.

2.      Council express its concern to the United Voice and Health Services Union in relation to their application to the Fair Work Commission to vary the award for employees in supported employment.

3.      Council forward a copy of this report to the United Voice and Health Services Union.

4.      Representatives from National Disability Services, the peak body for Australian Disability Enterprises and representatives from local service providers be invited to deliver a presentation to Council on the impacts of the proposed changes to the setting of wages for employees in supported employment.

 


 

Outcome 7 - We have confidence in our Council

 

8        Exhibition of the Revised Delivery Program 2013-17 (incorporating the 2016-17 Draft Operational Plan and Fees and Charges)

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:32pm                       

114  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1.    The information contained in the report on Exhibition of the Revised Delivery Program 2013-17 (incorporating the 2016-17 Draft Operational Plan and Fees and Charges) be received.

2.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse for public exhibition of the revised Delivery Program 2013-17 (incorporating the draft Operational Plan for 2016-17 and draft Fees and Charges 2016-17), including any amendments made at tonight’s meeting.

3.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the revised Delivery Program 2013-17 (incorporating the Operational Plan for 2016-17 and draft Fees and Charges 2016-17) be placed on public exhibition for 28 days commencing on Wednesday 27 April 2016 and closing on Wednesday 25 May 2016.

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

 

 

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

115  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

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

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

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

4.    The Agency collection methods as at 31 March 2016 be noted.

 

 

 

 

 

 

 


 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Petition - Skate Park - Cambridge Gardens/Cambridge Park

Councillor John Thain requested a report to Council on the site identified by students of Cambridge Gardens School and investigate other sites that may be suitable in the vicinity for a skate park

 

RR 2           Anti-social behaviour in park on Epping Close    

Councillor John Thain requested a reply memo to all Councillors investigating the possibility of installing bollards to prevent vehicle access to park from back yards in this location.

 

RR 3           Notice for Approval to Burn       

Councillor Kevin Crameri OAM requested that the Notice of Approval to Burn be changed to Notice of Requirements to Burn, on the envelope and also top of the letter.

 

RR 4           Adult change rooms at St Marys and Penrith       

Councillor Tricia  Hitchen requested a report to Council which identifies one place in both Penrith and St Marys CBD that would be suitable for an adult change room. The report is to include the costs of each room and identify any funding opportunities that may be available.

 

 

Committee of the Whole

 

116 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:50pm.

 

Councillors Jackie Greenow OAM, Marcus Cornish and Tricia Hitchen left the meeting, the time being 9:51pm

 

1        Presence of the Public

 

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

 

Outcome 2

 

2        Status on Litigation and Compliance Matters                                                               

 

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


 

 

3        DA02/2551.03 Modification application for removal of condition of consent requiring dedication of land for five (5) x townhouses at Lot 2 DP 1176279 (No. 67) Jones Street, Kingswood Applicant: Avant Constructions Pty Ltd & Avsta Pty Ltd;  Owner: ~Avant Constructions Pty Ltd & Urban Approvals Pty Ltd                                          

 

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

 

Outcome 1

 

4        Advocacy Program                                                                                                           

 

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

 

 

Outcome 2

 

5        Legal Status of Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting Lot 122 DP 709303 (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling;  Owner: ~Ty & Deanne Gosling                                                         

 

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

 

The meeting resumed at 10:27pm and the General Manager reported that the Committee of the Whole met at 9:51pm on 18 April 2016, the following being present

 

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

 

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

 


 

CONFIDENTIAL BUSINESS

 

2        Status on Litigation and Compliance Matters                                                               

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

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

Councillor Tricia Hitchen returned to the meeting, the time being 9:54pm

 

3        DA02/2551.03 Modification application for removal of condition of consent requiring dedication of land for five (5) x townhouses at Lot 2 DP 1176279 (No. 67) Jones Street, Kingswood Applicant: Avant Constructions Pty Ltd & Avsta Pty Ltd;  Owner: ~Avant Constructions Pty Ltd & Urban Approvals Pty Ltd                            

RECOMMENDED on the MOTION of Councillor Ben Goldfinch seconded Councillor Ross Fowler OAM

CW3 That:

1.    The information contained in the report on DA02/2551.03 Modification application for removal of condition of consent requiring dedication of land for five (5) x townhouses at Lot 2 DP 1176279 (No. 67) Jones Street, Kingswood be received.

2.    Council offer to purchase the lot for up to $17,720. In the event that the Applicant does not agree to the sale of the lot for this price, then Council enter into consent orders in Class 4 proceedings (in the event those proceedings are instigated by the Applicant) to agree to the removal of conditions 31 and 37 of the consent.

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:56pm.

4        Advocacy Program

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

CW4 That the information contained in the report on Advocacy Program be received.

Councillor Marcus Cornish returned to the meeting, the time being 9:58pm

Councillor Maurice Girotto left the meeting, the time being 10:21pm

 

5        Legal Status of Development Application DA14/0622.02 Section 96 Modification to Approved Earthworks, Shed and Truck Parking Including Amendment of the Approved Shed Location, Shed Design, Operational Conditions of Consent and Lighting Lot 122 DP 709303 (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling;  Owner: ~Ty & Deanne Gosling

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

CW5 That:

1.    The information contained in the report on Legal Status of Development Application DA14/0622.02 Section 96 Modification, Lot 122 DP 709303 (No. 41-47) Jolly Street, Castlereagh be received.

2.    That consent orders be entered in the Land and Environment Court proceedings (10683/15) in accordance with the terms referred to in the report subject to condition 21 clearly stating that exterior flood lighting is not permitted at any time, in addition to all other lighting being in compliance with AS 4282 (1997).

3.    Condition 13 as outlined in the table of the report, be amended to allow truck movements to only occur on a Saturday between 6am and 6pm as opposed to 6am and 8pm.

4.    Condition 18  as outlined in the table to be removed subject to the applicant carrying out the drainage works as marked up in red in Attachment 3 to this report titled Proposed Drainage Concept Plan. Should these works not occur, Condition 18 should remain.

 5.    Council oppose in relation to land and environment court proceedings number 10684/15 the granting of a building certificate in respect of the colour bond fence.

 

Councillor Prue Car MP left the meeting, the time being 10:24 and did not return.

Councillor Maurice Girotto returned to the meeting, the time being 10:24pm.

 

ADOPTION OF Committee of the Whole

 

117 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor John Thain that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 There being no further business the Chairperson declared the meeting closed the time being 10:28pm.

 


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);

 

·       etails 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        Passing of Russell Dove and Jim Mills                                                                              1

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

Mayoral Minute

Passing of Russell Dove and Jim Mills

           

 

It is with sadness that I note the passing of two well-known St Marys businessmen – Russell Dove and Jim Mills.

 

Both Mr Dove, aged 87 and Mr Mills, 89, passed away on 19th of April. They were strong supporters of the community in which they lived and worked and will be sadly missed.

 

Mr Dove opened his Queen Street store, Dove Jewellery, in 1955, making it arguably the oldest business in St Marys. In 1986, he opened a second Dove Jewellery store in St Marys Village. Both businesses are still going strong.

 

In life away from work, Mr Dove was a keen sporting shooter. He represented Australia in the 1972 Munich Olympics where he placed 25th in the 50-metre prone rifle event.

 

Mr Dove was an active member of his community. He belonged to the St Marys Rotary Club, was involved with the St Marys Rugby League Club and was part of several St Marys business committees and forums.

 

Mr Dove was the loving husband of Yvonne Dove and father of Michele Kon.

 

Jim Mills was born in Griffith. In 1955, he moved to St Marys with his wife Enid and two children.

 

Until that point Jim had worked for others, learning the retail trade and other skills, but with his move to St Marys he had decided to make his own way in business. A short time after moving to St Marys, a store became available in Queen Street and Jim and Enid rented the property and opened the Jim Mills Men’s and Boyswear shop.

 

When the business was eventually sold Jim and Enid not only owned the building where they started they had also purchased the property next door and a three storey building behind.

 

After more than 30 years in the business, they sold it in 1979. The business carried the Jim Mills name until it closed in 2011, 56 years after its opening.

 

Enid passed away in 2013. Jim is survived by his children Rhonda and Paul.

 

Councillor Karen McKeown

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Russell Dove and Jim Mills be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Notice of Motion to Rescind a Resolution

 

Item                                                                                                                                                Page

 

1        Item 7 - Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area - Ordinary Meeting 21 March 2016              1

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

Notice of Motion to Rescind a Resolution

1          Notice of Motion

Item 7 - Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area - Ordinary Meeting 21 March 2016              

 

 

Councillors Jim Aitken OAM, Maurice Girotto and Tricia Hitchen have given notice in writing of their intention to move the following Notice of Motion to Rescind a Resolution:

 

We the undersigned wish to give notice of rescission for Item 7 – Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area held at the Ordinary Meeting on 21 March 2016.

 

Subject to the rescission motion being passed we intend to move the following motion:

 

1.   The information contained in the report be received

 

 

RECOMMENDATION

That this Notice of Motion to Rescind a Resolution be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Notices of Motion

 

Item                                                                                                                                                Page

 

1        Places of Public Worship and Community Centres - Development Applications             1

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

Notice of Motion

1          Places of Public Worship and Community Centres - Development Applications            

 

 

Councillor Marcus Cornish TO MOVE:

 

That all Development Applications for places of public worship and community centres, including amendments and alterations, must be voted on by all Councillors at an Ordinary Meeting of Council and not handled by delegated authority.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Reports and Recommendations of the Access Committee Meeting held on 13 April 2016                                                                                                                                              1

 

2        Reports and Recommendations of the Local Traffic Committee Meeting held on 2 May 2016                                                                                                                                             7

 

3        Reports and Recommendations of the Policy Review Committee Meeting held on 9 May 2016                                                                                                                                  12

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 13 April, 2016

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), David Currie, Carole Grayson, Denise Heath, Councillor Tricia Hitchen, Councillor Marcus Cornish.

 

IN ATTENDANCE

 

Claire Galvin – Disability Inclusion Officer, Erich Weller – Community and Cultural Development Manager, Grahame Howe – Building Projects Coordinator, Gavin Cherry – Principal Planner, Elizabeth Roxburgh - Landscape Architect - Design and Projects, Jeni Pollard – Place Manager, Michael Jackson – Design and Projects Manager, Clare Aslanis – Environmental Planner, Peter Woodworth – Environmental Planner.

 

GUESTS

 

Keith Stead – Oculus – Special Places, Rebecca Ho – Touched by Olivia Foundation (6.10pm), Fiona Morrison – Landscape Planner – Lend Lease (6.10pm)

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Michelle Tormey for the period 8 April 2016 to 27 April 2016 inclusive.

APOLOGIES

Apologies were accepted from Farah Madon, Joe Ibbitson, Diane Boyde, Robyn Brookes, Councillor Prue Car MP, and Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 February 2016

Minutes of the Access Committee meeting of 10 February 2016 were confirmed subject to the following amendments:

 

At Item 3 – St Marys Leagues Club – Concept development proposal for the construction of a motel, the following words at dot point 8, under ‘Issues discussed by the Access Committee included:’ now read:

 

“While the Building Code of Australia outlines some accessibility provisions, Penrith Council strives to exceed minimum standards and the proposal should demonstrate how an improved accessibility outcome can be provided”.

 

At GB3 - Wayfinding Standard - the first sentence now read:

 

“Farah Madon advised that the draft version of the Wayfinding Standards is available for public comment.”

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

2        Queen Street St Marys Special Places Designs                                                            

 

Michael Jackson spoke to the Queen Street St Marys Special Places Designs report and advised there would be 11 special places along Queen Street with points of interest to provide respite and variety – places to stop, rest, meet, socialise and gather.

 

Michael Jackson introduced Keith Stead from Oculus Landscape Architects who are designing these proposals.

 

The following information was provided regarding the St Marys Special Places proposal:

 

·    The Queen Street special places are currently under construction.

·    Lighting and furniture will be upgraded from the Great Western Highway to St Marys Station.

·    The special places will establish and reinforce a unique town centre identity creating diverse and responsive places.

·    Pedestrian amenity and comfort will be improved.

·    Distributing the special places along the street will spread the activation along the entire length of Queen Street.

·    It is anticipated that the special places will add layers of richness to the streetscape with greater variety in the overall context and increase social and economic activation.

·    Additional tree planting will be provided to create more shade.

·    Elements for children have been included such as a music touch pad.

 

Erich Weller left the meeting at 5.26pm.

 

Keith Stead gave an overview of the materials palette to be used in the special places.  The special places are quite different and will be engaging, fun, and appeal to all age groups.  The seating will be varied with a mixture of armrests and backs.  There will be a series of patterns incorporated in the designs reflecting various communities and cultural groups.

 

Claire Galvin left the meeting at 5.28pm.

 

Erich Weller and Claire Galvin came back to the meeting at 5.30pm.

 

Issues discussed by the Committee included:

 

·    The use of concrete blocks for seating.

·    The location of pocket parks close to hotels.

·    The provision of adequate shade at bus stops.

·    How vision impaired people will negotiate the footpath between the special places.

·    The use of asphalt paving in the special places.

·    Concern regarding accessibility of back streets in St Marys.

·    Concern that over the years trip hazards could occur with a change of levels when moving across different pavement types.

·    A combination of seating types – some with backs and arms, some with backs and no arms.

·    The height of the plants and trees.

·    Concern regarding people stopping their cars in Station Square and throwing out the circulation if seating is located at the point proposed – it was suggested that the seating be moved further back from the edge of the road.

 

Councillor Jackie Greenow OAM thanked Keith Stead for the presentation.

 

RECOMMENDED

That the information contained in the report on Queen Street St Marys Special Places Designs be received.

 

Elizabeth Roxburgh, Keith Stead, Jeni Pollard and Michael Jackson left the meeting at 6.10pm.

 

Rebecca Ho and Fiona Morrison arrived at the meeting at 6.10pm.

 

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

 

4        All Abilities Playground Jordan Springs - Touched by Olivia Foundation                

Rebecca Ho from the Touched by Olivia Foundation gave a presentation on the status and implementation of the All Abilities Playground at Jordan Springs.

 

The following information was provided:

 

·    The playground will be opened by the end of this year.

·    Consultations were held with parents and children – children were keen for the playground to have water play and a stage.

·    Funding for the project was received from Council, Lend Lease, and the State Government with community activities raising $15,000.

·    All the equipment for the playground has been ordered.

·    Shade in the playground has been increased.

·    Incidental seating will be provided throughout the playground.

·    The playground is fully enclosed by a fence.

·    Adequate parking has been provided for users of the playground.

·    Glascott Landscape and Civil is undertaking the construction of the playground.

·    The aim in the future is to have every playground inclusive and accessible.

·    It is hoped to fund a storyteller in the park – to tell stories, do music activities and craft.

·    The water used in the playground is recycled into a tank to water the plants.

 

Councillor Jackie Greenow OAM thanked Rebecca Ho and Fiona Morrison for the presentation.

 

Erich Weller advised that Access Committee will receive an invitation to the opening of the Jordan Springs All Abilities Playground.

 

Rebecca Ho and Fiona Morrison left the meeting at 6.30pm.

 

 

 

 

 

RECOMMENDED

That:

 

1.    The information contained in the report on All Abilities Playground Jordan Springs - Touched by Olivia Foundation be received.

2.    Rebecca Ho from the Touched By Olivia Foundation be thanked for her presentation on the Jordan Springs All Abilities Playground.

 

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee                                  

Gavin Cherry introduced Clare Aslanis and Peter Woodworth to the Access Committee.

 

DA16/0215           Construction of Community Facility and Associated Parking and Landscaping at 2-6 Cullen Avenue, Jordan Springs

 

Gavin Cherry provided information on the development application for the proposed community facility to be constructed at 2-6 Cullen Avenue, Jordan Springs.

 

The proposal includes a community hall with training kitchen, a large activity room, an information and technology training room, three office and meetings rooms, 41 carparking spaces, bus drop off area and landscaping works.

 

The carpark wraps around the building with the entry from Lakeside Parade and exit on Cullen Avenue.

 

The proposal includes an adult change table, parenting room, ambulant facilities, three accessible carpark spaces and 1:14 grade access ramps.

 

Issues discussed by the Committee included:

 

·    The number of people the hall seats.

·    The suggestion to consider swapping the location of the adult change room with the accessible toilet. The location of the accessible toilet should be near or at the bank of male/female toilets. In the design the accessible toilet is isolated and in a completely different section. A person with a disability will therefore go to the bank of toilets, realise that there are no accessible toilets and then go looking for the accessible toilet.

·    Signage to the accessible toilet.

 

Members of the Committee expressed appreciation for the inclusion of an adult change table in the proposal as well as general access to the building.

 

Gavin Cherry and Peter Woodworth left the meeting at 6.40pm.

 

DA16/0218           Operation of children’s entertainment facility (Monkey Mia) within Penrith RSL Club

Clare Aslanis introduced the development application for Monkey Mania, a children’s entertainment facility, at the Penrith RSL Club.

 

 

The development application was accompanied by an Access Report and includes proposals for level access from the public road to the entrance of the facility, a unisex wheelchair accessible toilet, and male and female ambulant accessible toilets.

 

Issues discussed by the Committee included:

 

·    The baby change table should not be included in the accessible toilet. Given the nature of the facility i.e. "Monkey Mania" if a child changing table is provided in the accessible toilet, there is a good chance that it will be occupied permanently causing inconvenience to people with disabilities.

·    Provision of an adult size changing table.

·    The accessibility of the kitchen area.

·    The number of parking spaces.

·    The ramp access to the outside of the facility.

