Council_Mark_POS_RGB

24 June 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 27 June 2016 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 23 May 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

Gold Award for 2014-15 Annual Report .

Local resident recognised in Queen’s birthday honours.

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 6 June 2016.

Policy Review Committee Meeting - 20 June 2016.

Penrith Community Safety Partnership Meeting - 1 June 2016.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 27 June 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


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

 

9

20

11

8

 

10

14

12

 

 

 

 

 

6

 

 

 

 

 

 

 

 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 23 MAY 2016 AT 7:35PM

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 Rev Neil Checkley.

PRESENT

Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP (arrived 8:35pm), Marcus Cornish, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

118  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the Leave of Absence be granted to Councillor Jackie Greenow OAM for the period 20 May 2016 to 29 May 2016 inclusive.

 

 APOLOGIES

119  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Mark Davies that an apology be received from Councillor Kevin Crameri OAM.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 18 April 2016

120  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 18 April 2016 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Ben Goldfinch  declared a Non-Pecuniary Conflict of Interest – Less than Significant in Notice of Motion – Places of Public Worship and Community Centres - Development Applications as he is on the board of a local church.

 

SUSPENSION OF STANDING ORDERS

121  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40pm.

 

 

 

 

 

Mr Adam St James

 

Item 1 Notice of Motion – Circus Policy

 

Mr St James, an affected person, spoke for the proposed Notice of Motion to rescind the resolution, clarifying the role of animal keepers and trainers at Stardust Circus. Mr St James then expressed the animals are well kept in highly maintained enclosures and the welfare of the animals are important. Mr St James outlined that the enclosures are spacious and fitted with heating and cooling air conditioners. Mr St James provided the Councillors with information on their successful breeding program and stated that the Australian Circus industry are bound by strictest code of practice in the world.

 

Mr Phillip Hall

 

Item 1 Notice of Motion – Circus Policy

 

Mr Hall, an affected person and Youth Engagement Co-ordinator for Animal Liberation, spoke against the proposed motion and stated his concern for the psychological wellbeing of animals subject to circus life. Mr Hall then expressed concerns about the analysis of monkey behaviour captured at Stardust Circus by behaviours expert Dr Stacy Lopresti-Goodman which revealed repetitive pacing behaviour as a result of stress of captivity and lack of stimulation.

 

122  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Michelle Tormey that an extension of time be granted to enable the speaker to complete his address, the time being 7:55pm

 

Mr Hall concluded by expressing the positive support from the public that is after received by Animal Liberation and stated this demonstrates a strong level of community support.

 

Mrs Robyn Davies

 

Item 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

 

Mrs Davies, an affected person, spoke against the proposed recommendation and expressed her concerns regarding the privacy and the limited car parking on the street. Ms Davies who lives next to the proposed development voiced her concern about the number of windows which look over her property and into her backyard. Mrs Davies then expressed again her concern about the increase of cars and limited parking in the street.

 

Ms Kay Hearne

 

Item 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 and Item 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

 

Ms Hearne, an affected person and spokesperson for other residents in Oxley Park, spoke against the proposed recommendation and expressed her concerns regarding the limited on-street parking. Ms Hearne voiced her concern about the increased traffic these developments and the noise through construction periods in addition to causing more traffic within the street.

 

123  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain that an extension of time be granted to enable the speaker to complete her address, the time being 8:22pm

 

Ms Hearne concluded by requesting Council to reduce the number of units to allow for larger living areas which would encourage garages to be used for parking rather than storage.

 

Miss Tanya Moran

 

Item 8 – Colyton Community Action Plan – Youth + Future 

 

Miss Moran, an affected person, spoke in support of the proposed recommendation and expressed the importance of the action plan. Miss Moran who has lived in Colyton for the past ten years and currently in year twelve communicated the significance of this action plan as this gives young students the chance to succeed and work towards their goals. Miss Moran continued to explain the action plan will support the next generation of students in Colyton to succeed and help them to feel proud of where they are from.

 

RESUMPTION OF STANDING ORDERS

124  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that Standing Orders be resumed, the time being 8:31pm.

 

  Mayoral Minutes

 

1        Passing of Russell Dove and Jim Mills

Councillors Ross Fowler OAM, Tricia Hitchen, Jim Aitken OAM and Bernard Bratusa spoke in support of the Mayoral Minute.     

 

Councillor Prue Car MP arrived at the meeting, time being 8:35pm.

 

125  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Russell Dove and Jim Mills be received.

 

The Council observed a minute’s silence.

 

Notice of Motion to Rescind a Resolution

 

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                                                                                                                                     

126  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tricia Hitchen that the motion carried at the Ordinary Meeting of Council held on 21 March 2016 in relation to Item 7 - Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area be rescinded.

 

Councillor Ben Goldfinch left the meeting, the time being 8:44pm

Councillor Ben Goldfinch returned to the meeting, the time being 8:46pm

 

Councillor Michelle Tormey requested names to be recorded.

For

Against

Councillor Ben Goldfinch

Councillor John Thain

Councillor Bernard Bratusa

Councillor Prue Car MP

Councillor Maurice Girotto

Councillor Karen McKeown

Councillor Mark Davies

Councillor Greg Davies

Councillor Ross Fowler OAM

Councillor Michelle Tormey

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

 

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

 

127  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen that the information the information contained in the report on Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area be received.

Councillor Michelle Tormey requested names to be recorded.

For

Against

Councillor John Thain

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor Michelle Tormey

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Prue Car MP

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

 

Notices of Motion

 

1        Places of Public Worship and Community Centres - Development Applications

Councillor Tricia Hitchen left the meeting, the time being 9:00pm

Councillor Michelle Tormey left the meeting, the time being 9:01pm

Councillor Tricia Hitchen returned to the meeting, the time being 9:02pm

Councillor Bernard Bratusa left the meeting, the time being 9:09pm

Councillor Bernard Bratusa returned to the meeting, the time being 9:11pm

Councillor Michelle Tormey returned to the meeting, the time being 9:13pm

 

Councillor Marcus Cornish withdrew his motion in respect of the item Places of Public Worship and Community Centres - Development Applications

 

 

 

 

Reports of Committees

 

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

128  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 April, 2016 be adopted.

 

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

129  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2016 be adopted

 

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

130  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies 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

 

Procedural Motion

131  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Prue Car MP that Item 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 and Item 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 be brought forward to be considered immediately before Item 1 – Outcomes of Public Exhibition – Planning Proposal to Resolve Matters Deferred from Penrith LEP 2010.

 

Outcome 2 - We plan for our future growth

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

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

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.

2.7       Council Officers strictly monitor and enforce the conditions of consent particularly during construction.

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

 

An AMENDMENT was MOVED by Councillor Prue Car MP seconded Councillor Marcus Cornish 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.    The item be deferred to a future Council meeting.

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 Prue Car MP

Councillor John Thain

Councillor Marcus Cornish

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

 

The AMENDMENT was lost.

 

The MOTION was PUT.

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

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

For

Against

Councillor John Thain

Councillor Prue Car MP

Councillor Ben Goldfinch

Councillor Marcus Cornish

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

 

 

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

133  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

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.

 

An AMENDMENT was MOVED by Councillor Prue Car MP seconded Councillor Marcus Cornish 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.    The matter be deferred to a future Council meeting

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 Prue Car MP

Councillor John Thain

Councillor Marcus Cornish

Councillor Ben Goldfinch

 

Councillor Maurice Girotto

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

The AMENDMENT was lost.

 

The MOTION was PUT.

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

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

For

Against

Councillor John Thain

Councillor Prue Car MP

Councillor Ben Goldfinch

Councillor Marcus Cornish

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

 

 

Outcome 2 - We plan for our future growth

 

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

Councillor Marcus Cornish left the meeting, the time being 10:04pm

Councillor Marcus Cornish returned to the meeting, the time being 10:05pm                             

134  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen

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.

An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Jim Aitken OAM that the item be deferred until the next Councillor Briefing and then Policy Review Meeting to allow for further discussion concerning the R3 zoning and minimum lot sizes.