 

RECOMMENDED

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

 

Clare Aslanis left the meeting at 6.58pm.

 

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

 

3        NDIS Update - Information, Linkages and Capacity Building                                      

Erich Weller introduced the NDIS Update report and advised there are two major components –information linkages and capacity building framework.  The ILC Policy Framework identifies five activity streams.  A consultation paper was available for comment around the development of the framework and funding. Penrith Council provided some key points, as listed in the report, which were included in the LGNSW submission.

 

Discussion was held around the amount of funding available.  Erich Weller advised that this would be checked and information provided back to the Committee.

 

RECOMMENDED

That the information contained in the report on NDIS Update - Information, Linkages and Capacity Building be received.

 

GENERAL BUSINESS

 

GB 1           Disability Inclusion Action Plan Focus Group Trial      

Claire Galvin advised that the first trial focus group for the Disability Inclusion Action Plan had been held with the Thorndale Foundation.  It was a useful exercise to gauge whether the right questions were being asked. The attendees appreciated being consulted and further focus groups will be held over coming months.

 

GB 2           Snap Send Solve       

Carole Grayson enquired about using the Snap Send Solve app to send photos to Council to raise issues such as a hole in the road.  She advised to date she had not received a response.

 

Erich Weller undertook to follow up this matter with Council’s Communications Department and will respond back after further investigation.

 

GB 3           Male Toilets outside the Nepean Room       

Councillor Marcus Cornish advised that the door on the men’s toilet outside the Nepean Room swings the wrong way.  Graham Howe agreed to look into this issue.

 

GB 4           Opening of the Ronda Hopkins Seat   

Councillor Jackie Greenow OAM advised that the Ronda Hopkins seat was opened and dedicated on 3 March 2016.  Councillor Prue Car MP, Member for Londonderry, was present and also spoke about Ronda Hopkins in Parliament on 17 March 2016.  Claire Galvin showed the meeting a film of Prue Car MP speaking in Parliament recognising Ronda’s role as an effective advocate for people with disability.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.16pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 April, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 May 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 May, 2016

 

 

 

PRESENT

Councillor Marcus Cornish, Mark Elliott – St Marys LAC, Mark Carruthers – Roads and Maritime Services, Steve Grady – Busways, Jessica Neale – representative on behalf of Tanya Davies MP, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Co-ordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Caitlin Bailey – Trainee Engineer, Bernie Meier – Signs and Line Marking Officer, Steve Purvis – Senior Ranger.

 

APOLOGIES

Her Worship the Mayor, Councillor Karen McKeown, Councillor Tricia Hitchen, Matthew Shirvington – Penrith LAC, James Suprain – Roads and Maritime Services, Daniel Davidson - Senior Traffic Engineer, Catherine Waerner - Road Safety Officer, Noel Fuller - Ranger and Animal Services Coordinator.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 April 2016

The minutes of the Local Traffic Committee Meeting of 4 April 2016 were confirmed.

 

 

DECLARATIONS OF INTEREST

 NIL

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Glenmore Parkway, Glenmore Park - Proposed 'No Parking - Waste and Removalist Vehicles Excepted' Zone                                                                                                  

RECOMMENDED

That:

1.    The information contained in the report on Glenmore Parkway, Glenmore Park - Proposed 'No Parking - Waste and Removalist Vehicles Excepted' Zone  be received.

2.    “No Parking – Waste and Removalist Vehicles Excepted” signage (R5-445 or R5-447 modified) be installed for the length of the indented bay at 400 Glenmore Parkway, Glenmore Park.

3.    The Body Corporate of 400 Glenmore Parkway, Glenmore Park be advised of Council’s resolution. 

4.    Council’s Waste Services Section and Rangers be advised of Council’s resolution.

 

 

 

 

2        Westerly Way, Glenmore Park - Proposed Double-Barrier Line Marking                   

RECOMMENDED

That:

1.    The information contained in the report on Westerly Way, Glenmore Park - Proposed Double-Barrier Line Marking be received.

2.    Double-barrier (BB) linemarking be installed for 10m on Westerly Way, Glenmore Park, as shown in Appendix 1.

3.    The owners of the adjacent property be notified of Council’s decision.

4.    The resident who reported the matter be advised of Council’s decision.

 

3                 Pandorea Street and Raintree Street, Claremont Meadows - Proposed 'No Stopping' Restrictions       

RECOMMENDED

That:

1.    The information contained in the report on Pandorea Street and Raintree Street, Claremont Meadows - Proposed 'No Stopping' Restrictions be received.

2.    Consultation be undertaken with affected residents regarding the proposed ‘No Stopping’ restrictions at the bend between Pandorea Street and Raintree Street, Claremont Meadows.

3.    Subject to no substantial objections being received from the affected resident, ‘No Stopping’ restriction signage be provided for the length of 15m on approaches to the intersection of Pandorea Street and Raintree Street, Claremont Meadows, as shown in Appendix 1.

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

 

 

4        Tornado Crescent, Cranebrook - Proposed 'No Stopping' Restrictions                    

RECOMMENDED

That:

1.    The information contained in the report on Tornado Crescent, Cranebrook - Proposed 'No Stopping' Restrictions be received.

 

2.    25m of double barrier line marking be removed and ‘No Stopping’ restrictions be provided on Tornado Crescent, Cranebrook, as per Appendix 1.

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

 

 

 

 

 

5        Penrith City Council Carpark - Provision of Motorcycle Parking                                

RECOMMENDED

That:

1.    The information contained in the report on Penrith City Council Carpark - Provision of Motorcycle Parking be received.

2.    Motorcycle parking bays with associated signage and line marking be installed in the Penrith City Council carpark as per Appendix 1.

3.    The employee who raised the matter be informed of Council’s resolution.

 

 

6        Evan Street, South Penrith - Changes to 'No Stopping' Zone and Crossing Facility

RECOMMENDED

That:

1.    The information contained in the report on Evan Street, South Penrith - Changes to 'No Stopping' Zone and Crossing Facility be received.

2.    The existing ‘No Stopping 8:00am – 9:30am 2:30pm – 4:00pm school days’ zones installed on both sides of the raised threshold pedestrian crossing on Evan Street, South Penrith, midblock between Maxwell Street and Trent Street, be changed to permanent ‘No Stopping’ zones as shown on Appendices 1 and 2.

3.    The ‘children’s crossing’ barber poles at this facility be removed as shown in Appendices 1 and 2.

4.    The Principal and Parents and Citizens Committee President at Jamison High School be informed of Council’s resolution.

 

 

7        Cosgrove Crescent and Morphett Street, Kingswood - Proposed Installation of Double Barrier Line Marking and 'No Stopping' Signage                                             

RECOMMENDED

That:

1.    The information contained in the report on Cosgrove Crescent and Morphett Street, Kingswood - Proposed Installation of Double Barrier Line Marking and 'No Stopping' Signage be received.

2.    The property owners and residents of 2 Cosgrove Crescent and the Body Corporate of 3 Cosgrove Crescent, Kingswood be consulted about the proposed changes.

3.    Subject to no substantial objections being received, approximately 24 metres of double barrier line marking (BB) and associated ‘No Stopping’ signs (R5-400) be installed at the bend between Cosgrove Crescent and Morphett Street, Kingswood, as shown in Appendix 1.

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

 

 

8        Water Street, Werrington - Proposed Double Barrier Line Marking                            

RECOMMENDED

That:

1.    The information contained in the report on Water Street, Werrington - Proposed Double Barrier Line Marking be received.

2.    Double barrier line marking be installed around the 90 degree bend on Water Street, Werrington located between the Great Western Highway and Werrington Road.  A length of 10 metres double barrier line marking be continued from the bend in both directions as shown in Appendix 1.

3.    Ms Prue Car MP, Member for Londonderry and the Principal of Kurrambee School be informed of Council’s resolution.

 

 

GENERAL BUSINESS

 

GB 1           Tench Reserve, Penrith – Car & Boat Designated Parking Area

Councillor Marcus Cornish raised concerns regarding cars parking in the car/trailer designated parking area along Tench Reserve, Penrith. 

RECOMMENDED

   That Council’s Rangers periodically review the designated car/trailer parking areas along Tench Reserve, Penrith to ensure designated parking restrictions are being adhered to. 

 

GB 2           Saddington Street, St Marys – Bus Zone Relocation

Steve Grady of Busways informed the Committee that the relocated bus zone on Saddington Street, St Marys is proving to be effective and safer for the community as positive feedback has been received by Busways.

RECOMMENDED

          That Council note the information.

 

GB 3           Gibson Avenue and Albert Street, Werrington -  Tree    Maintenance

Mark Elliot of St Marys Police Station informed the Committee that after attending St Marys Police Station, a tree located on the corner of Gibson Avenue and Albert Street, Werrington is overgrown and is causing sight distance obstruction to the intersection.

RECOMMENDED

          That Council’s Parks and Gardens section be requested to trim the tree located on the corner of Gibson Avenue and Albert Street, Werrington.

 

GB 4           King Street, St Marys – Replace ‘No Parking’ Sign

Mark Elliot of St Marys Police Station informed the Committee that on the western fence line outside St Marys Police Station, the existing ‘No Parking’ sign has faded.

RECOMMENDED

That the ‘No Parking’ sign located on King Street, St Marys be replaced.

 

There being no further business the Chairperson declared the meeting closed the time being 9:41am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 May 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 May, 2016

 

 

 

PRESENT

Councillors Mark Davies, Jim Aitken OAM, Bernard Bratusa, Kevin Crameri OAM, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown for the period 25 April 2016 to 13 May 2016 inclusive.

Leave of Absence was previously granted to Councillor Ross Fowler OAM for the period 25 April 2016 to 13 May 2016 inclusive.

APOLOGIES

Apologies were received for Councillors Prue Car MP, Marcus Cornish, Greg Davies and Maurice Girotto.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 March 2016

The minutes of the Policy Review Committee Meeting of 14 March 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Amendment to the Central Precinct Plan

City Planning Manager, Paul Grimson introduced the report and made a presentation.   

 

RECOMMENDED

That:

1.    The information contained in the report on Amendment to the Central Precinct Plan be received.

2.    The draft amended Central Precinct Plan document submitted to Penrith City Council (provided to Councillors under separate cover and tabled tonight), be placed on public exhibition for a minimum of 28 days and that consultation be undertaken with relevant government agencies in accordance with the requirements of Sydney Regional Environmental Plan No.30 – St Marys, the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

3.     Prior to the draft amended Central precinct Plan being placed on public exhibition, the proponent is to provide Council with a written undertaking to renegotiate the terms of the St Marys Penrith Planning Agreement with regard to the timing, triggers and delivery of the traffic and transport infrastructure required to support the St Marys Release Area to Council’s satisfaction and that an amended Planning Agreement be executed prior to Council’s endorsement of the amended Central Precinct Plan.

4.    The General Manager be delegated authority to make any necessary minor changes required to the draft amended Central Precinct Plan document referred to in resolution 2 above prior to commencement of the public exhibition and consultation with government agencies.

5.    A further report be presented to Council following the public exhibition and agency consultation.

 

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

For

Against

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

                                                        

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor John Thain

 

Councillor Jackie Greenow OAM

 

Councillor Michelle Tormey

 

Councillor Jim Aitken OAM

 

 

 

Outcome 7 - We have confidence in our Council

 

2        Review of Local Government Rating System                                                                

RECOMMENDED

That:

1.    The information contained in the report on Review of Local Government Rating System be received

2.    A submission be submitted to IPART by Friday 13 May 2016 with the proposed recommendations contained in this report.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Penrith Lakes Parkrun       

Councillor Kevin Crameri OAM requested a memo reply addressing concerns raised by the Parkrun event director concerning discontinued access to Sydney International Regatta Centre via Gate D which will adversely affect the running of their 2nd birthday event to be held on 28 May 2016.

 

RR 2           Memorial seats for Llandilo School    

Councillor Kevin Crameri OAM requested voted works be allocated from North Ward for three seats to provide for a memorial garden at Llandilo School. Two seats with a back rest and one without a back rest, in total costing $5400.

 

There being no further business the Chairperson declared the meeting closed the time being 7:43pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 May, 2016 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Outcomes of Public Exhibition - Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010   

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Planning Proposal - Amendment to building heights on land within the Panthers Penrith Precinct

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

 

3        Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park Applicant: Property Innovations Group;  Owner: ~Lddt Properties Pty Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                18

 

4        Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park Applicant: Pretech Pty Ltd;  Owner: ~ZLZ Enterprises Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                27

 

 

Outcome 3 - We can get around the City

 

5        2016/17 Australian Blackspot and Active Transport Programs - Acceptance of Project Funding                                                                                                                             41

 

 

Outcome 4 - We have safe, vibrant places

 

6        Proposed Naming of Public Reserve "Ausburn Reserve"                                               47

 

7        Penrith City Council Public Spaces CCTV Program Code of Practice                           50

 

8        Colyton Community Action Plan: Youth + Future                                                            53

 

 

Outcome 7 - We have confidence in our Council

 

9        Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 7-9 North Street Penrith known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625.                                                                            71

 

10      Organisational Performance Report - March 2016                                                          77

 

11      Summary of Investments & Banking for the period 1 April 2016 to 30 April 2016          83

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Outcomes of Public Exhibition - Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Planning Proposal - Amendment to building heights on land within the Panthers Penrith Precinct

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

 

3        Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park Applicant: Property Innovations Group;  Owner: ~Lddt Properties Pty Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                18

 

4        Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park Applicant: Pretech Pty Ltd;  Owner: ~ZLZ Enterprises Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                27

 

 

 

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

 

 

1

Outcomes of Public Exhibition - Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010   

 

Compiled by:               Krishti Akhter, Planner

Matthew Rose, Senior Planner

Authorised by:            Abdul Cheema, City Planning Co-ordinator  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Executive Summary

Council’s City-wide Local Environmental Plan, known as Penrith Local Environmental Plan 2010 (LEP 2010) sets the land use and planning controls for most of the Penrith Local Government Area.  The making of LEP 2010 has been a lengthy and complex exercise involving a number of stages.  During this process a number of areas or matters have been deferred or removed from LEP 2010 by the Minister for Planning.  This has been to allow Council to undertake further community consultation on the proposed planning controls for the deferred areas or matters.

 

The additional community consultation on the deferred matters or areas is now complete.  A Planning Proposal, a document that set out the proposed planning controls for the deferred matters, was publicly exhibited in July and August 2015.  Council received 29 submissions from the community and public authorities in response.  This report provides the outcomes from that consultation, including a review of the submissions.  It also identifies the changes required to the Planning Proposal that respond, where possible, to the issues raised in the submissions.

 

This report also seeks Council’s endorsement for the Planning Proposal to proceed to the next stage in the NSW Government’s Gateway Process (the process for making and amending local environmental plans).  This involves sending the Planning Proposal to the Minister for Planning with a request that he makes the necessary amendments to LEP 2010.

 

Background

LEP 2010 is intended to be a City-wide Local Environmental Plan that sets land uses and planning controls for the entire Penrith Local Government Area.  However, the transition from a large number of older style local planning documents to a single document is a complex exercise involving a number of stages.  As such, LEP 2010 has been amended a number of times since it was first published in September 2010 to ensure that it provides a single, City-wide local environmental plan.

 

Amendment No. 4 to LEP 2010 was published on 28 January 2015 and set the land use and planning controls for Penrith’s residential and commercial areas.  However, in considering some of Council’s proposed post-exhibition changes to the planning controls, the Minister for Planning deferred the following areas or matters:

·     Land in Werrington Business Park, Werrington,

·     Land in French Street, Werrington (known as the Werrington Signals Site), 

·     Land in Glossop Street, St Marys (east of Glossop Street and south of Chapel Street),

·     Land in Castlereagh Street, Penrith (in the Hornseywood Conservation Area), and

·     Land required by the Roads and Maritime Services (RMS) in Claremont Meadows and Orchard Hills.

 

On the 18 May 2015, the Minister for Planning issued a Gateway Determination that set out the process for resolving the deferred matters, namely the public exhibition of a Planning Proposal, a document that explains and provides justification for the proposed planning controls.  The Gateway Determination required Council to:

·     provide a further assessment of the change in the proposed controls for the Werrington Signals Site, and

·     undertake further community consultation on the proposed controls for all of the deferred matters or areas.

 

A Planning Proposal was subsequently prepared and publicly exhibited from 27 July until 24 August 2015 (28 days).  Notification of the exhibition was delivered by newspaper advertisements and a mail out.  The exhibition material was available at the Civic Centre, St Marys Office, Council’s libraries and online.

 

Table 1 provides a breakdown of the 29 submissions received in response to the public exhibition, identifying which of the matters generated the greatest response.  16 of the submissions were received from community members and 13 from public authorities.  Attachment 1 to this report provides a summary of the submissions.

 

Deferred Matter

No. of Submissions

Glossop Street Precinct

13 (including 7 pro forma letters)

Werrington Business Park & Werrington Signals Site

3

Castlereagh Street

0

Claremont Meadows and Orchard Hills

0

Table 1: Breakdown of submissions

 

This report provides a summary of and a response to the key submissions received for the Glossop Street Precinct, the Werrington Business Park and the Werrington Signals Site.  A detailed consideration of each of the issues raised in all of the submissions is provided in Attachment 2.

 

Glossop Street Precinct, St Marys

This precinct (the residential area east of Glossop Street and South of Chapel Street) was originally exhibited (May-July 2013) with a R4 High Density Residential zone with maximum building heights of 12 to 15 metres.  However, in response to significant community opposition to the potential development outcomes facilitated by these controls, Council resolved (November 2013) to amend the proposed zone to R3 Medium Density Residential and support it with a maximum building height of 8.5 metres.  These were the proposed controls contained in the publicly exhibited Planning Proposal.