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 John Thain

Councillor Bernard Bratusa

Councillor Ben Goldfinch

Councillor Ross Fowler OAM

Councillor Maurice Girotto

Councillor Tricia  Hitchen

Councillor Prue Car MP

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Jim Aitken OAM

 

Councillor Michelle Tormey

 

Councillor Marcus Cornish

 

 

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

 

Councillor John Thain left the meeting, the time being 10:15pm

 

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

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

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.

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

For

Against

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Prue Car MP

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

 

Councillor Marcus Cornish

 

 

Outcome 3 - We can get around the City

 

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

Councillor John Thain returned to the meeting, the time being 10:17pm                                     

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

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, the Federal Member for McMahon, The Hon Chris Bowen MP, and the Member for Hume, Mr Angus Taylor MP, thanking them for their continued support of road safety improvements.

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

 

Outcome 4 - We have safe, vibrant places

 

6        Proposed Naming of Public Reserve "Ausburn Reserve"                                           

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

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.


7                     Penrith City Council Public Spaces CCTV Program Code of Practice                                                                                                                                              

138  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Goldfinch

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.

 

8        Colyton Community Action Plan: Youth + Future                                                        

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

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.

 

 

 

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.                                                          

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

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.

 

10      Organisational Performance Report - March 2016                                                       

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

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

 

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

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

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.

 


 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Road Surface and alleged dumping of rubbish in Brisbane Street

Councillor Greg Davies requested a memo reply to all Councillors investigating the road surface of Brisbane Street and advice of works required to rectify the problem. Also for the RID squad to investigate the alleged dumping of rubbish in Brisbane Street and surrounds.

 

RR 2           Oxley Park         

Councillor John Thain requested a report to Policy Review Committee in regards to review of development to the area regarding high density and effect on the amenity of the suburb.

 

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

 

UB 1           Nepean Avenue Proposed Shared-Use Path         

Councillor Ross Fowler OAM requested that a public meeting be held to discuss and explain before construction start on the shared pathway on Nepean Avenue.

 

RR 3           Footpath Corner Banks Drive & Shakespeare      

Councillor Maurice Girotto requested that a low spot that has developed between the gutter and property boundary at this address is creating a problem with no drainage, mud and dampness for extended periods and request it to be filled with soil and dressed.

 

RR 4           Parking of Heavy Vehicles in Industrial Areas      

Councillor Maurice Girotto requested a memo reply to all Councillors regarding the law in relations to the parking of heavy vehicles in industrial areas.

 

RR 5           Western Sydney Airport     

Councillor Maurice Girotto requested a report regarding Council’s positon on the proposed airport given that Blue Mountains and Blacktown Council have been putting motions up against the airport.

 

RR 6           Bus shelter at Jamison Street     

Councillor Mark Davies requested a memo reply to all Councillors regarding a replacement bus shelter at Lady Jamison Circuit.

 

Councillor Greg Davies returned to the meeting, the time being 10:29pm

 

RR 7           Underpass under Blackwell Drive       

Councillor Tricia  Hitchen requested a memo reply to all Councillors regarding the clean-up of the underpass under Blackwell Drive, St Clair at the rear of Saunders Park as young children use this on their way to the bike jumps.

 

RR 8           Pathway in Saunders Oval, St Clair     

Councillor Tricia  Hitchen requested a memo reply to all Councillors in regards to finishing the pathway in Saunders Oval, St Clair. The pathway finishes at Mimosa Avenue and recommences at Napunyah Way leaving a gap of approx. 400m which makes it difficult for residents to walk around the oval. The estimated cost of these works should be provided also.

 

RR 9           Events      

Councillor Bernard Bratusa requested a report to Council regarding what events are offered to Council and what and why they are rejected and how many events are sought by Council.

 

RR 10         Council Personnel and Council Procedures

Councillor Bernard Bratusa requested a matter be referred to Committee of the Whole regarding Council Personnel and Council Procedures as the matter refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 11         Colourbond Fences in rural areas       

Councillor Marcus Cornish requested a memo to all Councillors investigating the DCP regarding colour bond fences in rural areas and if this is being policed and what is Council’s policy on colour bond fences in rural areas.

 

RR 12         Subdividing lots - Ninth Avenue Llandilo     

Councillor Marcus Cornish requested a report back to a Councillor Briefing on the proposal of subdividing 5 to 10 acre lots on Ninth Avenue Llandilo, between Second and Third avenue seeking support by Council to subdivide down one acre blocks.

 

Committee of the Whole

 

RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:39pm.

 

Councillor Prue Car MP left the meeting, the time being 10:39 and did not return.

 

1        Presence of the Public

 

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

 

 

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.

 

4        Council Personnel and Council Procedures

         

Councillor Bernard Bratusa requested a matter be referred to Committee of the Whole regarding Council Personnel and Council Procedures as the matter refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 10:50pm and the General Manager reported that the Committee of the Whole met at 10:39pm on 23 May 2016, the following being present

 

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

 

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

 

CONFIDENTIAL BUSINESS

 

2        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                 

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

CW2 That:

1.    The information contained in the report on 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 be received

2.    The matter be deferred to a future meeting to allow a Policy to be developed and presented to Council at a future meeting on land that may require dedication where no Section 94 Plan is in place.

 

3        Civic Arts Precinct (Mondo)                                                                                            

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

 

CW3 That:

1.    The information contained in the report on Civic Arts Precinct (Mondo) be received

2.    A sum of $600,000 is allocated from the Asset Reserve within the 2015-16 budget for the purpose of the removal of contaminated material.

 

4        Council Personnel and Council Procedures

 

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ben Goldfinch

CW4 That the information contained in the report on Council Personnel and Council Procedures be received.

 

ADOPTION OF Committee of the Whole

 

RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 There being no further business the Chairperson declared the meeting closed the time being 10:51pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·  Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Gold Award for 2014-15 Annual Report                                                                             1

 

2        Local resident recognised in Queen’s birthday honours                                                    2

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

Mayoral Minute

Gold Award for 2014-15 Annual Report 

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

           

 

I commend Penrith City Council’s success at the 2016 Australasian Reporting Awards.

 

Council has been successful in receiving a prestigious Gold Award for its Annual Report 2014-15. This is the first time that Council has received a Gold Award and follows up several Silver Awards in previous years.

 

To receive a Gold Award a report must demonstrate overall excellence and be a model report for other organisations to follow.

 

The Annual Report is an important way to let our community know about our activities and achievements, as well as our challenges. It provides a summary of Council’s performance in the delivery of its programs and services and describes our progress towards an environmentally, socially and economically sustainable City.

 

I would like to congratulate the team involved in preparing the Annual Report as well as all from right across the organisation that contributed information. It’s not easy to pull together information from such a diverse organisation but it’s important that we are able to provide our community with a full picture of the services we provide. Particular thanks goes to Allegra Zakis, Carmel Hamilton, Krystie Race, Jennifer Moses, Samantha Sutherland, Brett Richardson, Daniel Moore, Julie Campbell and Belinda Prestwidge.

 

Councillor Karen McKeown

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Gold Award for 2014-15 Annual Report  be received.

 

 

 


Ordinary Meeting                                                                                                   27 June 2016

 

Mayoral Minute

Local resident recognised in Queen’s birthday honours

Strategy: Encourage social connections and promote inclusion in our community

        

Requested By:            Councillor Karen McKeown  

 

Penrith resident, Kevin Connelly, received the Medal of the Order of Australia for his service to veterans and their families in the 2016 Queen’s Birthday Honours List on 13 June 2016.

 

I’d like to congratulate Mr Connelly, who is in the Chambers this evening, on this well-deserved honour and thank him for his outstanding contribution to the community.

 

Mr Connelly gave 25 years’ service to the Army Reserve and was initially based in Ashfield. He reached the rank of Warrant Officer Class One and served with the Royal Australian Army Service Corps, now known as the Royal Australian Corps of Transport.

 

Because of this association, Mr Connelly has been involved with the Ashfield RSL Sub-Branch for many years. He has held the positions of sub-branch vice-president, senior vice-president and is the current president.

 

Mr Connelly is current president of the Western Metropolitan District Council for the RSL – the district council of sub-branches – and chair of the NSW Branch Tribunal, as well as deputy chief marshall of the Sydney Anzac Day march.

 

In association with this role, Mr Connelly was asked to form the Descendants of World War II and Post World War II Association in 2006. He was its founding Chair and helped establish a solid membership before stepping down from the role in 2009. The Association is still going strong.

 

He is also a member of Burwood Municipal Council’s Sandakan Education Committee, which remembers those who died during the Borneo Death March.

 

Mr Connelly was nominated as an outstanding citizen by his peers. On behalf of Penrith Council and the Penrith community I’d like to thank him for his service to veterans and their descendants.

 

Councillor Karen McKeown

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Local resident recognised in Queen’s birthday honours be received.

 

 

  


Notices of Motion

 

Item                                                                                                                                                Page

 

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

 

 



Ordinary Meeting                                                                                                   27 June 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 applications for modification of consent under Section 96 of the Environmental Planning and Assessment Act 1979, be reported to and determined by the Council at an Ordinary Meeting and not determined under 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 Local Traffic Committee Meeting held on 6 June 2016                                                                                                                                              1

 

2        Reports and Recommendations of Policey Review Committee Meeting held on 20 June 2016                                                                                                                                  13

 

3        Reports and Recommendations of Penrith Community Safety Partnership Meeting held on 1 June 2016                                                                                                                      17

 

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 6 June, 2016

 

 

 

PRESENT

Her Worship the Mayor, Councillor Karen McKeown, Councillor Marcus Cornish, Councillor Tricia Hitchen, James Suprain – Roads and Maritime Services, Steve Grady – Busways, Mark Elliott – St Marys Police LAC, Matthew Shirvington – Penrith Police LAC, 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, Catherine Waerner – Road Safety Officer, Caitlin Bailey – Trainee Engineer, Bernie Meier – Signs and Line Marking Officer, Noel Fuller – Ranger & Animal Services Coordinator.

 

APOLOGIES

Jessica Neale – representative on behalf of Tanya Davies MP, Daniel Davidson - Senior Traffic Engineer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 May 2016

The minutes of the Local Traffic Committee Meeting of 2 May 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Links Road, St Marys - Proposed Temporary "No Stopping" Zones and Right Turn Bay                                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Links Road, St Marys - Proposed Temporary "No Stopping" Zones and Right Turn Bay be received.

2.    The Central Precinct Developer undertake consultation with affected businesses and property owners along Links Road, St Marys.

3.    Subject to no substantial objections, temporary “No Stopping” zones be installed along Links Road, St Marys as shown in Appendix 1.

4.    A right turn bay be installed in Links Road, St Marys at the Central Precinct Development haulage road access, as shown in Appendix 2.

5.    All road works, street lighting, line marking, signage and associated costs be borne by the Central Precinct Developer.

6.    These temporary parking restrictions remain in place for the duration of filling associated with the Central Precinct Development and at the cessation of filling revert back to previous parking arrangements.

7.    The Central Precinct Developer be advised of Council’s resolution.

 

2        John Tipping Grove, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone.                                                                                                

RECOMMENDED

That:

1.    The information contained in the report on John Tipping Grove, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone. be received

2.    A “No Parking – Waste and Removalist Vehicles Excepted” (R5-445 or R5-447 modified) zone be provided fronting 6 – 8 John Tipping Grove, Penrith, as shown on Appendix 1.

3.    All signage costs be borne by the applicant.

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

 

3        Sherringham Road, McHenry Road and Pendock Road, Cranebrook - Provision of  Pedestrian Facilities -  Design Plan Endorsement                                                        

RECOMMENDED

That:

1.    The information contained in the report on Sherringham Road, McHenry Road and Pendock Road, Cranebrook - Provision of  Pedestrian Facilities -  Design Plan Endorsement be received.

2.    A consultation process be undertaken with residents affected by the proposal.

3.    Subject to no substantial objections from the consultation process, Design Plans No. AS236 (dated May 2016), AS234 (dated May 2016), AM185 (dated May 2016) and AP111 (dated May 2016), as shown on Appendices 1, 2, 3 and 4 be endorsed for construction, with funding provided from the 2016/17 Neighbourhood Renewal Program budget and future budgets as priority allows.

4.    A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

 

4        Womra Crescent, Glenmore Park - Proposed Double-Barrier (BB) Line Marking   

RECOMMENDED

That:

1.    The information contained in the report on Womra Crescent, Glenmore Park - Proposed Double-Barrier (BB) Line Marking be received.

2.    Consultation be undertaken with affected residents and property owners in Womra Crescent and adjoining local roads.

3.    Subject to no substantial objections double-barrier (BB) linemarking be installed on Womra Crescent, Glenmore Park as shown in Appendix 1 and Appendix 2.

4.    The residents who raised the matter with Council be notified of Council’s decision.

 

5        St Marys Spring Festival and Street Parade  - Saturday 3 September, 2016             

RECOMMENDED

That:

1.    The information contained in the report on St Marys Spring Festival and Street Parade - Saturday 3 September, 2016 be received.

2.    The event applicant be advised that this is a part Class 2 and part Class 4 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3.    The Traffic Management Plan be approved for St Marys Spring Festival and Street Parade on Saturday, 3 September, 2016 subject to the following conditions:

 

(a)  Approval be given for the temporary closure of roads listed in the report for the duration of the event.

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

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

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

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

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

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

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

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

(j)   Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).  The organisers be requested to co‑ordinate advisory signs, as required, with Council’s City Works Manager:

·    for westbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 3 September 2016 (7.00am–4.00pm)”.

·    for eastbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 3 September 2016 (7.00am–4.00pm)”.

The signs are to be placed on the Great Western Highway (on the concrete median and prior to Glossop Street for westbound traffic, and on the northern kerbside for eastbound traffic), approximately 50m from both approaches to Queen Street, at least two weeks before the Festival.

An additional sign is to be placed on Mamre Road for northbound traffic, approximately 50m on the approach to the Great Western Highway indicating “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 3 September 2016 (7.00am–4.00pm)”.

(k)  The event organiser notifies ambulance and fire brigades (NSW Fire & Rescue and NSW Rural Fire Service) and the NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event.

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

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

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

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

 

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

 

6        Charles Street, St Marys - Provision of 'No Parking' Restrictions                             

RECOMMENDED

That:

1.    The information contained in the report on Charles Street, St Marys - Provision of 'No Parking' Restrictions be received

2.    Consultation be undertaken with affected businesses regarding the proposed ‘No Parking’ restrictions across the drive way of Number 1 and Number 3 Charles Street, St Marys.

3.    Subject to no substantial objections being received, ‘No Parking’ restrictions be installed for a length of 29m, as shown in Appendix 1.

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

 

7        Jamison Road, South Penrith - Provision of 'No Parking' Restrictions                    

RECOMMENDED

That:

1.    The information contained in the report on Jamison Road, South Penrith - Provision of 'No Parking' Restrictions be received.

2.    Consultation be undertaken with affected residents regarding the proposed ‘No Parking’ restrictions on the northern kerb of Jamison Road, South Penrith.

3.    Subject to no substantial objections being received, ‘No Parking’ restrictions be installed for a length of 20m, as shown in Appendix 1.

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

 

8        Bradley Heights - Endorsement of Signage and Line Marking Plan                          

RECOMMENDED

That:

1.    The information contained in the report on Bradley Heights - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by J. Wyndham Prince for Bradley Heights, Stage 2B (Plan No. 9556/CC115, Issue C, dated 22 March 2016) be endorsed for construction (as shown in Appendix 1), with the additional request for pavement arrows.

3.    All associated signage and line marking be installed in accordance with Australian Standards.

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

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

 

9        Chameleon Drive, Erskine Park - Proposed Traffic Calming Facilities                      

RECOMMENDED

That:

1.    The information contained in the report on Chameleon Drive, Erskine Park - Proposed Traffic Calming Facilities be received.