 

The majority of the submissions supported the R3 Medium Density Residential zone and maximum building height of 8.5 metres.  Seven of the 13 submissions were pro forma or standard letters that incorrectly interpreted the exhibition material as delivering the original higher density outcomes.  These submissions subsequently objected to the application of the R4 High Density Residential zone and expressed a preference for the R3 Medium Density Residential zone.

 

Only one submission requested that the originally proposed planning controls for the Precinct (high density residential) be reinstated, noting that the Precinct is within walking distance (800 metres) of St Marys Town Centre and Train Station.  This submission also queried some inconsistencies in the building heights for other areas already zoned R3 Medium Density Residential.

 

Maintaining the currently proposed planning controls (R3 Medium Density Residential zone and maximum building height of 8.5 metres) responds to the community’s concerns.  No changes are therefore required to the Planning Proposal.

 

A single submission was also received for a specific site located within this Precinct: 26-28 Gidley Street and 42 Chapel Street (3 lots).  This site currently contains two 2-storey office blocks and a single storey detached dwelling.  This submission stated a preference for the originally proposed high density residential planning controls or, alternatively, the application of the B4 Mixed Use zone.  The submission also requested that the current additional permitted use of office premises for 26 and 28 Gidley Street be retained in LEP 2010.

 

This request presents a significant change to the proposed planning controls and, in combination with the community opposition to higher density forms of residential development, means that it cannot not be considered as part of this Planning Proposal.  Even if the requested amendments were included, it is highly likely that the Greater Sydney Commission would require the re-exhibition of the amended controls, further delaying the inclusion of the deferred areas in the City-wide Local Environmental Plan.  This will not remove the opportunity for the applicants to pursue a site specific planning proposal, a process that would also allow Council to specifically seek the community’s views on any further changes to the planning controls.

 

The additional permitted use provisions do not need to be included in LEP 2010 as the site is already developed with office buildings.  The Standard Instrument Template for Local Environmental Plans aims to minimise the listing of additional permitted uses, particularly when that use already exists.  The existing use right provisions of the Environmental Planning and Assessment Act 1979 allow that use to continue, be altered or expanded.

 

Werrington Business Park and Werrington Signals Site

This area, which comprises the University of Western Sydney’s Werrington Campus and part of the Werrington Signals Site, was originally exhibited (May-July 2013) with a B7 Business Park zone.  However, in response to the submissions it received, Council deferred its decision on settling the planning controls for these sites (in November 2013).  This was to allow for the investigation and testing of an alternative selection of land use zones with the landowners, Penrith Business Alliance and representatives of the (then) Department of Planning and Infrastructure.  The landowners included the University and the owners of the Werrington Signals Site.

 

In response to the outcomes of this additional work, Council resolved (April 2014) to apply the R3 Medium Density zone to the western part of the Werrington Signals Site and maintain the B7 Business Park zone for the remainder of this site and the University’s campus.  The key submissions on these proposed planning controls were made by the University and the planning consultant representing the owners of the Werrington Signals Site.

 

University of Western Sydney

The University’s submission concerns the controls proposed for the part of the campus known as the Werrington Business Park (the Business Park).  The submission supported the proposed B7 Business Park Zone but raised concerns with:

1.    The proposed control or additional local clause restricting the size of warehouse and distribution centres, and

2.    The identification method for the heritage listing of Werrington Park House.

 

Proposed controls for warehouse and distribution centres: The Standard Instrument Template for Local Environmental Plans mandates warehouse and distribution centres as permissible uses in the B7 Business Park zone.  These uses generally have low employment densities and are not considered to align with the higher order and higher density employment outcomes sought for the Business Park.  The intention of the proposed control is to prevent the proliferation of warehouse and distribution centres throughout the Business Park to support the desired employment outcomes.  It achieves this by:

·     limiting warehouse and distribution centres to 50% of the gross floor area of a development, and

·     requiring that these uses are ancillary to higher order health, cultural and technology industries.

 

The University is concerned that the proposed clause will be too restrictive and has asked Council to instead consider a standard for the size of the warehouse or distribution centre that is linked to the number of jobs generated by a development.  However, Council does not generally require developments in business zones to provide a minimum number of jobs, making such a control difficult to draft or implement.  The currently proposed control is considered to be a balanced approach that supports the delivery of higher order employment uses and any storage or transport functions that such uses may require.

 

Heritage Listing of Werrington Park House: The University did not object to the current heritage listing for Werrington Park House (653-729 Great Western Highway, Werrington), but rather the way it is identified on the Heritage Map.  The University is concerned with the identification of the entire lot that Werrington Park House is located on rather than its specific location or curtilage.

 

The Department of Planning and Environment’s (the Department) current Standard technical requirements for LEP maps (the Mapping Guidelines) requires the entire lot or lots that a heritage item or place is located on to be identified on the Heritage Map.  There is no discretion to identify the location or curtilage of a heritage item within a lot even if the lot is significantly larger than the heritage item.  The Department has recently advised that it is seeking to introduce some flexibility into the identification of heritage items located on large lots, but has not at this time updated its Mapping Guidelines.

 

It is important to note that the purpose of the Heritage Map is to merely identify the presence of a heritage item.  A more detailed assessment would be required for development proposals for, or close to, the heritage item.  Such assessments identify the location of the heritage item, its curtilage and its setting and propose measures to manage the item and any identified impact from the proposed development.

 

 

Werrington Signals Site:

The submission made by the owner’s planning consultant raised the following issues:

1.   The realignment of the E2 Environmental Conservation zone applied to the watercourse located on the site,

2.   The amendment of the proposed planning controls for minimum lot sizes for subdivision and height of buildings for the part of the site proposed to be zoned R3 Medium Density Residential,

3.   The listing of a service station as an additional permitted use on the part of the site proposed to be zoned B7 Business Park.

 

An independent peer review of the submission and the officer’s response was organised to ensure that the submission was fairly considered, that the proposed response is sound on planning grounds, and to maintain probity and transparency of the process.  The review concluded that officers had undertaken an appropriate analysis of the key issues raised in the submission and concurred with the recommendations made.  Attachment 3 provides a full copy of the report from the peer review.  A summary of the response to each of these issues is set out below:

 

1. E2 Environmental Conservation Corridor

The submission requested that the E2 Environmental Conservation zone be amended to align with the existing watercourse running north to south through the site.  This zone was delivered by Amendment No. 4 to LEP 2010 (January 2015).  Additional investigation has revealed that the E2 Environmental Conservation does not accurately align with the watercourse due to a mapping error.  It is recommended that the alignment of the E2 Environmental Conservation corridor is corrected.

 

2. Changes to the Planning Controls for Minimum Lot Sizes and Building Heights

For the part of the site proposed to be zoned R3 Medium Density Residential, the submission requested that the planning controls:

a)   setting minimum lot sizes for subdivision be removed, and

b)   that the maximum building height be increased from 8.5 metres to 12.5 metres.

 

These planning controls would permit development outcomes (smaller lots and taller dwellings) that exceed the objectives of the R3 Medium Density Residential zone.  The potential outcomes are also significantly different from the characteristics of the adjoining residential areas.

 

The requested amendments would also present a significant change to the proposed planning controls and means that it cannot not be considered as part of this Planning Proposal.  Even if the requested amendments were included, it is highly likely that the Greater Sydney Commission would require the re-exhibition of the amended controls, further delaying the inclusion of the deferred areas in the City-wide Local Environmental Plan.

 

Maintaining the proposed planning controls does not remove the opportunity for the owners to pursue a site specific planning proposal to amend the planning controls.  Such a process would allow for an assessment of the type of development these controls would permit (dwelling yield and diversity) and if the site could accommodate it (landscaping requirements, open space provision and environmental constraints).

 

 

 

3. Additional Permitted Use of a Service Station

The submission requested that service stations be listed as an additional permitted use on 731-739 Great Western Highway and part of Lot 50 French Street, Werrington (Lots 50 & 56 DP 1069025).  These properties are proposed to be zoned B7 Business Park, a zone that prohibits service stations.  The submission argued that such a use would provide a catalyst for the development of the intended Business Park and provide a local retail service for future residents and workers.

 

However, the submission did not provide sufficient information to assess the impacts of permitting such a use on these properties.  An assessment of traffic movements, location of entrances and exits, and whether such a use would have ancillary operations such as a car wash, convenient store and a café or restaurant would be required.  This level of detail would also be required to fully consult with the Roads and Maritime Services because of the properties’ location on the Great Western Highway.

 

In the absence of this information, the current permissibility of service stations (prohibited) should be retained.  Again, this would not eliminate the opportunity for the owners to continue to seek this additional permitted use through a site-specific planning proposal.

 

Council officers concluded the review of this submission with a meeting with the owners of the Werrington Signals Site and their planning consultant.  This meeting explored the development outcomes being pursued for the site, the difficulties of trying to deliver them as part of this Planning Proposal and the opportunities available to pursue the desired development outcomes through a site-specific planning proposal.  An agreement was reached that a site-specific planning proposal was the appropriate course of action.

 

Conclusion

The officer’s review of the submissions received in response to the public exhibition of the Planning Proposal is complete.  The Discussion Paper (Attachment 2) sets out the proposed changes to the Planning Proposal that are considered to respond to the submissions and fall within the flexibility of the Gateway Process.  Attachment 4 summarises the proposed changes to the Planning Proposal. The revised Planning Proposal is included in Attachment 5.

 

A fundamental consideration in the Gateway Process is the nature and extent of any changes made to a Planning Proposal in response to, or following, public exhibition, and whether such changes are material to the operation and outcomes of a local environmental plan.  Where potential changes are deemed to be material, they need to be re-exhibited to ensure that the community is able to have its say.  In this instance it is considered that, on balance, the proposed changes would not alter the operation and outcome of LEP 2010 and would not warrant re-exhibition of the Planning Proposal.

 

However, should Council resolve to amend the Planning Proposal to respond to the requests made in the submission for the Werrington Signals Site, the significance of the required changes may trigger a re-exhibition of the Planning Proposal.  This would further delay the inclusion of the deferred areas in the City-wide Local Environmental Plan.

 

There appear to be no constraints to progressing the Planning Proposal to the next stage of the Gateway Process.  Council was not delegated the Minister’s plan making powers, so it now needs to send the Planning Proposal to the Minister for Planning for his consideration.  Should Council endorse the amended Planning Proposal, the following work will occur:

 

 

1.    The Planning Proposal will be updated with the policy direction settled by Council,

2.    The Planning Proposal will be sent to the Minister for Planning with a request that he makes the proposed amendments to LEP 2010,

3.    Officers will liaise with the Department of Planning and Environment and Parliamentary Counsel’s Office to ensure that the proposed amendments to LEP 2010 are accurate.

 

Subject to the Minister for Planning’s considerations, it is anticipated that LEP 2010 will be amended in accordance with the Planning Proposal in 8-10 weeks from Council’s submission.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Outcomes of Public Exhibition - Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010 be received.

2.    Council endorse the Planning Proposal for Penrith Local Environmental Plan 2010 as attached (Attachment 5) and forward it to the Minister with a request that the Minister amend Penrith Local Environmental Plan 2010 in accordance with the Environmental Planning and Assessment Act 1979.

3.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal prior to its submission to the Minister for Planning.

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Submissions and Reccomendations

6 Pages

Attachments Included

2.  

Discussion Paper

35 Pages

Attachments Included

3.  

Report from Peer Review

14 Pages

Attachments Included

4.  

Summary of Proposed Changes to Planning Proposal

4 Pages

Attachments Included

5.  

Amended Planning Proposal

52 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    23 May 2016

 

 

 

2

Planning Proposal - Amendment to building heights on land within the Panthers Penrith Precinct   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Paul Grimson, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Executive summary

The purpose of this report is to present a Planning Proposal from Cabe / ESQ1818 Panthers Pty Ltd (the developer) which seeks to change the maximum permitted building heights for certain land within the Panthers Penrith Precinct, and to seek Council’s resolution to forward a Planning Proposal to the Department of Planning and Environment with a request to issue a Gateway Determination.

Background

In 2012 Council endorsed a planning framework for the Panthers Penrith Precinct which provides for the development of an integrated ‘entertainment, leisure and lifestyle precinct’. The amendments allowed outlet centres, general retail, campus style office premises, serviced apartments and high density residential dwellings to be permissible on the site.

 

Since then the Panthers Group has been working on various options for development of the site based on market trends. Currently a residential and general retail proposal has been prepared. A certain part of the residential component does not comply with the current height controls and therefore a Planning Proposal has been prepared and submitted to Council for consideration which seeks to amend the height controls.

 

On 12 April 2016 Council received a Planning Proposal from SJB Planning on behalf of the developer which requests an amendment to Penrith Local Environmental Plan 2010 (LEP 2010). The application seeks to change the maximum permitted building heights for an area of land within the Panthers Penrith Precinct, generally bound by Mulgoa Road to the east; Ransley Street to the south; Lake and Peachtree Creek to the west; and aged care, residential, vacant land and a Council site known as the Carpenters Site to the north. A copy of the submitted Planning Proposal is provided under separate enclosure.

 

The subject site has a total area of 66,656sqm and comprises six lots, being 65, 73, 73A, 83, 123-135 Mulgoa Road and 1 Retreat Drive, Penrith. The parcels are described as: Lot 1 DP1043008, Part Lot 1 DP1043008, Part of Lot 13 DP710086, Lot 1021 DP812335, Part of Lot 151 DP863625, and Lot 1 DP1064526. All lots are owned by the Panthers Group except for 1 Retreat Drive (Lot 1 DP1064526) which is owned by Penrith City Council. A plan showing the location of the subject site is provided at Attachment 1.

 

 

 

Current planning controls

 

The subject site is zoned SP3 Tourist under LEP 2010 with additional permitted uses that includes ‘residential flat buildings’ and ‘retail premises’. The site-specific provisions of LEP 2010 place a maximum cap on the total gross floor area of ‘retail premises other than outlet premises’ at the Panthers Penrith Precinct at 12,500sqm and ‘outlet centres’ at 25,000sqm.

 

The maximum permitted Floor Space Ratio for the site is 1:1. The subject site also contains a heritage item of local significant in the south-eastern portion, being “The Willows” house (Item No. 815).

 

Under LEP 2010 three height controls apply to the subject site. A 15m height control applies to the north-western portion of the site, a 20m height control applies to the central portion, and a 24m height control applies to the south-eastern portion.

 

The Penrith Development Control Plan 2014 (DCP 2014) prescribes site-specific planning controls for the land known as the “Panthers Penrith Precinct”, which is a sub-section of the wider “Riverlink Precinct” DCP chapter. The illustrative concept plan within the DCP identifies the subject site for indicative land uses consisting of ‘Outlet Centre / Retail’, ‘Residential’ and ‘Hotel / Residential’.

 

Two planning agreements apply to the Panthers Penrith Precinct, being:

1.   ‘Planning Agreement Outlet Centre’, executed 28 November 2012 between Council and the Panthers Group. This planning agreement relates to the ongoing management of an outlet centre, should it be granted development consent.

2.   ‘Planning Agreement Road Works’, executed 28 November 2012 between Council, the Panthers Group and Roads and Maritime Services. This planning agreement sets out the mechanism for timing and delivery of the necessary State and local road infrastructure attributable to the Panthers Penrith Precinct.

 

The Planning Proposal

 

The Planning Proposal seeks to amend the LEP 2010 Height of Buildings Map to permit increased maximum building heights of 15m, 20m, 24m, 38m and 50m at the subject site and to reduce building heights in some locations. The purpose of the proposed amendment is to facilitate the development of the site for mixed-use and residential flat building purposes. The application is supported by a detailed analysis of the opportunities and constraints of the site, in particular the impact on traffic, flooding and urban design from the proposed amendment to the maximum building heights.

 

Attachment 2 presents a map comparing the current and proposed LEP 2010 height controls applying to the subject site.

 

A proposed scheme for the development of the subject site has been prepared which proposes a residential, mixed-use precinct incorporating a range of residential tower buildings. The scheme seeks development of the subject site for 11 buildings containing 859 apartments, three of which would sit above commercial podiums containing 3,305sqm of general retail floor space. Prominent gateway buildings are sought on the corner of Ransley Street and Mulgoa Road as well as at the western end of Ransley Street adjacent to the lake.

 

The development scheme seeks a combination of lower and taller buildings, redistributing height across the site with the intention to achieve a better built form outcome compared to the outcome that would otherwise be derived under the current applicable height controls. The proponent submits that the scheme would provide a built form outcome that would both appropriately transition with surrounding built form and reflect an intention for key landmark and mixed-use buildings at certain locations.

 

No increase is sought to the maximum permitted Floor Space Ratio (FSR) prescribed by LEP 2010 for the subject site.

 

It is anticipated that the development scheme will be lodged with Council as a future development application.

 

Drawings of the proposed scheme for the development of the subject site are provided at Attachment 3.

 

The applicant has lodged with Council a proposed amendment to the Penrith Development Control Plan 2014 (DCP 2014) to reflect the proposed development scheme and the changes sought to LEP 2010. The proposed amendment seeks changes to relevant diagrams, proposed land uses, changes to heights, and changes to the layout and structure, including roads, through-site links and building envelopes. The proposed DCP amendment will be assessed by Council officers and reported to Council as a separate matter.

 

Assessment of Planning Proposal

 

Traffic

 

The submitted traffic analysis indicates that traffic generation from the proposed development scheme would be less than that which would be generated under the current endorsed scheme for the subject site.