2.    A project for a series of traffic calming facilities, such as angled slow points, at locations to be determined through further investigation, be entered into Council’s Traffic Facilities Prioritisation Program.

3.    When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

4.    All Councillors be advised of the results of the proposed course of action.

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

 

10      Athena Court, St Clair - Proposed 'No Stopping' Zone                                               

RECOMMENDED

That:

1.    The information contained in the report on Athena Court, St Clair - Proposed 'No Stopping' Zone be received.

2.    Consultation take place with the residents of Athena Court, including the resident who requested these proposed changes.

3.    Subject to no substantial objections, a ‘No Stopping 8:00am – 9:30am 2:30pm – 4:00pm School Days’ zone be installed in Athena Court as shown in Appendix 1.

4.    The Principal of Banks Public School be informed, and an education map be produced and distributed explaining the proposed parking changes to the parents and carers of students at Banks Public School.

 

11      Westfield Penrith - Parking Agreement                                                                          

RECOMMENDED

That:

1.    The information contained in the report on Westfield Penrith - Parking Agreement be received.

2.    The signage plans indicating the location for “No Parking” (r5-40), “Loading Zone” (r5-23) and “Accessible Parking” (r5-1-3) be endorsed.

3.    All works associated with the signage installation are to be undertaken by Westfield Penrith at no cost to Council with ongoing maintenance also being the responsibility of Westfield Penrith.

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

 

12      Major and Urgent Traffic Facilities Program - 2016-17                                                 

RECOMMENDED

That:

1.    The information contained in the report on Major and Urgent Traffic Facilities Program - 2016-17 be received.

2.    Projects listed in Table 2 “Projects Proposed for Construction 2016/17” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

3.    If the detailed cost estimates for projects are higher than listed in Table 2, the lower ranked projects be deferred to future programs.

 

13      Waterside Corporate - Endorsement of Signage and Line Marking Plans                

RECOMMENDED

That:

1.    The information contained in the report on Waterside Corporate - Endorsement of Signage and Line Marking Plans be received.

2.    The signage and line marking plans prepared by J. Wyndham Prince for Waterside Corporate (Plan No. 8677/CC68, Issue G, dated 7 April 2016, and Plan No. 8677/CC69, Issue E, dated 7 March 2016) be endorsed for construction (as shown in Appendices 1 & 2).

3.    All associated signage and line marking be installed in accordance with Australian Standards.

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

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

 

14      Mulgoa Rise, Stage 6A and 6B - Endorsement of Signage and Line Marking Plans

RECOMMENDED

That:

1.    The information contained in the report on Mulgoa Rise, Stage 6A and 6B - Endorsement of Signage and Line Marking Plans be received.

2.    The signage and line marking plan prepared by SMEC Urban for Mulgoa Rise, Stage 6A and 6B (Drawing No. 77851.6AB.CC801, Issue L, dated 20 May 2016, and Drawing No. 77851.6AB.CC802, Issue L, dated 20 May 2016) be endorsed for construction (as shown in Appendices 1 and 2).

3.    All associated signage and line marking be installed in accordance with Australian Standards.

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

5.    SMEC Urban be advised of Council’s resolution.

 

15      Bakers Lane, Kemps Creek - Proposed 'No Stopping' Zones                                     

RECOMMENDED

That:

1.    The information contained in the report on Bakers Lane, Kemps Creek - Proposed 'No Stopping' Zones be received.

2.    A ‘No Stopping’ zone of 58 metres be installed on Bakers Lane across the two school driveways for Emmaus College and Trinity Primary School, as shown in Appendix 1.

3.    A ‘No Stopping’ zone of 57 metres be installed on Bakers Lane to the east of the existing ‘No Parking’ zone, as shown in Appendix 2.

4.    Emmaus College be formally requested to move their pedestrian path and gate to the eastern end of the ‘No Parking’ zone to encourage drivers to park further east in the morning and pedestrians to cross the road further east in the afternoon.

5.    Emmaus College be asked to manage the ‘pick-up zone’ actively.

6.    Emmaus College consider allowing students who have younger siblings attending Trinity Primary School to meet private vehicles for collection within the Primary School pick-up area, minimising congestion in the Emmaus College pick-up zone in the indented bay on Bakers Lane.

7.    Roads and Maritime Services be requested to install a mid-zone double-sided 40km/hr school zone sign between the Emmaus College and Trinity Primary School shared driveways and the Mamre Anglican College driveway on Bakers Lane.

8.    A road safety education flier be provided for distribution to parents and carers of Emmaus College Students.

9.    Sergeant Elliott, the Principals of Emmaus College and Trinity Primary School and Council’s Rangers be informed of these changes.

 

16      Sunflower Drive, Claremont Meadows - Proposed On-Street Mobility Parking Spaces                                                                                                                                

RECOMMENDED

That:

1.       The information contained in the report on Sunflower Drive, Claremont Meadows - Proposed On-Street Mobility Parking Spaces be received.

 

2.       Two mobility parking spaces as “Disabled parking 15 minutes” be installed on Sunflower Drive immediately in front of the accessible parking bus zone, and to reduce the ‘No Stopping’ zone prior to the children’s crossing to 7.5 metres as shown in Appendix 1.

 

3.       A kerb ramp be installed at the midpoint between the proposed mobility parking spaces as shown in Appendix 1.

 

4.       The Principal of Claremont Meadows Public School be informed.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL

 

GENERAL BUSINESS

 

GB 1          Bringelly Road and Caddens Road, Kingswood – Endorsement    of Roundabout Design Plan AB176

The purpose of this report is to seek Council’s endorsement of a design plan for a roundabout at the intersection of Bringelly Road and Caddens Road, Kingswood. The report recommends that Design Plan AB176 be endorsed for construction.

 

Background

In early 2016, the Government announced a $3.6 billion 10-year Western Sydney Infrastructure Plan (WSIP) which is an economic windfall for the New West. As part of this, $35.8 million was allocated in January 2016 to local roads in Round Two of the $200 million Western Sydney Local Roads Package. Council was successful in its bid for funding and has received approval for the following projects;

 

•        Erskine Park Road & Peppertree Drive Intersection Upgrade ($11.3m)

•        Erskine Park Road & Bennett Road Upgrade ($7.5m)

•        Erskine Park Road & Coonawarra Drive Intersection Upgrade ($6.9m)

•        Erskine Park Road & Explorers Way Intersection Upgrade ($3.4m)

•        The Northern Road Intersections Upgrade ($6.7m).

 

Detailed design and planning is presently underway to expedite delivery of the aforementioned intersections, and the current report considers a design plan under the Northern Road Intersections Upgrade ($6.7m) funding stream.

 

Current Situation

Council’s Design Section have now provided a design plan for the intersection of Bringelly Road and Caddens Road, Kingswood with a single lane, fully mountable roundabout proposal including all signage and line marking.

 

Council’s Design Section advises that the proposal has been designed to best practice when considering the Roads and Maritime Services supplement, Austroads and Australian Standards requirements. The roundabout is able to facilitate 12.5m bus turning movements for all directions of travel, and is able to accommodate u-turning of a 10m service vehicle.

 

It is recommended that consultation be undertaken with affected property owners now that detailed design plans have been provided. Due to driveway adjustments required at properties, it is proposed to meet with residents on site as appropriate, to ensure clarity in the process.

 

Subject to no substantial objections, it is recommended that Council’s Design Plan AB176 be finalised and endorsed for construction.

 

As with all designs involving traffic and pedestrian facilities, a lighting assessment will be undertaken to ensure compliance with the relevant lighting category.

 

RECOMMENDED

That:

1.       The information contained in the report on GB1. Bringelly Road and Caddens Road, Kingswood – Endorsement of Roundabout Design Plan AB176 be received.

2.       Consultation be undertaken with affected property owners, with any substantial objections referred back to Local Traffic Committee for consideration.

3.       Subject to no substantial objections, Council’s Design Plan AB176 be finalised and endorsed for construction, with funding provided from the Roads & Maritime Services’ 2016-2017 WSIP.

4.       A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.     

 

GB 2          Frogmore Road and The Northern Road, Orchard Hills –       Intersection Congestion Issues     

Councillor Tricia Hitchen advised the Committee that it took approximately 17 minutes to get through the intersection of Frogmore Road and The Northern Road, Orchard Hills today. This is causing continued frustration to not only Councillor Hitchen, but many other residents in the area who use this intersection regularly, particularly during peak times. Adam Wilkinson advised the Committee that this intersection will be upgraded as part of The Northern Road Upgrade Project, which is due for completion in 2019.

RECOMMENDED

          That Council note the information.

 

GB 3          Sunflower Drive, Claremont Meadows – Bus Route for Emmaus   Catholic College     

Councillor Tricia Hitchen expressed concern to the Committee about the lack of designated bus stops for the Emmaus Catholic College school bus along Sunflower Drive and Gipps Street, Claremont Meadows. Steve Grady from Busways advised that there have been amendments to the locations of designated bus stops, as a result of the Werrington Arterial Project. Mr Grady also advised the Committee that from Monday 20 June 2016, there will be further diversions implemented, resulting in limited stops and services. Patrons will be advised in advance of any proposed changes.

RECOMMENDED

          That Council note the information.

 

GB 4          Nepean High School, Emu Plains – School Zone Flashing Lights

Councillor Marcus Cornish advised the Committee that the school zone flashing lights outside Nepean High school on the Great Western Highway, Emu Plains are malfunctioning.

RECOMMENDED

          That Council contact Roads and Maritime Services to advise that repairs are          required.

 

GB 5          Intersection of Russell Street and Bromley Road, Emu Plains

Councillor Marcus Cornish advised the Committee that the “No Stopping” signs on the corners of Russell Street and Bromley Road, Emu Plains need to be extended to improve sight lines for vehicles turning out of Bromley Road.

RECOMMENDED

          That Council’s Traffic Engineers investigate the issue and advise Councillor Marcus Cornish of the outcome.

 

GB 6          Emu Plains Railway Station – Bus and Train Services 

Councillor Marcus Cornish advised the Committee that bus services are not timed to link with the train services at Emu Plains Railway Station.

RECOMMENDED

          That:

1.       Council’s Traffic Section contact Blue Mountains Bus Company to advise them of Councillor Cornish’s concerns.

2.       Councillor Marcus Cornish be advised of Council’s resolution.

 

GB 7          Samuel Terry Public School, Cranebrook – “Kiss & Drop” Bay

Councillor Marcus Cornish advised the Committee that Samuel Terry Public School in Cranebrook requires a dedicated “Kiss & Drop” bay, to the right of the main entrance

RECOMMENDED

          That Council’s Traffic Engineers attend a site meeting with Councillor Marcus         Cornish and Matthew Shirvington from Penrith Police LAC to review options.

 

GB 8          Sunflower Drive (North) and Gipps Street, Claremont Meadows –                    Intersection Re-opening

Steve Grady from Busways advised the Committee that the intersection of Gipps Street and Sunflower Drive, Claremont Meadows, will be re-opening on Monday 20 June 2016. Bus services affected by this closure were 778 and 770. These services have been diverted onto Myrtle Road, which will close on Monday 20 June 2016.

Busways will be placing up notices at bus stops to advise residents of the changes.

RECOMMENDED

          That the information be noted.

 

GB 9          Penrith Railway Station Bus Interchange    

Steve Grady from Busways advised the Committee that buses are experiencing difficulties when exiting the Penrith Railway Station bus exchange during peak times on weekday mornings due to vehicles parked waiting for the opening (8:00am) of the Jane Street car park.

Matthew Shirvington from Penrith Police LAC advised Mr Grady and the Committee that his Highway Patrol department will be conducting patrols of the area this week (week commencing Monday 6 June 2016).

Council Rangers are also undertaking periodic patrols of this location

RECOMMENDED

That the information be noted.

 

GB 10        Werrington Arterial – Pedestrian Facilities  

James Suprain from Roads and Maritime Services advised the Committee, in regard to the Werrington Arterial Project, the Burton’s Project Manager has been re-informed of contractual agreements in relation to safe pedestrian movements as traffic control services are required, particularly at the Sunflower Street and Fowler Street intersection during school times.

Mr David Drozd advised the Committee that Council has given a clear direction to the contractor right from the project inception meeting, that traffic control services (stop/slow) are required during construction, particularly at school times.

RECOMMENDED

          That the information be noted.

 

GB 11        Cadda Ridge Drive, Caddens – Bus Stop     

The Chairman, Mr Wayne Mitchell, drew the Committee’s attention to recent concerns from a local resident regarding a newly established bus stop on Cadda Ridge Drive, Caddens.

Mr Adam Wilkinson and Mr Steve Grady (Busways) advised the Committee of the issue that has arisen from the owner of no. 2 Cadda Ridge Drive, Caddens and the resident’s disapproval of the placement of a bus stop at the front of no. 4, as this impinges on her on-street parking capabilities.

Busways and Council are working in consultation to mediate with the resident regarding this issue, and have provided advice to the resident, advising that the location of the bus zone is appropriate when considering network and bus stop placement in this region.

RECOMMENDED

          That the information be noted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:31am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 June, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                   27 June 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 20 June, 2016

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 19 June 2016 to 22 June 2016 inclusive.

Leave of Absence was previously granted to Councillor Karen McKeown for the period 19 June 2016 to 22 June 2016 inclusive.

Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 19 June 2016 to 22 June 2016 inclusive.

APOLOGIES

Apologies were received for Councillor Maurice Girotto and Councillor Ben Goldfinch.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 6 June 2016

The minutes of the Policy Review Committee Meeting of 6 June 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

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

 

4        Wentworth Community Housing - Strategic Priorities

RECOMMENDED

That:

1.    The information contained in the report on Wentworth Community Housing - Strategic Priorities be received.

2.    The Chief Executive Officer, Stephen McIntyre, and Chairman, Keith Bryant, be congratulated for their work on the Wentworth Community Housing program and thanked for their presentation.

 

 

Outcome 2 - We plan for our future growth

 

1        Status of Community Event Temporary Signs Policy

RECOMMENDED

That:

1.    The information contained in the report on Status of Community Event Temporary Signs Policy be received.

2.    The draft policy be reviewed and an implementation plan be developed which includes details on availability, professional standards for signage and process for booking.

3.    The details of the locations of the proposed signs be endorsed and an update on the implementation plan be provided through an all Councillor memorandum.

 

Outcome 4 - We have safe, vibrant places

 

2        Regatta Park Draft Plan of Management

RECOMMENDED

That:

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

2.    The Final Plan of Management for Regatta Park, Emu Plains be adopted.

 

Councillor Prue Car MP arrived at the meeting, the time being 7:55pm.

 

Outcome 5 - We care about our environment

 

3        Outcomes of Public Exhibition - Amendments to Chapter C5 Waste Management of Penrith Development Control Plan 2014                                                                        

RECOMMENDED

That:

1.    The information contained in the report on Outcomes of Public Exhibition - Amendments to Chapter C5 Waste Management of Penrith Development Control Plan 2014 be received.

2.    Council adopt the amended Chapter C5 Waste Management of Penrith Development Control Plan 2014 (Attachment 2), amended in accordance with the recommendations included in Attachment 1.

3.    The General Manager be delegated authority to make any necessary minor changes required to Chapter C5 Waste Management of Penrith DCP 2014 in accordance with Council’s adopted policy position before notification in the newspaper.

4.    In accordance with the Environmental Planning and Assessment Regulations 2000, Council give public notice of its decision in a local newspaper within 28 days, with the Development Control Plan coming into effect immediately upon notification in the newspaper. 

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

For

Against

Councillor Greg Davies

 

Councillor Ross Fowler OAM

 

Councillor Prue Car MP                           

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Greg Davies

                                                        

Councillor Jackie Greenow OAM

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Michelle Tormey

 

 

5        Penrith Swimming Centre Waterplay Feature Update                                                  

RECOMMENDED

That:

1.    The information contained in the report on Penrith Swimming Centre Waterplay Feature Update be received

2.    Council exempt the process from the Tender provision for extenuating circumstances because the works would be delayed for up to 12 months, due to the works needing to be undertaken during the Penrith Pool close down period.