 

Analysis for all external road connections indicates that the proposed changes would not have any adverse impact on the operation of intersections compared to agreed performance under the road works planning agreement. The triggers for road infrastructure in the planning agreement will need to be reviewed based on the proposed development scheme. This will be undertaken as part of the agency consultation associated with the Department of Planning and Environment’s (DP&E) Gateway process.

 

Flooding

 

Development of the Panthers Penrith Precinct is not at this stage supported by a precinct-wide Flood Impact Assessment that has been accepted by Council. The impacts from the development and the flood planning controls required to appropriately manage flooding in the precinct are yet to be confirmed.

 

In 2015 a consultant working on behalf of the Panthers Group prepared a detailed Flood Impact Assessment for the Panthers Penrith Precinct site. This assessment was not accepted by Council. The same consultant is currently preparing an updated Flood Impact Assessment for the Panthers Penrith Precinct on behalf of the developer which incorporates the new proposed development scheme for the subject site. Council officers have requested that this assessment be finalised and submitted to Council for consideration.

 

In the absence of a detailed Flood Impact Assessment that is endorsed by Council, finished floor levels cannot be set. This may affect the final outcome of the proposed development scheme for the subject site. Flooding matters at the subject site will be addressed as part of a future development application assessment process.

 

 

 

Urban design

 

The proposed scheme for the development of the subject site will be workshopped at an upcoming Design Review Panel meeting. The final development outcome for the site is subject to change. Any matters that may arise from this meeting, such as design and orientation, will be addressed prior to the submission of the planning proposal to DP&E or as part of a future development application assessment process.

 

It is also proposed that additional controls are incorporated into the proposed amendment to DCP 2014 to achieve appropriate urban design outcomes and design excellence.

 

Retail outcomes

 

Given the proposed scheme that is before Council for consideration is predominantly residential development, it would be appropriate to manage the general retail floor space that could be distributed within the subject site. To manage the distribution of general retail floor space across the Panthers Penrith Precinct so that it does not compete with major commercial centres, it is proposed to limit the general retail floor space on the subject site to 3,500 square metres. This limitation will be imposed through an amendment to DCP 2014. This would result in 9,000 square metres of general retail available to be permitted on the balance of the Panthers Penrith Precinct.

 

Part of the subject site is on land that was intended for Outlet Centre in the previous vision. It is therefore also proposed that the provisions of LEP 2010 be amended to reflect the removal of an Outlet Centre from the development scheme for the Panthers Penrith Precinct.

 

Next steps

 

Should Council endorse the recommendation, the following steps will occur in accordance with the Environmental Planning and Assessment 1979:

 

1.   Council Officers will continue to update the Planning Proposal, written instrument and associated maps.

2.   Council Officers will prepare an amendment to Development Control Plan Chapter E13 Riverlink Precinct (Part B - Panthers Penrith Precinct) to reflect the proposed development scheme and the changes sought to LEP 2010, limit general retail floor space on the subject site to 3,500 square metres and incorporate controls to achieve appropriate urban design outcomes and design excellence.

3.   Council Officers will forward the Planning Proposal to the Minister for Planning, seeking a ‘Gateway Determination’ and authorisation that the LEP plan making process may proceed.

4.   Council Officers will liaise with the Department of Planning and Environment and negotiate any changes sought by the Department in the lead up to the Gateway Determination.

5.   The Gateway Determination will, amongst other things, authorise a list of public authorities that Council must consult prior to finalisation of the Planning Proposal for public exhibition.

6.   The Planning Proposal will be publicly exhibited for the period specified in the Gateway Determination.

7.   Submissions to the Planning Proposal exhibition will be reviewed, and recommendations prepared for Council’s consideration.

8.   Following the conclusion of the community consultation, a Peer Review will be undertaken of the Planning Proposal and Process carried out by Council officers for the Planning Proposal.

9.   The Planning Proposal will be presented to Council for endorsement and then forwarded to the Minister for Planning to make the LEP.

During these processes, amendments to the draft Planning Proposal will continue to be made. These changes may result from further consultations (such as with relevant government agencies), directions or suggestions from the Department of Planning and Environment or additional technical information, that subsequently affect the draft Planning Proposal.

 

Council officers will update Councillors of any significant changes to the draft Planning Proposal through briefings and relevant reports.

 

Conclusion

 

Council is in receipt of a Planning Proposal which seeks to change the maximum permitted building heights under LEP 2010 for an area of land within the Panthers Penrith Precinct.

 

Council officers have completed an assessment of the proposal. The justification and rationale for the proposed changes is generally supported.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal - Amendment to building heights on land within the Panthers Penrith Precinct be received.

2.    Council prepare an amendment to Development Control Plan Chapter E13 Riverlink Precinct (Part B - Panthers Penrith Precinct) to:

a.   reflect the proposed development scheme and the changes sought to LEP 2010;

b.   limit retail floor space on the subject site to 3,500 square metres;

c.   incorporate controls to achieve appropriate urban design outcomes and design excellence.

3.    Council commence a Gateway process for the consideration of a Planning Proposal in accordance with the requirements of the Environmental Planning and Assessment Act 1979 to:

a.   change the building heights on subject site as identified in the enclosed Planning Proposal;

b.   reflect the removal of an Outlet Centre as a permitted use within the Panthers Penrith Precinct

4.    The General Manager be granted delegation to update and finalise the Planning Proposal (provided under separate cover and tabled tonight) before submitting it to the Department of Planning and Environment seeking a Gateway Determination.

5.    Council publicly exhibit the Planning Proposal for a period to be specified in the Gateway Determination, in accordance with the community consultation requirements under Section 57 of the Environmental Planning and Assessment Act 1979 and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning and Environment as part of the Gateway Determination.

6.    Following the conclusion of the community consultation referred to in resolution 5, a Peer Review be undertaken of the Planning Proposal and Process carried out by Council officers for the Planning Proposal.

7.    A further report be presented to Council following the Public Exhibition.

 

 

ATTACHMENTS/APPENDICES

1.  

Location of Subject Site

1 Page

Appendix

2.  

Proposed changes to height controls

1 Page

Appendix

3.  

Proposed scheme for the development of the subject site

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  23 May 2016

Appendix 1 - Location of Subject Site

 

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Ordinary Meeting                                                                                                                  23 May 2016

Appendix 2 - Proposed changes to height controls

 

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Ordinary Meeting                                                                                                                  23 May 2016

Appendix 3 - Proposed scheme for the development of the subject site

 

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Ordinary Meeting                                                                                                    23 May 2016

 

 

 

3

Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park  Applicant:  Property Innovations Group;  Owner:  Lddt Properties Pty Limited   

 

Compiled by:               Donna Clarke, Consultant Planner

Authorised by:            Anthony Price, Acting Development and Environmental Health Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a development application for demolition of an existing dwelling and construction of two storey townhouses (multi-unit housing development) comprising of five (5) x three (3) bedroom dwellings.  Under Penrith Local Environmental Plan (LEP) 2010, the site is zoned R3 Medium Density Residential the proposal defined as multi-unit housing which is a permissible land use in the zoning with Council consent.

 

The application has been notified to adjoining properties, exhibited and three objections were received, regarding potential impact on privacy, traffic and parking in Brisbane Street. The applicant has amended the plans in an effort to improve privacy between properties however additional conditions are also recommended. Given this, the remaining concerns raised are not considered to warrant refusal of the application.

 

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

Sites & Surrounds

The site is rectangular in shape, with an area of 1093m². It is located on the southern side of Brisbane Street and is relatively flat with a north/south orientation. The site features an existing dwelling and associated outbuildings. The surrounding area is characterised by traditional low to medium density residential development comprising of mainly single and two storey dwellings, within an area transitioning to multi-unit housing generally in the form of villas and townhouses.

Proposal

The proposed development involves:

 

·    Demolition of existing dwelling, structures and outbuildings and removal of vegetation along boundaries;

·    Construction of 5 x 2 storey 3 bedroom (plus study) townhouses within three buildings;

·    Undercover (garage) parking for 5 vehicles and uncovered parking arrangements for 5 vehicles;

·    1 uncovered visitor car parking space;

·    Stormwater drainage to the street and associated landscaping;

·    Materials to be a mix of brown and grey facebrick and cladding, with cladded pitched roof;

·    Maximum 500mm fill; and

·    1.8m high boundary fencing and 1.8m high fence to the courtyard of Unit 1 facing the street, with timber slats.

 

Planning Assessment

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

 

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

Sydney Regional Environmental Plan No.20 ­ Hawkesbury Nepean River

An assessment has been undertaken of the application against relevant criteria with Sydney Regional Environmental Plan No 20 Hawkesbury­Nepean River (No 2 1997) and the application is satisfactory subject to recommended conditions of consent (see Standard Conditions B004, B005, D001, K209, K210).

 

State Environmental Planning Policy No 55 – Remediation of Land

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) aims to provide a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of SEPP 55 prevents Council from consenting to a development unless it has considered whether or not the land is contaminated, and if contaminated 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.

 

The site has been historically used for residential purposes and there is no evidence to suggest that the land has previously supported any activities which may have resulted in land contamination. This information is sufficient to conclude that a Stage 1 Preliminary Site Investigation is not warranted. Accordingly, the provisions of SEPP 55 have been satisfied.

 

Penrith Local Environmental Plan 2010 (Amendment 4)

The site is zoned R3 Medium Density Residential under Penrith LEP 2010. Multi dwelling housing is permitted with development consent within the R3 zone. The objectives of the R3 Medium Density Residential zone are:

 

·    To provide for the housing needs of the community within a medium density residential environment.

 

·    To provide a variety of housing types within a medium density residential environment.

 

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

·    To provide for a concentration of housing with access to services and facilities.

 

·    To enhance the essential character and identity of established residential areas.

 

·    To ensure that a high level of residential amenity is achieved and maintained.

 

·    To ensure that development reflects the desired future character and dwelling densities of the area.

 

The proposed development meets the objectives of the zone, providing multi­unit housing to meet the housing needs and provides choice, whilst achieving a good landscaped setting and sufficient separation to adjoining dwellings. The site is located within an area transitioning from single dwellings to multi­unit housing and reflects the future character of the area. The site is also in proximity of services and public transport. The amended first floor window designs proposed and required by condition (special 2.5) ensures the privacy for adjoining properties is maintained.

 

A minimum site area of 800m² for multi­unit housing is required. The site is 1093m² which satisfies this requirement. The LEP allows a maximum height of 8.5m. The proposed building height is below this control. The proposed building is compatible with the height, bulk and scale of the existing and desired future character of the locality and has been designed to minimise amenity impacts.

 

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

There are no draft environmental planning instruments applying to the site.

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

Penrith Development Control Plan 2014

Penrith Development Control Plan (DCP) 2014, Part 4, Section 4.5 Residential – Two Storey Town House Development is applicable to the site and an assessment is outlined in Attachment 3. The development is compliant with the required controls of the DCP with the exemption of the Landscaped Area which at 38.5% represents a 4% variation to the 40% requirement. This minor variation is considered acceptable given an additional on-site visitors parking space has now been provided, significant trees are being retained and private open space requirements are met.

 

4.   Section 79C(1)(a)(iv) – The Provisions of the Regulations

In accordance with Section 143 of the Environmental Planning and Assessment Regulation 2000, an assessment of the fire protection and structural capacity of the proposed building is necessary. The application has been referred to Council's Building Surveyors for assessment and subject to conditions complies with the requirements of the Regulations.

 

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

Potential impacts of the proposed development identified throughout the assessment process include are addressed as follows:

 

Context and Setting

The proposal is in keeping with the desired residential character of the locality. Therefore, the application is supported for the following reasons:

 

·    The proposal is a permissible land use in the zone.

·    The proposed town houses are consistent with the surrounding built environment.

·    The proposal is consistent with the transitioning residential character of the locality.

·    The applicant has incorporated design measures in the siting, setbacks, height, bulk and external finishes of the development which compliments the established streetscape.

·    The townhouses would have no impact on the natural environment (i.e. flooding, significant vegetation).

·    The proposal will provide a good level of amenity for the future occupants of the townhouses and maintain the amenity of the surrounding residents.

 

Access, traffic and transportation impacts

The proposal will have minimal impact on local traffic and parking conditions for the following reasons:

 

·    The proposed driveway, including width, complies with Council’s requirements.

·    Adequate onsite parking has been provided for the development in accordance with the DCP.

·    Brisbane Street (being a local road) has good access to the broader road network and therefore the site has the capacity to accommodate the additional traffic generated by the proposal.

·    The provision of vehicle maneuverability maintains compliance with the relevant Australian Standard (AS2890).

·    The locality is zoned to accommodate increased density, associated car parking and traffic movements.

 

Utilities/Water and Energy

The site has connections to all utility services. The standard conditions for obtaining a Section 73 Certificate from Sydney Water and written clearance from Endeavour Energy are recommended (GO02 and G004).

 

Noise and vibration

To maintain the acoustic privacy and amenity of the surrounding developments, a standard condition restricting work hours is recommended (B006). The above assessment has indicated that the positioning, size, form and appearance of the proposed townhouses are responsive to the environmental conditions and site attributes.

 

The site is not located in the vicinity of a rail or major road corridor and therefore further consideration to noise and vibration impacts are not necessitated.

 

Landscaping

A landscape plan accompanies this application and is in accordance with the DCP. The proposed landscaping consists of a combination of ground covers, shrubs and trees which are in accordance with the DCP requirements. Three trees along the rear and one street tree are being retained with a standard condition (L008) recommended accordingly.

 

Socio Economic impacts

The proposal will increase housing supply and choice to satisfy local demands and is consistent with the objectives of housing need under the provisions of LEP 2010.

 

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

The subject site is in excess of the minimum area and frontage requirements under the LEP and is relatively flat. The design and siting of the buildings is considered responsive to the site attributes and the development is responsive to the desired character of town house development in the R3 zone.

 

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

In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made.

 

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan the application was notified to adjoining owners and / or residents and exhibited for 14 days between 3 August 2015 and 17 August 2015. Three submissions were received. The following table addresses the issues made in the submissions:

 

 

Issue Raised

Comment

Loss of privacy from elevated windows, in particular with respect to overlooking swimming pool at No. 84. Attic style villas preferred over two storey townhouses.

Amendments to the proposed development have been made which alters the first floor bedrooms (not including the study) on the east elevations windows to be highlight windows with an increased sill height to prevent overlooking or the lower portions of the windows obscured, whilst still providing daylight to the bedrooms. The proposed dwellings are separated by the driveway. There is limited opportunity to embellish landscaping, however it is considered that the separation and changes to windows ensures overlooking of No. 84 is minimised.

 

Council's current controls allow two storey rather than attic style villas. The visual appearance of the townhouses is more desirable and the proposed amendments to windows will address privacy concerns.

Increase in traffic since approval of townhouses at No. 80 Brisbane St, resulting in no room to park on the street or at local shops.

In zoning the area for multi­unit housing, Council's Traffic Officers determined that the area could withstand the increase in traffic. Given the increase in densities in the area an increase in traffic is likely.

Loss of privacy from southern windows of Unit 5, in particular with respect to overlooking swimming pool at No. 105 Canberra St. Requests windows on first floor to be frosted.

Amendments to the proposed development have been made which alters the bathroom and ensuite windows on the first floor of the southern elevation of Unit 5 to be obscured to prevent overlooking, whilst still providing daylight. The proposed unit is separated by a 6m rear setback and landscaping.

The subject development (No.86) and No. 79 Brisbane Street have slow points outside their frontages which will cause traffic problems during construction and parking outside of nearby resident’s houses will occur, restricting their access.

 

Loss of on-street car parking due to slow point and parking from other townhouses already, causing issues for access to dwellings, including trailer or boat.

Some traffic impacts may be experienced during construction due to the need for contractors to park nearby. However, there is ample parking provided within the development for on-going use by residents.

Proposed garages are poorly positioned and unlikely to be used.

The proposed garages meet the relevant Australian Standards. Each unit has a garage and an open space which have easy access.

Reduce development by one unit to allow more car parking within the development.

A visitor space was added to the development during the assessment process. There is ample car parking on site and given the small scale of this development containing 5 units, it is not appropriate to further reduce the dwelling numbers.

 

Referrals

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

 

Referral Body

Comments Received

Building Surveyor

No objections ­ subject to conditions

Development Engineer

No objections ­ subject to conditions

Environmental ­ Waterways

No objections ­ subject to conditions

 

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

The proposed development will not generate any significant issues of public interest and will increase housing supply in the area.

 

Section 94 Contributions

The following Section 94 contributions are applicable to the proposed development:

 

Contributions Plan

Contribution

Cultural Facilities

$1,323.00

Penrith City District Open Space Facilities

$12,862.00

Penrith City Local Open Space

$4,650.00

Total Contributions

$18,835.00

 

 

Conclusion

In assessing this application against the relevant environmental planning instruments and policies, the proposal satisfies the aims and objectives of the relevant Environmental Planning Instruments, Development Control Plans and satisfies the heads of consideration under Section 79C of the EP&A Act.

 

The proposed built form is site responsive, complies with key development standards and is in the public interest. Furthermore, it will have a positive impact on the surrounding character of the area as it delivers an amenable development outcome to its users as well as the community (in regard to its integration with the transitioning character of the area and its contribution to housing yields and density in the area).

 

The site is suitable for the proposed development. The development is in the public interest through the provision of additional housing in an area located close to existing key amenities and services. Subject to recommended conditions of consent there is unlikely to be negative impacts arising from the proposed development.

 

The issues raised within the submissions have been addressed by way of amendments to first floor bedroom windows on the eastern elevation and bathroom windows on the southern elevation.

 

Therefore, the application is worthy of support and is recommended for approval.

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park be received.

2.    DA15/0768 for Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park be approved subject to the following conditions of consent:

Standard Conditions

A001 - Approved plans

A008 ­ Works to BCA requirements

A009 ­ Residential Works DCP

A019 ­ Occupation Certificate

A038 ­ Lighting Locations

A039 ­ Graffiti

A046 ­ Obtain Construction Certificate before commencement of works

B002 ­ As For Demolition And Disposal To Approved Landfill Site

B003 ­ Asbestos

B004 ­ Dust

B005 ­ Mud/Soil

B006 ­ Hours of work )7am 6 6pm Mon-Fir, 7am-1pm Sat and no work Sun).

D001 ­ Implement approved sediment& erosion control measures

E001 ­ BCA compliance

G002 ­ Section 73

G004 ­ Integral Energy

H001 ­ Stamped plans and erection of site notice

H002 ­ All forms of construction

H041 ­ Hours of work (other development)

K101 ­ Works at no cost to Council

K201 ­ Infrastructure Bond

K202 ­ S138 Roads Act – Works and Structures ­ Minor Works in the public road Driveways Road Openings

K209 ­ Stormwater Discharge – Minor Development

K210 ­ Stormwater Management

K222 ­ Access, Car Parking and Manoeuvring – General

K302 ­ Traffic Control Plan

K403 ­ Major Filling/ Earthworks

K405 ­ Turf to Verge

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

K504 ­ Stormwater Compliance

K505 ­ Restriction as to User and Positive Covenant

K601 ­ Stormwater Management system operation and maintenance

L001 ­ General

L008 ­ Tree Preservation Order

M013 ­ Street trees

N001 ­ Section 94 contribution

N001 ­ Section 94 contribution

N001 ­ Section 94 contribution

P001 ­ Costs

Q01F ­ Notice of Commencement & Appointment of PCA2

Special Conditions

2.1       Storage areas, letter boxes, electrical meter boards, TV antennas are to be implemented in accordance with Clause Part 4 Section 4.5 Residential ­Townhouse Development of Penrith Development Control Plan 2014.

 

2.2       A 2m wide paved clothes drying area and an area for storage of bins is required within each courtyard and is not to extend into a car parking space.

 

2.3       The proposed garages are to be fitted with an automated roller door.

 

2.4       An updated Landscape Plan and Erosion & Sedimentation Control Plan is required to be submitted with the Construction Certificate to reflect the addition of a visitor car parking space.

 

2.5       In order to improve the privacy of residents, all first floor windows to south/east and west elevations are to have a minimum sill height of 1.7m above finished floor level, be obscure glazed below this height or be relocated to an internal elevation. Details are to be submitted for consideration and approval prior to the issue of Construction Certificate.

 

2.6       In order to improve safety and amenity between living areas and private courtyards, the back door to the porch of all units is to be glazed and an additional window is to be provided between the kitchen and porch.

 

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

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Map

1 Page

Attachments Included

2.  

Architectural Plans

9 Pages

Attachments Included

3.  

Penrith DCP 2014 Assessment

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    23 May 2016

 

 

 

4

Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park  Applicant:  Pretech Pty Ltd;  Owner:  ZLZ Enterprises Pty Ltd   

 

Compiled by:               Pukar Pradhan, Senior Environmental Planner

Authorised by:            Anthony Price, Acting Development and Environmental Health Manager 

Requested By:            Councillor Prue Car MP

 

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 demolition of the existing dwellings and construction of thirteen (13) x four (4) bedroom two storey townhouses on the abovementioned properties.  Under Penrith Local Environmental Plan (LEP) 2010, the site is zoned R3 Medium Density Residential and the proposal is defined as multi-unit housing which is permissible with Council consent.

 

The application has been notified to adjoining properties and exhibited between 18 January and 2 February 2016 with three objections received, regarding potential loss of privacy from upper levels, increase in traffic, on street parking and potential for rubbish to be located along the streets. It is considered that relevant concerns can be adequately addressed through recommended conditions of consent. An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval, subject to recommended conditions.

 

Site and surrounds

The subject site is rectangular in shape and involves two allotments with street frontages to Braddon Street and Brisbane Street (see locality plan Attachment 1). The site is located 1.50km to the north of St Marys Station and 800m south of the Great Western Highway. The Braddon Street frontage is 19.435m wide and a 19.81m wide frontage exists to Brisbane Street, with a total depth of 132.35m.  The total site area is 2,595sqm. The site has north-south orientation and has a gentle fall from Brisbane Street to Braddon Street.

The site currently contains two dwellings and a swimming pool and some out buildings that are proposed to be demolished to make way for the proposed development. The surrounding area is characterised by traditional low to medium density residential development comprising mainly single and two storey dwellings, within an area transitioning to multi-unit housing generally in the form of villas and townhouses.

 

Proposal

The proposed development (refer architectural plans attachment 2) involves:

 

·    Demolition of existing dwellings, structures and outbuildings and swimming pool;

·    Construction of 13 x 2 storey, 4 bedroom townhouses within three buildings;

·    Separate vehicular access is provided from both streets with 5 Units fronting Brisbane Street and 8 Units fronting Braddon Street;

·    Single garage parking for 13 vehicles and uncovered stacked parking for 13 vehicles;

·    2 uncovered visitor car parking spaces proposed (special cond. 2.1 recommends an additional space be required for a total of 3 visitor spaces);

·    Stormwater drainage to the street and associated landscaping;

·    Materials to be a mix of brown and grey facebrick and cladding, with cladded pitched roof;

·    1.50m high picket fence to the courtyard of Units fronting the streets and 1.8m high boundary fencing;

·    Provision of a common open space and landscape area in the central part of the site;

·    Provision of separate bin storage areas along both street frontages.

 

Planning Assessment

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

 

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

Sydney Regional Environmental Plan No.20 ­ Hawkesbury Nepean River

An assessment has been undertaken of the application against relevant criteria with Sydney Regional Environmental Plan No 20—Hawkesbury­Nepean River (No 2—1997) and the proposal incorporates stormwater plan that demonstrates the development can adequately cater and can convey stormwater to the existing street network without significant impact to the  existing system.  Appropriate conditions (standard D001, K209, K210) have been recommended to provide soil erosion and sediment control measures for the development and a special condition (2.2) is recommended for Water Sensitive Urban Design Measures to be incorporated.  The application is satisfactory subject to recommended conditions of consent.

 

State Environmental Planning Policy No 55 – Remediation of Land

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) aims to provide a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of SEPP 55 prevents Council from consenting to a development unless it has considered whether or not the land is contaminated, and if it is, Council 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.

 

The site has been historically used for residential purposes and there is no evidence to suggest that the land has previously supported any activities which may have resulted in land contamination. This information is sufficient to conclude that a Stage 1 Preliminary Site Investigation is not warranted. Accordingly, the provisions of SEPP 55 have been satisfied.

Penrith Local Environmental Plan 2010 (Amendment 4)

The site is zoned R3 Medium Density Residential under Penrith LEP 2010. The proposal is defined as Multi dwelling housing which is permitted with development consent within the R3 zone.

 

The objectives of the R3 Medium Density Residential zone are:

 

·    To provide for the housing needs of the community within a medium density residential environment.

 

·    To provide a variety of housing types within a medium density residential environment.

 

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

·    To provide for a concentration of housing with access to services and facilities.

 

·    To enhance the essential character and identity of established residential areas.

 

·    To ensure that a high level of residential amenity is achieved and maintained.

 

·    To ensure that development reflects the desired future character and dwelling densities of the area.

 

The proposed development meets the objectives of the zone, as the development:

 

·    provides multi­dwelling housing to meet the housing needs and provides housing choice,

·    achieves a good landscaped setting and sufficient separation to adjoining dwellings,

·    site is in proximity of services and public transport, and

·    design presents well to the street and maintains a good level of amenity for adjoining properties.

·    site is located within an area transitioning from single dwellings to multi­unit housing and reflects the future character of the area,

 

A minimum site area of 800m² for multi­unit housing is required. The site is 2,595m² which satisfies this requirement. The LEP allows a maximum height of 8.5m. The proposed building height is 7.60m which is below this control. The proposed building is compatible with the height, bulk and scale of the existing and desired future character of the locality and has been designed to minimise amenity impacts.

 

The site contains several medium sized trees and some of the trees are proposed to be removed.  The landscape plan shows that there will be three medium sized trees retained and several additional trees will be planted within the site as part of the application.

 

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

There are no draft environmental planning instruments applying to the site.

 

 

 

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

Development Control Plan 2014

Penrith Development Control Plan (DCP) 2014, Part 4, Section 4.5 Residential – Two Storey Town House Development is applicable to the site. The development is for the most part compliant with the required controls of the DCP (a table of compliance is attached to the report in Attachment 3). Specific matters of compliance and non­compliance are noted below.

 

Site Planning & Design Principles

The site is generally flat and located within a transitioning area. The buildings have been designed in contemporary architecture that is compatible with recently constructed multi-unit housing developments in the area. The design responds to the constraints of the site and architecturally presents well when viewed from the street. The site is suitable for redevelopment.

 

Landscaped Area

The development is required to provide a landscape area of 40% of the total site area. The proposal initially provided 41.54% landscape area and was compliant with the DCP.  However, the development provides for two on-site visitor parking spaces only instead of three as required by the DCP.  The site has sufficient area to provide one additional on-site parking space between units 5 and 6 and a special condition has been recommended to amend the plan to incorporate this prior to the issue of any Construction Certificate (special condition 2.1).

The provision of an additional parking space on site will reduce a small amount of landscaping area. As a result of this, the landscaped area will now be reduced to 39% i.e. less by 1%.  The proposed landscaping includes planting of sufficient vegetation that is suitable for the site, provide screening for the development and enhancing the streetscape. The minor variation will not be discernible and in the long term will result in improving the streetscape and amenity of the area.

 

Traffic and Parking

The development will generate some additional traffic movements in the area.  The traffic generated from this development relies on two streets as the development is split into two sections with a common open space area being located in the central part of the site denying through traffic. The applicant has been required to install bollards on both sides of the central landscape area to restrict vehicles from going from one street to another.

 

The application was examined by Council’s Traffic Engineer who has advised that the traffic increase generated from this development is not considered to be significant and unlikely to have an adverse impact to the local traffic movements in the area.

 

Under the DCP the development is required to provide 29 on-site parking spaces comprised of 26 resident spaces at two per unit, and 3 visitor spaces at one per 5 units. The proposal initially provided for 28 on-site parking spaces and did not comply with the DCP requirement.  The applicant has been required to amend the site plan to include an additional visitor parking space on site (recommended special condition 2.1) to reduce on street parking and the proposal is now compliant with the DCP.

 

 

4.   Section 79C(1)(a)(iv) – The Provisions of the Regulations

 

In accordance with Section 143 of the Environmental Planning and Assessment Regulation 2000, an assessment of the fire protection and structural capacity of the proposed building is necessary. The application has been referred to Council's Building Surveyors for assessment and subject to conditions complies with the requirements of the Regulations.

 

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

Likely impacts of the proposed development as identified throughout the assessment process include:

 

Context and Setting

The proposal is in keeping with the desired residential character of the locality. Therefore, the application is supported for the following reasons:

 

·    The proposed town houses are consistent with the surrounding built environment;

·    The proposal is consistent with the transitional residential character of the locality;

·    The applicant has incorporated design measures in the siting, setbacks, height, bulk and external finishes of the development which compliment the established streetscape;

·    The townhouses would have no impact on the natural environment (i.e. flooding, significant vegetation);

·    The proposal will provide a high level of amenity for the future occupants of the townhouses and maintain the amenity of the surrounding developments.

 

Access, traffic and transportation impacts

The proposal will have minimal impact on local traffic and parking conditions for the following reasons:

 

·    The proposed driveway dimensions comply with Council’s requirements.

·    Adequate onsite parking has been provided for the development in accordance with the DCP;

·    Brisbane Street and Braddon Street have good access to the broader road network and have the capacity to accommodate the additional traffic generated by the proposal.

 

Utilities/Water and Energy

The site has connections to all utility services. Standard conditions G002 and G004 for obtaining a Section 73 Certificate from Sydney Water and written clearance from Endeavour Energy are recommended.

 

Drainage

Council’s Development Engineer has assessed the concept drainage plan to be satisfactory and prevent impact of stormwater on adjoining properties subject to recommended conditions (K209 and K210).

 

The stormwater management plan was also referred to Council’s Waterways Officer for comments. The submitted document did not provide sufficient information namely a ‘Music Model’ to demonstrate that it can satisfy Council’s Water Sensitive Urban Design (WSUD) Policy and requirements.  The applicant was requested to provide additional information to demonstrate compliance with the WSUD Policy but this has not been provided to date.  A special condition (2.2) is therefore recommended for the applicant to submit details to Council for consideration and approval prior to the release of the Construction Certificate as this is the only outstanding assessment matter.

 

Noise and vibration

To maintain the acoustic privacy and amenity of the surrounding developments, standard condition (H041) restricting work hours is recommended. The above assessment has indicated that the positioning, size, form and appearance of the proposed townhouses are responsive to the environmental conditions and site attributes. The site is not located in the vicinity of a rail or major road corridor and therefore further consideration to noise and vibration impacts are not necessitated.

 

Landscaping

A landscape plan accompanies the application and is in accordance with the DCP. The proposed landscaping consists of a combination of ground covers, shrubs and trees with an existing street tree and gumtree in the front setback to Braddon Street to be retained. The Brisbane Street property is largely devoid of vegetation however a standard condition (L008) is recommended to protect existing trees on adjoining properties and a new street tree is recommended by condition to be planted in the verge to the Brisbane Street frontage (special condition 2.7).

 

Socio Economic impacts

The proposal is consistent with the objectives of housing need under the provisions of the LEP.

 

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

The site width is in excess of 19m and the area well over the minimum required in the LEP. The land is relatively level and unconstrained. The design and siting of the buildings is considered responsive to the site attributes and the development is responsive to the desired character of town house development in the R3 zone.

 

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

In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made and addressed as follows:

 

Community Consultation

In accordance with Chapter 2.7 of Penrith Development Control Plan the application was notified, exhibited for 14 days between18 January and 2 February 2016 and three submissions were received. The following issues were raised in the submissions received and are addressed in the following table:

 

Issue Raised

Comment

Any new fences required as part of this redevelopment to be borne by the applicant

A condition is recommended to ensure that the applicant will need to bear the cost of constructing any new fences as part of the development.

Loss of privacy

All upper windows are bedrooms only however a condition is recommended to amend the first floor bedroom windows to be either highlight windows with an increased sill height or to be obscure glazed to the lower half, in order to prevent any potential for overlooking whilst still providing daylight to the bedrooms.

Increase in traffic 

Whilst an increase in traffic is likely to occur,

Council’s Traffic Engineer has advised that the existing road network is capable of catering for the amount of traffic that is going to be increased as a result of this development.

No footpath along Braddon Street has made people walk on street during rainy days

This is a temporary situation during construction of other development sites. Long term footpath provision is in accordance with Council’s works program.

Potential on-street car parking due to this and other townhouses  in the area

Some traffic impacts may be experienced during construction due to the need for contractors to park nearby. However, the development provides for adequate onsite parking spaces within the development for on-going use by residents.

Increase in vandalism to  infrastructure due to the increase in population due to increase in townhouses

No evidence has been submitted to indicate a link between specific townhouse developments and increased vandalism. 

Increase in noise from the occupants

The potential for increase in noise is considered to remain within acceptable residential limits.

Stormwater Management

The submitted stormwater plan has been assessed by Council’s Development Engineer to be satisfactory but WSUD is yet to be addressed. Appropriate conditions have been recommended.

 

Referrals

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

 

Referral Body

Comments Received

Building Surveyor

No objections ­ subject to conditions

Development Engineer

No objections ­ subject to conditions

Environmental ­ Waterways

Additional information demonstrating WSUD policy requested not yet provided. This has been recommended as a special condition 2.2.

 

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

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

 

Section 94 Contributions

The following Section 94 contributions are applicable to the proposed development:

 

Contributions Plan

Contribution

Cultural Facilities

$3,3704.00

Penrith City District Open Space Facilities

$36,907.00

Penrith City Local Open Space

$13,345.00

Total Contributions

$53,956.00

 

Conclusion

In assessing this application against the relevant environmental planning instruments being SREP 20, Penrith LEP 2010 and Penrith DCP 2014, the proposal satisfies the aims and objectives of the relevant EPI and satisfies the heads of consideration under Section 79C of the EP&A Act.

 

The proposed built form is site responsive, complies with key development standards and it integrates with the transitioning character of the area and its contribution to housing yields and density in the area.  Furthermore, it will have a positive impact on the surrounding character of the area as it delivers an amenable development outcome to its users as well as the community.

 

The development is in the public interest through the provision of additional housing in an area located close to existing key amenities and services. Subject to conditions of consent there is unlikely to be negative impacts arising from the proposed development.

 

The issues raised within the submissions received relevant to this application have been addressed by way of amendments to first floor bedroom windows and recommended conditions. Other broader issues raised in submissions are not considered to be specific to this application that they could be justified as reasons for refusal given policy compliance.

 

The site is suitable for the proposed development, the application is worthy of support and is recommended for approval.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park be received.