3.    The obligations of the entities for future procurement processes be clearly communicated to staff of Council and the entities.

4.    The additional funding of $300,000 be allocated by way of a further $150,000 loan repaid over a period of 10 years by the Penrith Aquatic and Leisure Limited and a further $150,000 allocation from the Asset Reserve.

Councillor Bernard Bratusa called for a DIVISION.

For

Against

Councillor John Thain

Councillor Bernard Bratusa

Councillor Kevin Crameri OAM

Councillor Michelle Tormey

Councillor Prue Car MP

Councillor Marcus Cornish

Councillor Jackie Greenow OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

 

 

Outcome 7 - We have confidence in our Council

 

6        Draft Policy on Unsolicited Requests to Purchase Council Owned Land                 

RECOMMENDED

That:

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

2.    The attached draft policy on Unsolicited Requests to Purchase Council Owned Land be adopted.

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 20 June, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                   27 June 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 1 June, 2016

 

 

 

PRESENT

Stuart Brooks, Western Sydney University; Ken Innes, Glenmore Park Residents Group; Brett McFadden, Penrith Local Area Command; Gai Hawthorn, Penrith CBD Cooperation; Julie Page, Nepean Blue Mountains Local Area Health District – Needle and Syringe Program; Barry Vincent, St Marys Local Area Command; Grant Healey, Penrith Local Area Command; Murray Halls, Penrith City Council; Erin Davidson, Penrith City Council; Amanda Rutherford, Penrith City Council; Hans Meijer; Penrith City Council; Murray Halls, Penrith  City Council.

 

APOLOGIES

Her Worship the Mayor Councillor Karen McKeown, Penrith City Council; Councillor Ross Fowler OAM; Daniel McPherson, Penrith City Council; Brian Steffen, Penrith City Council; Alice Fazio, Penrith Youth Interagency.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 2 March 2016

The minutes of the Penrith Community Safety Partnership Meeting of 2 March 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil

 

DELIVERY PROGRAM REPORTS

 

Murray Halls welcomed everyone to the meeting and introduced Hans Meijer as Yvonne Perkins’ replacement and the manager of Community Safety.

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of projects under the Penrith Community Safety Plan 2013-2016

Amanda Rutherford provided an update on the progress of the Public Spaces CCTV Project.

 

The project was due to be delivered by 30 June 2016 but has experienced technical challenges.

 

The installation of cameras along Queen Street has been impacted due to delays with the streetscape works however, Council’s CCTV contractor continues to coordinate the installation in line with these works.

 

The installation of the cameras in the Penrith area has also proved to be problematic and a Wi-Fi solution is still being scoped. Permission from Endeavour Energy is also being sought to install the cameras on their infrastructure.

 

Council will be writing to the Attorney General’s Department to advise of these delays and request an extension to the completion date from June 2016 to December 2016.

 

Warner Youth Education Graffiti Education Awareness Program

 

Amanda advised that the Warner Youth Graffiti Education Program continues into its ninth year. Twelve (12) sessions were booked throughout May and sessions for June are being finalised.

 

The Community Safety Coordinators were due to attend a session at Penrith Christian College but were unable to attend. A time and session will be rebooked in the coming months. If anyone is interested in attending a session please contact the Community Safety Team.

 

Translated Community Resources

 

Amanda informed that there were no funds remaining in the 2015 – 2016 budget to print renewed resources. The Emergency Contact Numbers magnet and the Nepean Domestic Violence Help Card have been updated and translated into four community languages – Arabic, Persian, Hindi and Nepalese. These are the languages of emerging communities throughout the Penrith LGA.

 

The updated resources will be printed in the new financial year and available for distribution.

 

Walk Wise App

 

Amanda provided an update on the progress of the Walk Wise project App. The App tracks and maps walking routes in real time, has a function to report graffiti and vandalism via GPS and promotes fitness and safety.

 

The initial App was developed in conjunction with Western Sydney University but programming was not compatible with Penrith Council infrastructure. Reprogramming and modifications have been made and the App and is due to be completed by mid-June.

 

The App will be available from App stores on three (3) platforms, iOS, Android and Windows.

 

A launch event will also follow after the release of the App in App stores.

 

Litter Management Strategy

 

Amanda advised that Council received written advice that the Environmental Protection Authority (EPA) Council Litter Prevention Grants – Round 3 has been successful. The program aims to reduce litter around the Hospital campus.

 

The project involves litter counts and the installation of five (5) street litter bins at key locations around the Hospital precinct.

 

RECOMMENDED that the information contained in the report on Update on the delivery of projects under the Penrith Community Safety Plan 2013 - 2016 be received.

 

 

 

 

 

Regular Items

 

Penrith Local Area Command Crime Statistics

 

Brett McFadden advised that the majority of crime categories for Penrith LAC were tracking well, however theft from retail continues to be high. This can be attributed to retail outlets improving loss prevention strategies by employing loss prevention officers, installing quality CCTV cameras and reporting incidents to police and managing stock and losses.

 

Police have been working with licensees to address the theft of packaged liquor from their premises. Issues being addressed included risk management, the sale and display of alcohol, target hardening, re-directing licensees to their obligations under the Liquor Act and Work Health Safety implications for staff of the stores. If licensees do not comply they were in jeopardy of losing their licence. 

 

The implementation of these conditions on local outlets has had a ripple effect on the region with other Commands seeking advice and information for implementation.

 

St Marys Local Area Command Crime Statistics

 

Barry Vincent advised that crime categories are trending well for St Marys. Steal from retail and steal from dwellings are high though.

 

Erskine Park has experienced some issues at Peppertree Oval with young people in the area, antisocial behaviour and vandalism. A number of site visits have been conducted with Police, Council and youth workers to begin the process of engaging with youth, schools and principles.

 

Increased security presence in the area has deterred youth although there are repeated reports of graffiti and vandalism around the precinct area.

 

Murray Halls asked if police recommend security presence in the area. Grant Healey advised that it is a Council asset and Council needs to implement measures to protect property.

 

Grant also highlighted mail theft as an issue in the LGA. He asked if a meeting with planners could be organised to discuss and address issues or the placement of mailboxes be assessed at DA stage.

 

GENERAL BUSINESS

 

GB 1          Nepean Domestic Violence Network   

Amanda advised that the Nepean Domestic Violence Network is now on Facebook. Flyers were provided for distribution. If anyone would like content posted to the page please forward it to Erin Davidson.

 

Brett asked if the Nepean Domestic Violence Network could be linked to the Penrith Police Facebook page

 

GB 2          Domestic Violence Forum  

Amanda advised that she attended a Domestic Violence forum, NSW Local Government Forum – Stronger and more effective ways to prevent domestic and family violence in our communities hosted by Parramatta City Council. The forum was held in Parramatta on 2 May.

 

Moo Baulch from Domestic Violence NSW facilitated the forum. There were a number of case studies and presentations from NSW and VIC Councils that addressed what Councils currently do to address domestic and family violence, strategies and projects implemented, challenges faced and what the next steps are.

 

GB 3          Needle and Syringe Program      

Julie Page advised that a community sharps bin will be installed at Barnardos, Cranebrook. Julie also requested feedback and advice from Partnership members regarding painting a mural on the bin.

 

GB 4          Penrith CBD Parking 

Gai Hawthorn represented businesses within the Penrith CBD asking if any additional lighting would be installed as workers are now parking further out from the centre of the CBD and have to walk to their vehicles in the dark. Murray Halls advised that no further lighting has been planned and encouraged Gai to email Jeni Pollard with concerns.

 

GB 5          Cranebrook Audit      

Grant requested an update of where things were up to regarding the audit that was completed in and around the Cranebrook housing estate. Community Safety will provide an update.

 

GB 6          Mondo      

 Grant requested a completion time on the upgrades to the Mondo. Plans are being made in partnership with the youth command to work with young people that use the space to establish boundaries and guidelines to ensure the space is used appropriately.