2.    Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park be approved subject to the following conditions of consent:

Standard Conditions

A001 - Approved plans

A008 ­ Works to BCA requirements

A009 ­ Residential Works DCP

A019 ­ Occupation Certificate

A038 ­ Lighting Locations

A039 ­ Graffiti

A046 ­ Obtain Construction Certificate before commencement of works

B001 – Demolition of existing structures

B002 ­ As For Demolition And Disposal To Approved Landfill Site

B003 ­ Asbestos

B004 ­ Dust

B005 ­ Mud/Soil

B006 ­ Hours of work

D001 ­ Implement approved sediment& erosion control measures

D006 – No filling without prior approval

D009 – Covering of waste storage

D010 – Appropriate disposal of excavated or other wastes

E001 ­ BCA compliance

F006 – Rain water tank and nuisance

G002 ­ Section 73

G004 ­ Integral Energy

G006 - NBN

H001 ­ Stamped plans and erection of site notice

H002 ­ All forms of construction

H041 ­ Hours of work (other devt)

H033 – Cloth lines

H036 – Rain water tank

H037 – Safety supply of water from catchment area

H038 – Connection of rain water tank supply

H039 – Rain water tank pumps

K101 ­ Works at no cost to Council

K202 ­ S138 Roads Act – Works and Structures ­ Minor Works in the public road Driveways Road Openings

K209 ­ Stormwater Discharge – Minor Development

K210 ­ Stormwater Management

K223 ­ Access, Car Parking and Manoeuvring – General

K302 ­ Traffic Control Plan

K405 ­ Turf to Verge

K504 ­ Stormwater Compliance

K505 ­ Restriction as to User and Positive Covenant

K601 ­ Stormwater Management system operation and maintenance

L001 ­ General

L008 ­ Tree Preservation Order

M013 ­ Street trees

N001 ­ Section 94 contribution

N001 ­ Section 94 contribution

N001 ­ Section 94 contribution

P001 ­ Costs

P002 – Fees associated with Council land

Q01F ­ Notice of Commencement & Appointment of PCA2

Q05F – Occupation Certificate

 

Special Conditions

 

2.1     Amended ground floor/site plan to include one additional on-site parking space between unit 5 and unit 6 shall be submitted to Council for consideration and approval with the Construction Certificate.

 

2.2     An Amended water management plan/stormwater plan including MUSIC Model corresponding with and reflecting the areas shown in the concept plans and the size/number of treatment measures indicated in the Stormwater Management Plan and Stormwater Concept Design plans are to be prepared and submitted for consideration and approval prior to the issue of a Construction Certificate. 

 

          The above plans are to be accompanied by a report demonstrating compliance with Council’s Water Sensitive Urban Design Policy and guidelines. The report shall be submitted to Council for consideration and approval prior to the issue of a Construction Certificate. Modelling parameters for the determination of the size and configuration of WSUD elements must be in accordance with MUSIC Modelling Guidelines for New South Wales (eWater User Guide which is provided with the MUSIC Software (2011) and with the parameters developed for use in Penrith. Council has developed a range of parameters to be used in the Stormwater modelling which is available in Council’s WSUD Technical Guidelines (available www.penrithcity.nsw.gov.au).

 

2.3     In order to stop vehicles from passing form one street to another, a physical barrier by way of metal Bollards of 1m height shall be installed on both Eastern and western sides of the central common landscaping open space area at a distance of 1m apart.  Details of the bollards shall be provided to Council for consideration and approval with the Construction Certificate and shall be completed prior to the issue of an occupation Certificate.

 

2.4     Storage areas, letter boxes, electrical meter boards, TV antennas are to be implemented in accordance with Clause Part 4 Section D Clause 4.5 Residential Townhouse Development of Penrith Development Control Plan 2014.

 

2.5     All stacked parking spaces located behind the garages of all units shall be dimensioned to 3.0m x 5.40m and shall be reflected on the ground floor plan submitted with the Construction Certificate.

 

2.6     A 2m wide paved clothes drying area and an area for storage of bins is required within each courtyard and is not to extend into a car parking space.

 

2.7     In order to improve the privacy of residents, all first floor windows to south and west elevations are to have a minimum sill height of 1.7m above finished floor level, be obscure glazed below this height or be relocated to an internal elevation. Details are to be submitted for consideration and approval prior to the issue of Construction Certificate.

 

2.8     A new street tree is to be planted in Brisbane Street within the site frontage consistent with existing street trees prior to issue of Occupation Certificate.

 

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

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Architectural Plans

3 Pages

Attachments Included

3.  

Penrith DCP 2014 Assessment

5 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

5        2016/17 Australian Blackspot and Active Transport Programs - Acceptance of Project Funding                                                                                                                             41

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

 

 

5

2016/17 Australian Blackspot and Active Transport Programs - Acceptance of Project Funding   

 

Compiled by:               Daniel Davidson, Senior Traffic Engineer

Authorised by:            David Drozd, Acting Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

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

      

 

Executive Summary

The purpose of this report is to advise Council of the funding offer obtained under the Federal Government’s 2016/17 Australian Black Spot Program and Active Transport Programs.  The report recommends that Council accept the 100% funding offered under these programs.

Background

In July 2015, seven Regional and Local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2016/17 Federal Government’s Australian Black Spot Program. In addition, Council considered a number of projects under the Roads and Maritime Services’ (RMS) funded ‘Safer Roads Program 2016/17’. RMS Safer Roads Program funding is yet to be announced at the time of writing this report.

 

Further to these Regional and Local road projects, Council also submitted an application for shared pedestrian cycle path funding under the Active Transport Priority Cycleways Program. 

 

Current Situation

The RMS Consultative Panel has now assessed Penrith City Council’s projects under the Australian Black Spot Program.  The RMS has advised that seven projects have been approved under the Program to the value of $837,500 and these are shown in Table 1 below.

 

TABLE 1

Projects Approved for the 2016/17 Nation Building Black Spot Program

Project Number

Project Description

Allocation

S/08798

Glenmore Parkway, Allison Drive to Kenneth Slessor Drive, Glenmore Park. Remove clearzone hazards, install wire rope barrier, CAMs, and retro reflective pavement markers.

$100,000

S/08815

Victoria Street & Sandringham Avenue, Cambridge Park. Install raised islands with additional Stop sign. Upgrade intersection from Give Way to Stop.

$27,500

S/08850

Chapel Street & Lethbridge Street, St Marys. Roundabout.

$180,000

S/08872

Barlow Street & Haining Street, Cambridge Park. Roundabout.

$160,000

S/08874

Dewdney Road & Nepean Street, Emu Plains. Median Island Stop Treatment (MIST).

$50,000

S/08875

Oxford Street, William Street & Wrench Street, Cambridge Park. Roundabout.

160,000

S/08877

Victoria Street & Gibson Avenue, Werrington. Roundabout.

160,000

 

TOTAL:

$837,500

 

The funding allocation of $837,500 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2016/17 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2017, a deadline which can be achieved as preliminary design assessment is currently underway.

 

In addition, Council has secured one project under the Active Transport Priority Cycleways Program 2016/17’ to the value of $500,000 as shown in Table 2 below.

 

TABLE 2

Projects Approved for 2016/17 Active Transport Program

Project Number

Project Description

Allocation

T/07678

Nepean Avenue, Penrith – shared path cycleway

500,000

 

TOTAL:

$500,000

 

The funding allocation of $500,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2016/17 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2017, a deadline which can be achieved as preliminary design assessment is currently underway.

 

Conclusion

Funding of this level for the two programs, to a total value of $1,337,500 should be recognised as a significant achievement for Council, and it is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local roads within the Local Government Area.

 

RECOMMENDATION

That:

1.    The information contained in the report on 2016/17 Australian Blackspot and Active Transport Programs - Acceptance of Project Funding be received.

2.    Council accept grant funding of $837,500 offered for the seven successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Australian Black Spot Program for the 2016/17 financial year.

3.    Council accept grant funding of $500,000 offered for the successful Active Transport Priority Cycleways Project shown in Table 2, for the 2016/17 financial year.

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

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        Proposed Naming of Public Reserve "Ausburn Reserve"                                               47

 

7        Penrith City Council Public Spaces CCTV Program Code of Practice                           50

 

8        Colyton Community Action Plan: Youth + Future                                                            53

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

 

 

6

Proposed Naming of Public Reserve "Ausburn Reserve"   

 

Compiled by:               Matthew Morris, Parks Program Co-ordinator

Authorised by:            John Gordon, City Presentation Manager  

 

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

Council has received a submission seeking to name the public reserve located between Annett and Nepean Streets, Emu Plains as “Ausburn Reserve” The submission was made by Mr Bruce Turner who is a direct relative of the Ausburn family and resides in the Emu Plains.

 

This report outlines in summary, the family, their history, and the contribution made to the community in and around the Penrith Local Government Area by several members of the Ausburn family over 150 years, encompassing several generations.

 

For the purposes of this report the focus has been placed on three members of the family being  Ernest Kenneth (Poker) Ausburn, Sidney Keith (Bob) Ausburn and Winsome Dorothy (Bonnie) Turner, nee Ausburn.

 

In accordance with Councils Naming of Parks and Reserves policy, should the submission by Mr Turner be endorsed by Council, then the proposal will need to be submitted to the Geographical Names Board for consideration.

 

The public reserve in question is currently unnamed and contains several mature trees, a playground and connecting pathway. It is considered a suitable site in-line with the naming proposal as outlined within this report.

Background

Members of the Ausburn family have lived in the district ever since Mr John Ausburn came to Penrith in the mid 1800’s, some 150 years ago. Mr Ausburns ancestry now extends to at least seven generations, with a continued family presence in the district in Penrith.

 

Betty Hargreaves OAM authored the book Families of the Nepean Valley in 2003. The Ausburn family was included as one of the pioneering families that contributed enormously to the growth, prosperity and heritage of Penrith.

 

The Ausburn family also played a significant role in the development of Penrith’s sporting history.

 

Penrith Rugby League Club in its humble beginnings in a tin shed is where Ernest Ausburn was a foundation member and long term committee member. At the time of Ernest’s passing in 1976, he held the position of chairman of Penrith Rugby League Club. Ernest was a Welder Special Class at the Munitions Filling Factory at St Marys. He attended Penrith High School and was active in supporting various causes across the community. He lead the donations to Penrith High School along with his fellow workmates and now in recognition of his efforts the school has a perpetual trophy known as the “Ken Ausburn Trophy” for the best and fairest rugby league player.

 

Sidney Ausburn was a member of the lightweight fours rowing team back in 1939-40 when Penrith secured its first State Rowing Championship. This championship was to set the scene for the growth and development of rowing in the Penrith District. Further to Sidney’s sporting roles he also spent time in the armed services were he was with the 7th Field Regiment 2nd Australian Divisions as a signaller in Western Australia followed by 2/1st Field Regiment 16th Brigade, Brigade 6th Regiment in New Guinea. Sidney was also involved with the Penrith Golf Club as well as being Deputy Sherriff of Penrith 1988-1998.

 

Penrith like most communities has a reliance on volunteers making a contributing across a range of services to assist and build community. Winsome Turner (nee Ausburn) is one of those many volunteers and recognised in 2008, being listed on the Penrith City Wall of Achievement for her community service work, and in particular her contribution and support of the Nepean Hospital. Winsome worked at Chapmans Transport Company and Schuback’s Newsagency, whilst being a long standing volunteer with the Emu Plains Auxiliary helping to raise funds for vital lifesaving equipment for the Nepean Hospital. Further to this she had been a volunteer for the Nepean /Blue Mountains Cardiac Support Group for over twelve years. Winsome still lives in Emu Plains aged 84 years.

 

These are but three of the Ausburn family who have been selected to showcase the families contribution and acts as a representation of the larger Ausburn family up until current generations of the family.

 

Mr Bruce Turner also provided a range of support documentation for Council’s information, including a series of newspaper clippings, photos and reference material.

Conclusion

Following a review of all the information provided, it is considered that the naming of this reserve to “Ausburn Reserve” is warranted in recognition of the families past and current contribution to the people of Penrith.

 

The proposal is in accordance with Council’s policy for the Naming of Parks and Reserves as outlined below.

 

·    Council will consider applications for names associated with the history and character of Penrith City including, but not limited to, the themes outlined below –

 

·    Elected members from all levels of government who have served the City and have made a significant contribution to the community. The recognition could apply to Councillors, Mayors or Members of Parliament.

 

·    Prominent Citizens - people who have demonstrated outstanding merit or people who have made an outstanding contribution to the City, particularly in the areas of service, preservation of the environment, community, sport, industry, leadership and personal bravery or who have achieved outstanding success in their chosen field of endeavour.

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Naming of Public Reserve "Ausburn Reserve" be received.

2.    Council resolve to support the “Ausburn Reserve” naming proposal for the reserve located between Annett and Nepean Streets, Emu Plains.

3.    The proposal be referred to the Geographical Names Board for consideration and determination.

4.    Should the Geographical Names Board approve the naming, appropriate signage be prepared and installed consistent with other named reserves.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    23 May 2016

 

 

 

7

Penrith City Council Public Spaces CCTV Program Code of Practice    

 

Compiled by:               Olivia Kidon, Community Safety Co-ordinator

Authorised by:            Judy Cobb, Acting Public Domain Amenity and Safety Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide security services to Council property and public areas

      

 

Executive Summary

At the Policy Review Committee meeting of 15 February 2016 the draft revised Penrith City Council Public Spaces Closed Circuit Television (CCTV) Program Code of Practice was endorsed by Council to be placed on public exhibition. The public exhibition period was held from 17 March 2016 to 22 April 2016. There were no public submissions received during the exhibition period.

 

This report recommends that Council adopt the Public Spaces CCTV Program Code of Practice as presented on 15 February 2016 and provided at Attachment 1 to this report.

Background

The Public Spaces CCTV Program is a community safety initiative which forms one component of Council’s broader strategy to minimise crime and enhance the safety of public spaces in the Penrith Local Government Area (LGA).

 

Research suggests that on its own, CCTV is not an effective long-term crime prevention strategy, but rather must be used as part of a coordinated response to addressing identified crime and safety problems.

 

The current Public Spaces CCTV Program includes a combination of hardwired and stand-alone CCTV cameras at identified locations across the City. Cameras are not live-monitored, but rather CCTV footage is recorded and retained for a minimum 21-day period in response to formal requests from police in relation to criminal investigations.

 

Whilst the majority of Penrith City Council operated CCTV cameras have been installed to safeguard Council properties and buildings, over recent years the Public Spaces CCTV Program has gradually expanded to include additional locations (both Council property and identified public spaces) in response to identified crime and safety issues.

 

Public Spaces CCTV Program Code of Practice

 

The complexities of establishing a CCTV program, high-costs of installation, management and maintenance costs and legal considerations, requires that a clear policy framework be developed and regularly reviewed to support the program and its objectives.

 

In 2010, Council adopted the Penrith City Council Public Spaces CCTV Program Code of Practice. This public document provides a policy framework for the management and operation of Council’s CCTV program, ensuring compliance with relevant legislation, principles and guidelines.

 

The Code of Practice is accompanied by a set of Standard Operating Procedures (SOPs) that are used by authorised Council staff and police in relation to the operation of the CCTV program.

 

Local Area Agreements have also been developed with St Marys and Penrith Local Area Commands of NSW Police to outline the responsibilities of each party in relation to the CCTV program.

 

Review of the Public Spaces CCTV Program Code of Practice

 

A review of the Public Spaces CCTV Program Code of Practice has recently been conducted. The review was prompted by:

 

1.   Changes to legislation relating to local government’s use of CCTV systems, including privacy considerations and public access to information.

2.   Release of the updated NSW Government Policy Statement and Guidelines for the Establishment and Implementation of CCTV in Public Spaces (2014).

3.   Expansion of Council’s Public Spaces CCTV Program following recent grant funding and enhanced technical capabilities.

 

At the Policy Review Committee meeting of 15 February 2016 the draft revised Penrith City Council Public Spaces CCTV Program Code of Practice (incorporating the abovementioned changes) was endorsed by Council to be placed on public exhibition. The public exhibition period was from 17 March 2016 to 22 April 2016. There were no public submissions received during the exhibition period.

 

A copy of the exhibited document can be found at Attachment 1.

 

Conclusion

 

In 2010, Council adopted the Penrith City Council Public Spaces CCTV Program Code of Practice to provide a clear policy framework for the operation of all CCTV cameras under the ownership and control of Penrith City Council in accordance with relevant legislative guidelines.

 

The policy has recently been reviewed and updated to reflect the legislative changes, new technical capabilities and program expansion due to recent grant funding for the provision of additional public space CCTV cameras.

 

At the Policy Review Committee meeting of 15 February 2016 Council endorsed that the draft revised Penrith City Council Public Spaces CCTV Program Code of Practice be placed on public exhibition. The public exhibition period was held from 17 March 2016 to 22 April 2016. There were no public submissions received during the exhibition period.

 

It is recommended that the Penrith City Council Public Spaces CCTV Program Code of Practice provided at Attachment #1 to this report be adopted.

 

 

 

RECOMMENDATION

That:

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

2.    Penrith City Council Public Spaces Closed Circuit Television (CCTV) Program Code of Practice provided at Attachment 1 to this report be adopted.

 

 

ATTACHMENTS/APPENDICES

1.  

CCTV Code of Practice

19 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    23 May 2016

 

 

 

8

Colyton Community Action Plan: Youth + Future    

 

Compiled by:               Lila Kennelly, Community Engagement Officer

Heather Chaffey, Neighbourhood Renewal Coordinator 

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Engage the community in identified priority established areas of the City

      

 

Executive Summary

On 14 March 2016 Council endorsed the Colyton Community Action Plan which was developed in a partnership between Council’s Neighbourhood Renewal Program and Team Colyton. At that time, collaboration with young people had been identified as a priority theme for the community of Colyton. The report provides an overview of the engagement with young people in the development of a Youth + Future plan, an addition to the Colyton Community Action Plan.

 

The report also provides an update on activities of the Neighbourhood Renewal Program with regard to Team Colyton, Community Leadership Training in Colyton, the Local Charm Creative Village wall art project, the Penrith Mayoral Challenge in Kingswood and community engagement in North St Marys.

 

The report recommends that Council receive the report and endorse an addition to the Colyton Community Action Plan focusing on young people. This addition is titled Youth + Future and is included as Attachment 1 to this report.

Background

 

Neighbourhood Renewal supports positive change by working with people where they live to enhance the wellbeing of their neighbourhood as a healthy, safe and vibrant place. Since 2007 the program has led over 150 community engagement events, activities and programs. It is estimated that more than 10000 residents have participated in various activities and approximately 1000 have made direct submissions which contributed to the 12 Neighbourhood Action Plans endorsed by Council between 2007 and 2014. Of 369 actions listed in these Neighbourhood Action Plans over 70% had been completed or were underway when Neighbourhood Renewal reported on the progress of the program in June 2015.

 

In 2015 Neighbourhood Renewal undertook a review and developed a new model of working in priority areas that seeks to deepen Council’s collaboration with residents to improve neighbourhood wellbeing. On 22 June 2015 Council endorsed the pilot of a new approach to Neighbourhood Renewal in Colyton. The Team Colyton model sees residents planning for, and taking action in their neighbourhood around local priorities. Team Colyton brings residents together with services, local businesses, and organisations to collaborate on events and projects in Colyton. To date over 70 residents have signed up for Team Colyton, 15 meetings have been held with a passionate group of 15 – 20 people attending every month. 

 

On 14 March 2016 Council endorsed the Colyton Community Action Plan, and Council’s role as a Service Partner in the delivery of relevant actions in the plan.

 

Residents felt strongly that Team Colyton should collaborate with young people to develop the Youth + Future section of the Colyton Community Action Plan. This has provided opportunities for young people to have a voice in shaping priorities and take action to build bright futures. Team Colyton mobilised the youth service members of the team to engage with young people at Colyton High School Trade School to develop key priorities for action.

 

Youth + Future addition to the Colyton Community Action Plan

 

The Team Colyton Community Action Plan was developed by residents and other stakeholders over a number of months in 2015. This plan established five key priority areas for action in their neighbourhood. The following themes formed the basis of the Colyton Community Action Plan 2016:

Theme 1: Connecting + Strengthening Community (Reducing Social Isolation)

Theme 2: Celebrating Colyton

Theme 3: Perceptions of Colyton + Safety

Theme 4: Local Environment

Theme 5: Youth + Future

 

In order to effectively seek the input of local young people, youth workers from Community Junction, St Marys Area Community Development Project, and Council’s Community Engagement Officer collaborated with the Principal of Colyton High School Trade School to engage with students at school.

The table above provides a summary of the results of youth engagement related to the Colyton Community Action Plan.

 

Throughout March, April and May 2016 a number of activities were undertaken at Colyton High School Trade School, including:

 

·        55 surveys undertaken asking young people what matters to them at present, what they want for their future, and what they need to get there.

·        Session held with the school’s Student Representative Council to gain further feedback on priorities for young people

·        Lunch time roaming sessions held to ask young people for additional feedback on the survey results.

 

Over 100 young people participated in these activities. Young people identified aspirations about their futures and the things that would help them achieve their dreams. The following provides a summary of what young people said was important:

 

Colyton’s young people have a positive outlook on their futures. They have a vision of future careers and have pathways in mind regarding further study. Young people also expressed clear understanding of the things which might distract them from these positive pathways.

 

Participants were asked whether they would be interested in participating in a Team Colyton Working Group to plan projects and events that support young people to succeed. Over 35 students have signed up to be part of the Team Colyton Working Group, which will be supported by Community Junction to develop projects and events that support young people.

 

The information gathered from young people has informed the development of the Youth + Future section of the Colyton Community Action Plan (Attachment 1).

 

Team Colyton Progress

 

A Steering Group has been developed that oversees how Team Colyton functions, and to support administration of the group. This Steering Group is made up of residents and other community stakeholders. Council is also currently working with Community Junction to build their capacity as they prepare to take the ‘backbone’ role at the end of 2016.

 

Team Colyton is actively planning and delivering events and projects through the Place and Community Working Groups. The team continues to see approximately 15 - 20 people attend each meeting contributing their ideas and skills to the working groups. 

The Place Working Group is working with Council to hold a Traffic Forum to discuss local traffic matters and is developing ‘Keep Colyton Clean’, a local anti-littering campaign.

Recently the Team Colyton Community Working Group ran a community event celebrating Colyton’s 174th birthday. This event was well attending with over 100 local people coming together at Kevin Dwyer Park to celebrate the people and history of Colyton. The event linked to the following Goals and Objectives within the Colyton Community Action Plan:

 

CELEBRATING COLYTON: OUR COMMUNITY SPIRIT IS STRONG

1.       To build social connection and cohesion through social activities held locally.

 


CELEBRATING COLYTON: WE CELEBRATE THE PEOPLE AND HISTORY OF COLYTON

1.       To actively collect and share stories about the people and history of Colyton

2.       To seek opportunities to celebrate the cultural diversity of Colyton

 

Residents were invited to bring their stories and memories of Colyton to add to a timeline that included anecdotes and historical photographs. Students from Bennett Rd Public School contributed short stories of their experiences living in Colyton which were on display. Feedback on the event was positive, with local attendees rating it highly and expressing interest in Team Colyton.

 

The Team Colyton Community Working Group planned and helped organise the celebration. The event was funded by Council’s Neighbourhood Renewal Program and supported by Community Junction, Ability Links, and the St Marys Historical Society.

 

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Images from Colyton’s 174th Birthday Party held on Saturday 9 April at Kevin Dwyer Park

 

 

Community Leadership Training

 

The Neighbourhood Renewal Program is currently delivering a Community Leadership Training program in Colyton. The program is designed to build community capacity, transferring skills and knowledge to residents which will support them to take action and advocate in their neighbourhood independent of Council and other services. This training seeks to create sustainable outcomes by supporting residents and members of Team Colyton to develop skills to lead change in their community.

 

The Community Leadership Training Program has seen 11 local participants come together to learn about leadership, community event management, social planning and grants, community engagement, communication and advocacy. The group is diverse with people of different backgrounds and ages participating. Council staff from Community Cultural Development Department and the Communications Team have supported the development and delivery of the training.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residents participating in the Community Leadership Training Program

 

The training has already received very positive feedback. Participating residents report that they can use the skills from the training in many areas of their life and that the training is supporting future career pathways. A number of residents participating in the training are also members of the Team Colyton Steering Group and are using what they learn to support Team Colyton to flourish.

 

Feedback from participants includes:

 

·        “I feel the skills learnt here are transferable in many areas of my life”.

·        “Helps me to  re-engage with community and its values”

·        “(The training) reminded me about what is important to me in terms of my values and     how my strengths can be used effectively.”

·        “The skills help me and assist me in my future career pathways”

 

Local Charm - Creative Village pilot in Colyton

 

The Neighbourhood Renewal Program is currently piloting an exciting new place-making initiative called Local Charm in Colyton. Local Charm will include two elements.

 

1.       Creative Village will seek to enhance public spaces in high priority neighbourhoods with professional wall art.

2.       Welcoming Village will seek to enhance the amenity of small local shopping strips in older neighbourhoods.

This place-making activity is aimed at improving how residents feel about their neighbourhoods and supporting small local business to thrive in Neighbourhood renewal areas.

 

Colyton has been selected as the pilot site for the initiative due to existing relationships with community and business operators. It also compliments the work of Team Colyton and responds directly to the Colyton Community Action Plan goals.

 

PERCEPTIONS OF COLYTON AND SAFETY: COLYTON FEELS FRIENDLY AND INVITING

1.       To decrease incidences of vandalism and dumping in public places

 

LOCAL ENVIRONMENT: COLYTON FEELS DYNAMIC AND ENERGETIC

1.       To create opportunities for place-making including the installation of public art, colourful plants and improve street appeal in Colyton

 

The site for the first Creative Village project is Deep’s Supermarket located on the corner on Bennett Rd and Carpenter St. Through consultation with the business owner, residents and Council staff, the site was chosen as it is frequently covered in graffiti. The wall surface is repainted by Council repeatedly throughout the year.

 

Artist Mandy Schone-Salter has been engaged to deliver a series of design workshops that engage local residents in the design and installation of the work.

 

Penrith Mayoral Challenge Kingswood Workshops

 

The Penrith Mayoral Challenge 2016 will be delivered at Chapman Gardens in partnership with Kingswood Public School. The project will focus on renewing the existing playground located directly opposite the school on Second Avenue.

 

Students from Years 4 and 5 will participate in this year’s project, with workshops set to commence in the school at the end of May. The thirty students are eagerly awaiting the opportunity to contribute their ideas, learn more about their community, and the renewal of public space.

 

Establishment of Local Team in North St Marys – Community Engagement Plan

 

Stakeholder meetings have commenced in North St Marys as the Neighbourhood Renewal team prepares to engage the community with a baseline survey and some small events to kick start the local team in this priority neighbourhood.

 

Neighbourhood Renewal will be leading a grass roots promotional campaign #northstmarysmatters (North St Marys Matters) to attract potential team members and will trial running community leadership training before establishing the local team.

 

Pending news of IPART’s decision regarding special rate variation a launch event is scheduled for delivery in August/September 2016. Councillors will be invited to this event when details are confirmed.

 

Conclusion

 

This report has provided Council with an update on the progress of Team Colyton and specifically the completion of the Youth + Future section of the Colyton Community Action Plan. With the endorsement of Council the Neighbourhood Renewal team will continue to work to support the delivery of the actions listed in the Youth and Future section of this plan.

 

The work in Colyton to date has exceeded expectations as residents build the skills and confidence to advocate for themselves and slowly form the connections with other local stakeholders in order to build their vision of a strong neighbourhood.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Colyton Community Action Plan: Youth + Future  be received.

2.    Council endorse the Youth + Future addition to the Colyton Community Action Plan.

 

 

ATTACHMENTS/APPENDICES

1.  

Colyton Community Action Plan Youth + Future

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                  23 May 2016

Appendix 1 - Colyton Community Action Plan Youth + Future

 

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Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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

 

 

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


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

9        Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 7-9 North Street Penrith known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625.                                                                            71

 

10      Organisational Performance Report - March 2016                                                          77

 

11      Summary of Investments & Banking for the period 1 April 2016 to 30 April 2016          83

 

 

 

 

 



Ordinary Meeting                                                                                                    23 May 2016

 

 

 

9

Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 7-9 North Street Penrith known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625.   

 

Compiled by:               Alison Randall, Property Development Assistant

Authorised by:            Angus Fulton, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

This report is to seek Council’s approval for the granting of a three (3) month License Agreement to DownerMouchel, as contracted by Roads and Maritime Services (RMS), to use Council’s land at 7-9 North Street, Penrith (known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625) for a temporary site compound. The compound is ancillary to the proposed intersection improvements at Parker Street (The Northern Road) and Derby Street Kingswood.

Background

The specified intersection upgrade works are part of the $246 million Pinch Point Program being funded by the NSW Government. The intersection improvements proposed at the site aim to reduce traffic delays, manage congestion and improve travel times along The Northern Road, particularly during weekday peak periods.

 

The works proposed by RMS include:

-     Extending the northbound and southbound right turn bays on Parker Street

-     Removing concrete in the centre median where the right turn bay is extended on the southern side of the intersection

-     Removing up to 11 native shrubs where the right turn bay is extended on the northern side of the intersection

-     Adjusting the kerb line in the centre median where the right turn bays are extended

-     Installing CCTV to monitor traffic

-     Adjusting traffic light phasing

-     Removing and replacing asphalting and line marking

 

DownerMouchel anticipate to be working 20 nights between the hours of 8pm and 5am. It is anticipated that the works will commence from 30 May 2016.

 

A draft site plan of the compound has been supplied by DownerMouchel and is attached to this report.

 

The site at 7-9 North Street Penrith is considered the most suitable site in the proximity of the proposed works. The traffic network provides a high level of access between the compound and the proposed works site with minimal disruption to residential amenity.

 

An Infrastructure Restoration Bond shall be paid to Council’s City Works Department. The bond is proposed to cover the cost of any damage which may occur to Council’s land or infrastructure during the works. The bond will be refunded at the completion of the works when any damage to Council’s assets has been rectified to the satisfaction of Council. The value of the bond will be determined in consultation with the City Works Department.

 

The Property Development Department will require a detailed Site Plan, Traffic Management Plan and Erosion and Sediment Control Plan from DownerMouchel to be approved by Council’s Traffic Department and City Works Department prior to issuing a License Agreement over the occupation of the land.

 

The following terms and conditions will be included in the License Agreement with DownerMouchel:

 

·    Tenant: DownerMouchel

·    Use of Premises: Temporary site compound - the setup of temporary lunch/office sheds and staff amenities and parking of construction vehicles

·    Description of Land: at 7-9 North Street Penrith known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625

·    Licence Term: For a minimum period of three months or until the intersection upgrade works are completed

·    Licence Commencement Date: To be advised (subject to approval of relevant documentation)

·    Licence Termination Date: To be advised

·    Rental: No fee to be charged for the use of the land, which is ancillary to the delivery of intersection improvements and providing a community benefit

·    Area: approximately 30m long and 15m wide site compound to be set up on the land, as per the draft attached diagram

 

Licensee Responsibility:

·    Maintain the area within and adjoining the compound site and ensure the area is kept clean for the term of the Licence Agreement

·    Maintain public liability insurance to the value of $20 million with Council noted as an interested party and provide an up to date copy to Council

·    Have permission from Council to occupy the land for the duration of the intersection improvements at Parker Street (The Northern Road) and Derby Street, Kingswood. If the works exceed the proposed three month timeframe DownerMouchel is required to notify Council’s Property Development Department in writing and provide regular updates as to an expected completion date. If DownerMouchel fail to inform Council, Council has the right to terminate the Licence Agreement immediately

·    Remove compound and restore and remediate the land and surrounding infrastructure to its original condition at the end of the Licence period

·    Permitted to use the land from 8pm to 5am for the period as specified

·    Operation of the site compound in accordance with the plans approved by Council’s Traffic Department and City Works Department, and any conditions placed on the operation as recommended by the Departments.

·    Operation of the site compound within the guidelines of the Asbestos Management Plan for the subject land.

 

RECOMMENDATION

That:

1.    The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 7-9 North Street Penrith known as Lots A DP164794, Lot 1 DP986707 and Lot 1 DP198625. be received.

2.    Council grant a three month Licence Agreement to DownerMouchel as set out in this report.

3.    Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

 

 

ATTACHMENTS/APPENDICES

1.  

Information from RMS for intersection upgrade

2 Pages

Appendix

2.  

North Street site compound set up

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  23 May 2016

Appendix 1 - Information from RMS for intersection upgrade

 

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Ordinary Meeting                                                                                                                  23 May 2016

Appendix 2 - North Street site compound set up

 

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Ordinary Meeting                                                                                                    23 May 2016

 

 

 

10

Organisational Performance Report - March 2016   

 

Compiled by:               Geraldine Brown, Budget Accountant

Samantha Sutherland, Corporate Planning Officer

Brett Richardson, Financial Accountant

Authorised by:            Vicki O’Kelly, Acting Assistant General 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 January to 31 March 2016. The report should be read in conjunction with the Organisational Performance Report – March 2016 which records our progress in implementing the organisation’s operating and capital projects.     

 

At 31 March 2016, 92% of Council’s 247 capital and operating projects were ‘on target’ or ‘completed’.

 

Council adopted a balanced budget for 2015-16. The March Quarter has resulted in a small surplus for the quarter of $118,022 and a surplus for the full year of $190,824.

 

This report recommends that the Organisational Performance Report is received, and that the revised budget estimates identified in the report and detailed in Attachment 1 are adopted.

Organisational Performance summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the three months from 1 January 2016 to 31 March 2016. During this period 130 of 148 (88%) capital projects and 97 of 99 (98%) operating projects were ‘on target’ or ‘completed’.

 


 

Table 1 – Summary of Organisational Performance at 31 March 2016

 

 

Detailed comments on the items which were identified as ‘requiring attention’ are outlined in the attached report.

Organisational Highlights

This has been a good period for both supporting the community and embracing local history. Council held its annual civic celebration for the start of the NRL football season also acknowledging the Panthers milestone of 50 seasons.

 

Council held another successful free Micro Chipping day that was well attended with 225 animals receiving a microchip, in addition to various local services attending to provide support and expert advice on the health and wellbeing of household pets.

 

We have continued to maintain a focus on the outcomes of the community consultation that took place last year, with Council endorsing the draft report prepared by the Penrith Community Panel and work which determines how to best implement these recommendations.

 

During this period we saw the launch of the final centrepiece of the place making film project. The launch was a great success with local community members coming along to watch the film as well as participate in the other available activities such as the children's games, giveaways and the later screening of the Pixar film ‘Inside Out’.

 

This period also saw the 15th annual ‘Making of a City’ conference with its colourful theme focusing on the early history of Castlereagh, and its inhabitants. The conference was well attended by both local and interstate historical groups.

Financial Position Summary

Council delivered a balanced budget in the adoption of the 2015-16 Operational Plan. As previously reported to Council, the six-monthly result to December 2016 was a projected surplus of $72,802 for the full year with variations in the first six months being mainly positive variations to the original budget.

 


 

The most notable of these variations include:

·    additional development application income ($480,977)

·    rates income ($600,879)

·    interest on investments ($300,000)

·    Street Lighting Subsidy ($146,000)

·    savings in debt servicing costs ($181,055), and

·    a decrease in postage costs ($73,075).