 

Hans advised that the works should be completed by the end of June.

 

 

There being no further business the Chairperson declared the meeting closed the time being 4.08pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 1 June, 2016 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Livestock Property Identification Codes (PIC)                                                                   1

 

Outcome 2 - We plan for our future growth

 

2        Reporting Places of Public Worship                                                                                   5

 

3        Development Application DA15/0536 Recreation Facility (Including Multi - Functional Sport Centre, Bowling Alley and Gymnasium), Function Centre, Cafe and Associated Car Parking, Landscaping and Drainage Works Lot 141 DP 245373 & Lot 10 DP 778605 (No. 2-6) John Oxley Avenue, Werrington County Applicant: Zhinar Architects;  Owner: ~Benjamin Yammine

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  7

 

4        Development Application No. 15/0047.01 Section 96 (1A)  Modification to an approved cafe for installation of a sub-surface structure to hold cafe umbrellas, additional seating area in Coachman's Park and Associated Licencing at Lot 2 DP 25637 (No. 129) Queen Street, St Marys Lot 98 DP 128213 (No. 131) Queen Street, St Marys   Applicant: Jame Vainkolo;  Owner: ~Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                26

 

5        Development Application No. DA15/1403 for Demolition of Existing Structures & Construction of 2 x Six (6) Storey Residential Flat Buildings containing 97 Apartments & Basement Car Parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 & Lots 27-28 Sec 20 DP 2296 at (Nos 144-148) High Street & (Nos 35-37) Barber Avenue, Penrith Applicant: Morson Group Pty Ltd;  Owner: ~Barber Developments Pty Limited

          Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                33

 

6        88B Variation to facilitate Development Application 16/0201 for a Dwelling Addition, In-ground Swimming Pool, Garage, Garden Shed and Outdoor BBQ Area Lot 810 DP 1068323 (No. 38-40) Belleview Avenue, Mount Vernon   Applicant: Nadia Turov;  Owner: ~Nadia Turov

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                52

 

URGENT

 

19      Development Application No. 15/1490 at Lots 5 & 6 DP 31575, (No. 107 - 109) Jamison Road, Penrith for the Demolition of Existing Structures & Construction of 11 x Two Storey Townhouses   Applicant: Eversleigh Holdings Pty Ltd;  Owner: ~Ian R Fraser

          Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                              136

 

 

 

Outcome 3 - We can get around the City

 

7        Parking Agreement - Westfield Penrith                                                                            60

 

Outcome 4 - We have safe, vibrant places

 

8        Tender Reference WSROC15/16-01 for the Collection and Processing of Mattresses    64

 

Outcome 5 - We care about our environment

 

9        Tender Reference RFT15/16-16 For the Drainage Asset Inventory Data Collection     70

 

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

 

10      Don Bosco Youth and Recreation Centre St Marys - Funding Contract                         78

 

11      Travel Assistance Policy                                                                                                  83

 

 

Outcome 7 - We have confidence in our Council

 

12      Classification of Land - Woodriff Street, Penrith                                                              94

 

13      Subdivision of Council Owned Land in Cranebrook                                                        97

 

14      Classification of Land comprising Closed Weir Road, Penrith                                      101

 

15      Adoption of Council's 2016-17 Operational Plan & Fees and Charges, and Making of the Rates and Charges for 2016-17                                                                                     105

 

16      Borrowing Program 2015-16                                                                                          119

 

17      Outcome of Land and Environment Court Appeal

 Development Application DA13/0311 for Residential Apartments & Townhouses at 119 Glengarry Drive, Glenmore Park                                                                                   121

 

18      Summary of Investments & Banking for the period of 1 May to 31 May 2016             125

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Livestock Property Identification Codes (PIC)                                                                   1

 

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

1

Livestock Property Identification Codes (PIC)   

 

Compiled by:               Anthony Price, Acting Environmental Health and Compliance Manager 

Authorised by:            Wayne Mitchell, Executive Manager - Environment & City Development 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We can work close to home

Strategy

Support agriculture and local food production as a significant contributor to the region's economy

Service Activity

Contribute to the health and wellbeing of the City's community

      

 

Executive Summary

The purpose of this report is to provide information on Property Information Codes following a request from Councillor Kevin Crameri OAM at the Policy Review Committee Meeting on 15 February 2016.

It is a requirement in NSW for owners of livestock such as cattle, sheep, goats and pigs to have a Property Identification Code (PIC) when trading or moving these livestock.

PICs are part of the National Livestock Identification System (NLIS) and provide traceability to specific properties, which is important in the event of disease control or chemical residue problems. NLIS is a part of Federal and State Government biosecurity strategies to trace meat from paddock to plate and to safeguard our domestic and export markets.

Background

From 1 September 2012, anyone who keeps or owns livestock in NSW is required to ensure the land on which the livestock are kept has a PIC. This is a requirement of the Stock Diseases Regulation 2009. The PIC register is administered by Local Land Services in the NSW Government for the purpose of tracing livestock and identifying land used for agricultural purposes.

 

Livestock includes one or more of the following:

·    Cattle

·    Sheep

·    Goats

·    Pigs

·    Deer

·    Bison

·    Buffalo

·    Alpacas or lamas

·    Horses or donkeys

Also:

·    100 or more doves or pigeons

·    100 or more chickens, ducks, geese or turkeys

·    10 or more emus or ostriches

 

Local Land Services maintain the PIC register which includes details such as property name or address and PIC manager details. PICs are usually required to be renewed every three years. Each property or in some cases properties worked as a single property is required to have its own PIC.

 

PICs are an important part of the NLIS and provide traceability to specific properties, which is important in the event of disease control or chemical residue problems. NLIS is a part of Federal and State Government biosecurity strategies to trace meat from paddock to plate and to safeguard our domestic and export markets.

How PICs help to manage biosecurity and animal health threats

Movements of livestock between properties with different PICs are recorded on the NLIS database, so movements of these livestock on and off different properties and saleyards can be traced, as well as livestock movements to abattoirs. For situations relating to disease control or where chemical residues are detected in meat at an abattoir, PICs assist in identifying the property where the affected stock were last held so that appropriate investigations and responses can occur.

 

PICs are printed on approved NLIS tags. PICs are also recorded on stock movement documents such as National Vendor Declarations and Transported Stock Statements so the movement of livestock off a property can be traced.

 

Obtaining a PIC

 

To obtain a PIC, landowners need to lodge an application with a Local Land Services office. Further details on PIC’s can be found on the Local Land Service website at www.lls.nsw.gov.au/livestock/pics.  

 

Role of Local Government

 

Local Government does not have any formal role in the issue or administration of the PIC property registration system. Council can assist by promoting the PIC requirement to our rural landholders on the webpage.  A link to www.lls.nsw.gov.au/livestock/pics is being organised where further detailed information can be found.

 

Conclusion

 

It is a requirement in NSW for owners of livestock such as cattle, sheep, goats and pigs to have a PIC when trading or moving livestock. A PIC register is administered by the NSW Government Local Land Services for the purpose of tracing livestock and identifying land used for agricultural purposes. PICs are also an important part of the NLIS which is a component of Federal and State Government biosecurity strategies to trace meat from paddock to plate to safeguard our domestic and export markets.