 

These positive variations were in part offset by additional funding provided to Woodriff Gardens Tennis Facility redevelopment ($181,044).

 

The favourable result for the first half of the year also provided the capacity to allocate additional funds to the PST Reserve for Information Communications and Technology (ICT) projects ($250,000), and the Major Projects Reserve ($500,000) bringing the current balance to $1.5m, and to establish the Productivity Projects Reserve ($500,000) to support investment in new technologies, initiatives, and systems.

 

The March quarter again presented a positive result, with a surplus of $190,824 being projected for the full year. This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional interest on investments ($400,000) and City Works income ($63,108). These positive variations have been partly offset by higher than expected rates abandonments ($82,100), an increase to the RFS Operational budget ($25,000), and an allocation to the PST Reserve ($250,000).

 

The allocation of additional funds to Reserve for Information Communications and Technology (ICT) projects that continue to be rolled out as our new ICT Strategy is implemented will ensure that we are able to continue to drive productivity improvements and enhance customer experiences. Recent ICT projects and upgrades in the past 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.  

 

Net organisational salary savings of $77,013 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 Long Term Financial Plan (LTFP) has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2016 Review.    

 

In addition to these adjustments a total of $3.4m of revotes is proposed as a result of the March quarter review as the works are not expected to be completed in the current financial year.  Further details on proposed major variations and revotes are provided later in this report and in the attached Organisational Performance report – March 2016.

 

This report recommends that the revised budget estimates identified in the report and detailed in the attached Organisational Performance report – March 2016 are adopted.


 

Financial Position for the March Quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating budget projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

Budget Position

 

$000s

Original Budget Position

0

September Quarter Variations

48.4

December Quarter Variations

24.4

March Review Variations

118.0

Revised Surplus/(Deficit)

190.8

 

The predicted cumulative result for the year as at March 2015 is a surplus of $190,824 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 minor variations, revotes and reserve movements are detailed in the attached Organisational Performance report – March 2016.

 

Net Employee Costs - $77,013 F (0.8%)

During the third 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, total $77,013.

 

It is proposed that as part of the March Quarterly Review that salary savings of $77,013 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 


 

Interest on Investments - $400,000 F (29%)

Despite widespread speculation that interest rates would fall even lower, the Reserve Bank again decided to leave them on hold for the first quarter of 2016 and term deposit rates for short to medium terms also continued to be attractive.  Council’s portfolio has averaged between $90 and $100 million for the quarter, with untied invested funds consistently higher than originally budgeted so earnings on the portfolio have again exceeded estimates. The budget is proposed to be increased by $400,000 for the March 2016 quarter.

 

City Works Fees & Charges Income - $63,108 F (11.8%)

Income from fees and charges such as Infrastructure Inspections, Driveway Crossing Inspections, Restorations Contributions, and Road Opening Permit Fees have continued to exceed forecasted income. High development activity and numerous restoration works from private developers and Sydney Water are the main contributing factors for this increase.

 

Rates - $82,100 U (0.08%)

The majority of this variance relates to rates abandonments which have been higher than expected due to two significant valuation objections that were backdated to 2013-14.  There have also been a number of community housing properties becoming exempt from rates, due to a recent Supreme Court appeal ruling that declared these providers to be exempt. Council will however be able to recover the lost revenue in 2016-17 in these instances as part of the permissible income.

 

RFS Operational Budget - $25,000U (26.5%)

The RFS is expanding the Fire Control Centre to include the Regentville Hall and is currently refurbishing the building to suit their needs. The Nepean Food Service will remain in the area they currently occupy. Given the age of the expanded facility and the damage to the building and failure of electrical equipment caused by both age and storms, maintenance costs for the Fire Control Centre have escalated this financial year. As a result there is a demonstrated need to adjust the budget to cover the increased maintenance costs for the remainder of this financial year.

 

The existing cost sharing arrangements agreed to by the Zone Liaison Committee is still in place with Blacktown and Fairfield councils paying 35% and 12% respectively. The Councils will need to be invoiced at the end of the financial year for their share of the actual expenditure for the facility operations.

 

North-South Rail Joint Study- $20,000 U (100%)

A North-South rail line across outer western Sydney is one of our ‘flagship’ advocacy priorities. We will soon be called upon to make a submission to a joint study of the options for rail in Western Sydney and will benefit from collaborating with others to fund and collate the technical studies required to underpin our response. This variance is Council’s contribution to participate in the collaborative approach to the Western Sydney Rail Stage 1 advocacy.

 

Transfer to PST Reserve - $250,000 A (9%)

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 March Quarterly Review to enable technology improvements to continue.   

 


 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance report – March 2016. In addition to these adjustments a total of $3.4m of planned capital and 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 March Quarter revotes) is $3.9m, compared to $6.9m for the same period in 2015-16.

Conclusion

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

                               

The Organisational Performance Report – March 2016 will be placed on Council’s website, and will be available in hard copy on request.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Organisational Performance Report - March 2016 be received.

2.    The Organisational Performance Report - March 2016 as at 31 March 2016, including the revised estimates outlined in this report and detailed in the attached Organisational Performance Report – March 2016 be adopted

 

 

ATTACHMENTS/APPENDICES

1.  

Organisational Performance Report - March 2016

59 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    23 May 2016

 

 

 

11

Summary of Investments & Banking for the period 1 April 2016 to 30 April 2016   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Acting Assistant General 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 April 2016 to 30 April 2016 and a reconciliation of invested funds at 30 April 2016.

 

The investment returns for the period are:

·    Council portfolio current yield                                    3.03%

·    90 day Bank Bill Swap rate                                       2.26%

·    Floating Rate Notes (return for the period                3.44%

 

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

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

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

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2016.

 

 

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 April 2016 to 30 April 2016 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2016 to 30 April 2016 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2016 be noted.

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  23 May 2016

Appendix 1 - Summary of Investments

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 23 2016

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Legal status of DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052 (No. 65) Jones Street Kingswood  Applicant: Pretech Properties Pty Ltd;  Owner: ~C & G Projects Pty Ltd                             2

 

3        Civic Arts Precinct (Mondo)                                                                                               2

 

 

 

 


Ordinary Meeting                                                                                                    23 May 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 2

 

2        Legal status of DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052 (No. 65) Jones Street Kingswood  Applicant: Pretech Properties Pty Ltd;  Owner: ~C & G Projects Pty Ltd

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

 

Outcome 4

 

3        Civic Arts Precinct (Mondo)

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.

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 May 2016

Report Title:            Outcomes of Public Exhibition - Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010

Attachments:           Summary of Submissions and Reccomendations

                                Discussion Paper

                                Report from Peer Review

                                Summary of Proposed Changes to Planning Proposal

                                Amended Planning Proposal



Ordinary Meeting                                                                                                                  23 May 2016

Attachment 1 - Summary of Submissions and Reccomendations

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 2 - Discussion Paper

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 3 - Report from Peer Review

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 4 - Summary of Proposed Changes to Planning Proposal

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 5 - Amended Planning Proposal

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 May 2016

Report Title:            Development Application DA15/0768 Demolition of Existing Structures and Construction of 5 x Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 366 DP 12590 (No. 86) Brisbane Street, Oxley Park

Attachments:           Locality Map

                                Architectural Plans

                                Penrith DCP 2014 Assessment



Ordinary Meeting                                                                                                                  23 May 2016

Attachment 1 - Locality Map

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 2 - Architectural Plans

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 3 - Penrith DCP 2014 Assessment

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 May 2016

Report Title:            Development Application DA15/1460 Demolition of Existing Structures, Lot Consolidation and Construction of 13 x Two Storey Town Houses and Associated Car Parking, Drainage and Landscaping Works Lot 1 DP 608855 and Lot 1 DP 524642 (No. 22) Braddon Street, Oxley Park and (No.79) Brisbane Street, Oxley Park

Attachments:           Locality Plan

                                Architectural Plans

                                Penrith DCP 2014 Assessment



Ordinary Meeting                                                                                                                  23 May 2016

Attachment 1 - Locality Plan

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 2 - Architectural Plans

 

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Ordinary Meeting                                                                                                                  23 May 2016

Attachment 3 - Penrith DCP 2014 Assessment

 

DCP 2014 Compliance Table

C – City Wide Provisions

 

Item

Complies / Comments

C1

Site Planning & Design Principles

The design responds to the constraints of the site.

The buildings have been designed in contemporary architecture that is compatible with the recent multi-unit housing development of the area.

The site is generally flat, providing a site which is ideal for redevelopment and located within a transitioning area.

C2

Vegetation Management

The site contains several medium sized trees are located at 79 Brisbane Street with no trees on 18 Braddon Street. Some of these trees will be removed   but these trees are not considered to be significant. The three of the existing trees will be retained and additional trees will be planted as part of the landscaping of the site.

C3

Water Management

The site is serviced by water and appropriately proposed to be drained to the street. The site is not flood affected. The development has addressed WSUD and it is considered to meet the WSUD Policy.

C4

Land Management

The site is suitable for redevelopment and is not subject to geo­technical issues or flooding.

C5

Waste Management

A Waste Management Plan accompanied the application and detail how waste generated will be disposed of.

C6

Landscape Design

The landscape plan submitted is appropriate for the proposed townhouses.

C7

Culture and Heritage

None listed in vicinity of property or on site.

C8

Public Domain

The development responds to the public domain, with Unit 1 and 13 fronting both streets. Street trees are required by way of conditions of consent, as well as an existing street tree being retained.

C9

Advertising and Signage

N/A

C10

Transport, Access & Parking

The area was considered suitable for medium density housing at the time of zoning. The road is a local road and the existing road network can withstand the additional traffic generated by the proposal. Suitable access and parking is provided.

C11

Subdivision

N/A

C12

Noise and Vibration

The site does not adjoin a noise source and the proposed townhouses are not envisaged to generate a large level of noise.

C13

Infrastructure and Services

The site is adequately serviced.

D2 ­ Residential Development

2.4 Multi Unit Housing

 

Item ­ Required

Complies?

2.4.1 & 2.4.2

Residential Character

Does the development adopt elements of the preferred configuration for town house developments?

Dwelling entries are orientated to both streets.

Living areas and private courtyards either face the boundary or street. Variation in finishes (brickwork and cladding).

Vegetation to be provided along the internal driveway and central part of the site.

Design prevents ‘garage architecture’, with garage slightly stepped behind primary building line and as they are single garages, they do not dominate.

How much floor space is appropriate to your site?

 

Control

Complies?

2.4.3

Minimum lot width of 15m

Complies ­ 19.435m

2.4.4

Dwellings fronting the street should adopt traditional

orientation.

Complies ­ Unit 1 and 13 is proposed fronting the streets.

 

Living areas and entry to face the street for each dwelling.

Complies – front entrances are from the street.

 

Garages to be integrated within the building façade.

Complies ­ Garages setback from primary building line.

 

Avoid gun­barrel developments.

Complies ­ Garages are recessed behind front building line. High quality landscaping is provided in front of the units to soften the built form.

The DCP provides a number of advisory controls to assist in avoiding ’gun­barrel’ style developments. As the building is proposed across the site and with the landscaping provided within the driveway, a gun barrel development is not too prominent and is acceptable for this development.

 

Each building block no longer than 20m.

Complies – The development has been designed to comprise three buildings with good separation to avoid a continuous building facing the adjoining properties. Further, this ensures sunlight is provided within the development and to adjoining properties. The dwellings provide a good interface with the adjoining dwellings. Windows are been provided to the relevant elevation and the building is stepped to ensure that a blank wall is not proposed. The site is well landscaped and the area in front of the units are provided with landscape beds which will accommodate a number of small to medium sized shrubs which will soften the building form.

 

Variety of roof forms and pitches

Complies.

 

Windows in every elevation.

Complies ­ windows in every elevation.

 

Shadow­casting features (e.g.

Verandas) applied to every wall.

Complies eaves and sun shade devices.

2.4.5

Double storey component Rear Setback minimum 6m

Complies ­ 6m to both ground and first floors.

 

Front Setback adopts a setback to match the neighbourhood character, minimum 5.5m

Complies ­ 7.40m proposed. The proposed setback is consistent with the setbacks of the area and greater than many new developments in the area.

2.4.6

Building envelope

Max cut and fill = 500mm

Max roof pitch = <25º for single storey

Complies.

2.4.7

2 car parking spaces per 4 bed unit

Complies - 26 onsite residential parking spaces provided (1 within a garage and open space per dwelling).

 

1 visitor space per 5 units

Complies – 2-3 visitor space is provided.

 

Manoeuvrability in accordance with AS2890.1 1993

Complies

 

3.0 min width driveway

Complies

 

Landscaped verge between driveway, fences and buildings

Complies - Landscaping provided in front of dwellings and along the driveway and is satisfactory.

 

Garages and parking spaces should not be located in the front setback and should not face the street.

Complies.

2.4.8

Minimum 40% of site area as landscaped area

Currently 41.54% Satisfactory ­ 38.5%. The landscaped area was reduced to accommodate a visitor car parking space, which was not required on-site by the DCP at the time of design. The proposed landscaping is suitable and will provide screening for the development. The minor variation will not be discernible.

 

Provide effective separation

between neighbouring dwellings

Complies

2.4.9

4 hours to living areas of the dwelling

Complies ­ Minimum 3 hours from 9am ­12pm

 

Min 3 hours solar access to 40% of the private open space area

Complies ­ Minimum 3 hours to at least 50% between 12 ­ 3pm. POS faces north.

 

Place windows on all exterior walls exposed to the northern

sun.

Complies ­ Windows provided and patios where

possible.

2.4.10

The proposal is to conserve significant vegetation on the site.

Complies – no significant vegetation identified.

 

Adopt / reflect predominant building characteristics in the area.

Complies materials and roof pitch are compatible

with the area.

 

Minimise visual impact of driveways and garages.

Complies ­ One driveway and garages face internally to the site. Landscaping in front of each dwelling to mitigate any impact.

2.4.12

Stepped alignment of walls, articulated roof forms and variety of materials

Complies.

 

The design of facades should be varied

The proposal contains a combination of attached units in two and three buildings with articulated building elements.

 

Extensive blank external walls should be avoided

Mixture of fenestration and portico's on front elevation's to break up wall bulk. Eaves and portico's/patios are inserted to minimise the overall visual bulk.

2.4.13

NatHERS certificate indicating

3.5 star rating

 

Complies - BASIX Certificate submitted indicating compliance.

 

Shading devices for windows, doors and skylights including eaves of 450mm.

 

Complies.

 

Cross ventilation to rooms

Complies.

2.4.14

Min private open space area for each unit = 25m2

Complies.

 

POS to include area 5m x 4m, suitable for outdoor dining.

Complies.

 

Min 2m wide clothes drying area

Complies.

 

Front and rear setbacks should be utilised for private residential gardens.

Complies - the site is well landscaped, in particular to both street frontages and the central part of the site.

2.4.15

Garages concealed from the street.

Complies ­ recessed behind building line.

 

Allow full opening of vehicle doors

Complies.

2.4.16

Rear boundary planting scheme is to consist of a combination of low to medium high trees.

Complies – the site is unique and does not have rear a setback as it has two street frontages. Overall planting creates attractive private open space in the rear.

 

Side boundary planting to consist of small to medium sized trees and feature plantings within courtyards.

Complies - Medium size feature trees/hedging provided in each private open space of units along western boundary. With 1.8m fence proposed no further requirement for plantings to create privacy. Satisfactory with intention of DCP.

 

Street frontage plantings to consist of private gardens, civic garden frontages, and accent plantings.

Complies.

2.4.17

Driveways to be presentable, be overlooked by living areas, be divided into panels or bands, allow for the direct infiltration of water.

Complies ­ Living area of each townhouse overlooks internal driveway.

 

Minimum 1m wide pavement in

front of doorways.

Complies.

2.4.18

Fencing to have a maximum height of 1.8m (2.4m on sloping sites).

Complies - 1.8m timber lapped and capped fence to side boundaries.

 

Fencing to have a maximum height of 1.2m forward of the building line, or if taller, of see­ through construction.

Complies - 1.5m picket fence for POS to Unit 1 and 13, forward of the building line and of see through construction.

 

 

POS fencing facing the street frontage is to be <50% of the allotment width.

Complies.

2.4.19

Min 3m separation between any

facing windows.

Complies.

 

Bedrooms designed away from

noisy rooms.

Complies.

 

Active and passive living areas separated in design.

Complies ­ Bedrooms located on the first floor with living spaces on ground floor adjacent to garage.

2.4.20

High level of passive surveillance.

Complies - Casual surveillance is provided due to the design.

2.4.21

Accessibility to comply with AS1428­1998 Design for access and mobility.

Complies - No townhouse has been specifically designed for adaptability under AS1428­1998. However, level entries are proposed and the ground floor could provide an accessible bathroom and lounge conversion if required.

2.4.22

10m3 of storage per household.

Complies.

 

Provision of letter boxes.

Complies.

 

1 TV antenna per 5 units.

Complies. Will also be conditioned.

 

 

 

 

 



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 May 2016

Report Title:            Penrith City Council Public Spaces CCTV Program Code of Practice

Attachments:           CCTV Code of Practice



Ordinary Meeting                                                                                                                  23 May 2016

Attachment 1 - CCTV Code of Practice

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 May 2016

Report Title:            Organisational Performance Report - March 2016

Attachments:           Organisational Performance Report - March 2016



Ordinary Meeting                                                                                                                  23 May 2016

Attachment 1 - Organisational Performance Report - March 2016

 

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