 

 

RECOMMENDATION

That the information contained in the report on Livestock Property Identification Codes (PIC) be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Reporting Places of Public Worship                                                                                   5

 

3        Development Application DA15/0536 Recreation Facility (Including Multi - Functional Sport Centre, Bowling Alley and Gymnasium), Function Centre, Cafe and Associated Car Parking, Landscaping and Drainage Works Lot 141 DP 245373 & Lot 10 DP 778605 (No. 2-6) John Oxley Avenue, Werrington County Applicant: Zhinar Architects;  Owner: ~Benjamin Yammine

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  7

 

4        Development Application No. 15/0047.01 Section 96 (1A)  Modification to an approved cafe for installation of a sub-surface structure to hold cafe umbrellas, additional seating area in Coachman's Park and Associated Licencing at Lot 2 DP 25637 (No. 129) Queen Street, St Marys Lot 98 DP 128213 (No. 131) Queen Street, St Marys   Applicant: Jame Vainkolo;  Owner: ~Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                26

 

5        Development Application No. DA15/1403 for Demolition of Existing Structures & Construction of 2 x Six (6) Storey Residential Flat Buildings containing 97 Apartments & Basement Car Parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 & Lots 27-28 Sec 20 DP 2296 at (Nos 144-148) High Street & (Nos 35-37) Barber Avenue, Penrith Applicant: Morson Group Pty Ltd;  Owner: ~Barber Developments Pty Limited

          Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                33

 

6        88B Variation to facilitate Development Application 16/0201 for a Dwelling Addition, In-ground Swimming Pool, Garage, Garden Shed and Outdoor BBQ Area Lot 810 DP 1068323 (No. 38-40) Belleview Avenue, Mount Vernon   Applicant: Nadia Turov;  Owner: ~Nadia Turov

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                52

 

URGENT

 

19      Development Application No. 15/1490 at Lots 5 & 6 DP 31575, (No. 107 - 109) Jamison Road, Penrith for the Demolition of Existing Structures & Construction of 11 x Two Storey Townhouses  Applicant: Eversleigh Holdings Pty Ltd;  Owner: ~Ian R Fraser             136

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

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

2

Reporting Places of Public Worship   

 

Compiled by:               Allison Cattell, Senior Environmental Planner

Authorised by:            Peter Wood, Development Services 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

      

 

 Executive summary

The level of authority required to determine development applications involves consideration of the scale and type of development, the location of any proposed use and/or the level of community interest. ‘Places of public worship’ are notified to surrounding property owners and occupiers, and consideration is given to the proposed scale and location in deciding whether to advertise the development application in the local newspaper. The level of public interest will then guide the level of authority required for determination. Councillors are advised of all new Development Applications and have the authority to call an application to Council for determination.

Background

At Council’s Ordinary meeting on 23 May 2016, Councillor Marcus Cornish withdrew a motion he had put in respect of the item Places of Public Worship and Community Centres - Development Applications. This withdrawal was in response to discussion about uncertainty created when describing the scale and nature of development proposals for places of public worship i.e. major or minor proposals.

 

This raises the question as to whether or not Development Applications for ‘places of public worship’ are reported to Council for determination. This report outlines considerations and processes currently in place for the reporting and level of delegation for determination of development applications including for places of public worship. It has been prepared in response to requests from a number of Councillors following the Ordinary meeting on 23 May 2016.

 

Development Application Reporting and Determination Processes

 

Upon receipt of a development application, an initial review of the type of use and building being proposed is undertaken. The scale and type of development and/or the location of the proposal will generally guide the level of public notification, advertising and exhibition. Councillors will generally be advised by memorandum of proposals of a significant scale, location and/or public interest including for places of public worship.

 

The Development Control Plan 2014 provides for notification and advertising requirements based on development type. It provides guidance for determining the extent of notification required for a development application, and involves consideration of the potential environmental impacts upon surrounding property owners and occupiers. Notwithstanding this, all development applications are publicly available on Council’s online tracking system accessed on Council’s website.

 

In response to advertising, notification and exhibition, anyone may make a submission on a development application, and the level of submissions received may result in a matter being reported to Council’s internal assessment panel for determination under delegated authority i.e. greater than 5 submissions. This panel is comprised of Senior Planning, Engineering, Building Surveying and Environment Officers. Matters involving outstanding compliance matters, reviews of determinations, and recommendations for refusal are examples of types of development applications that may also be referred to this panel for determination.

 

The Development Services Manager may also identify certain applications to be reported to Council for determination and will generally rely on the above criteria. Where there is a substantial number of submissions the Manager will generally use discretion in deciding to report an application to Council for determination.

 

Some matters are not determined under delegated authority by Council officers or by Council and they include matters that are identified for determination by the Joint Regional Planning Panel (JRPP) because of the proposed use, or because of the significant capital investment value. Places of public worship cannot be exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. An existing place of public worship may however change its’ use by a particular religious group to another without the need for development consent, provided that use remains within the bounds of the existing consent.

 

The Development Services Department provides a list of current and new development applications received to all Councillors on a weekly basis. Councillors are able to request any matter to be reported to Council for determination.

 

Conclusion

Reporting of development applications for determination is currently undertaken with careful consideration of the scale and type of development without specifying particular land uses as always requiring a particular level of authority for determination.

 

To establish the appropriate level of authority required to determine a development application, consideration is given to matters including the location of any proposed development, the level of public interest, and reporting requirements or procedures specified by the Department of Planning or internal Council policy.

 

‘Places of public worship’ are notified to surrounding property owners and occupiers, and consideration is given to the proposed scale and location in deciding whether to advertise the development application in the local newspaper. The level of public interest will then guide the level of authority required for determination.

 

RECOMMENDATION

That the information contained in the report on Reporting Places of Public Worship be received.

 

 

ATTACHMENTS/APPENDICES

 There are no attachments for this report


Ordinary Meeting                                                                                                   27 June 2016

 

 

 

3

Development Application DA15/0536 Recreation Facility (Including Multi - Functional Sport Centre, Bowling Alley and Gymnasium), Function Centre, Cafe and Associated Car Parking, Landscaping and Drainage Works Lot 141 DP 245373 & Lot 10 DP 778605 (No. 2-6) John Oxley Avenue, Werrington County  Applicant:  Zhinar Architects;  Owner:  Benjamin Yammine   

 

Compiled by:               Jane Hetherington, Environmental Planner

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a development application for the construction of a recreation facility, function centre, café and associated car parking, landscaping and drainage works at Lot 141 DP 245373 & Lot 10 DP 778605, Nos. 2-6 John Oxley Avenue, Werrington County.   

 

The subject site is zoned RE1 Public Recreation under the provisions of Penrith Local Environmental Plan 2010. ‘Recreation Facilities (Indoor)’, ‘Function Centres’ and ‘Restaurants or cafes’ are all permitted with consent in the RE1 zone.

 

The development proposal was notified, advertised and placed on public exhibition and a total of 189 submissions (of which 178 were a pro forma letter) were received. Concerns raised in the submissions related to noise, traffic generation, commercial competition, inconsistency with the character of surrounding locality and anti-social behaviour. These matters have been considered and are addressed in this report.    

 

The proposal has been assessed against the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and is satisfactory. The proposed development is not considered to result in adverse impact on the surrounding locality. The site is considered to be suitable for the proposed development and the proposal is in the public interest by providing recreational opportunities.

 

It is recommended that the development application be approved subject to conditions of consent.

Background

On 23 May 2014, the applicant lodged a similar application (DA14/0544) over the subject site for a similar form of development. However, this application was withdrawn due to the reception and restaurant components not being permissible land uses within the 6(b) Public Recreation zone under the provisions of  proceeding Penrith Local Environmental Plan 1998 (Urban Land).

 

On 25 February 2015, Penrith Local Environmental Plan 2010 (Amendment No. 4) was gazetted which rezoned the site to RE1 Public Recreation. Within the RE1 zone ‘Recreational Facilities (Indoor)’, ‘Function Centres’ and ‘Restaurants or Cafes’ are now permissible land uses with Council consent.

 

Prior to the submission of the Development Application, a number of meetings were held with the applicant and Council staff to discuss the proposed development, including:

 

·    Pre-lodgement Meetings held on 5 September 2013 and 30 October 2014; and 

 

·    Urban Design Review Panel (UDRP) Meeting held on 23 June 2014.

 

The application submitted to Council has been prepared with regard to the matters raised during the assessment process and by the UDRP. The key issues identified during these initial design meetings related to the activation of the development to Dunheved Road, intensity, scale and setbacks from Dunheved Road, John Oxley Avenue and adjoining residential properties. 

Site and Surrounds

The subject site consists of Lot 141 DP 245373 & Lot 10 DP 778605. The subject site is located on the south-east corner of John Oxley Avenue and Dunheved Road intersection (see Locality Plan – Appendix No. 1). The site has a 54 metre frontage to John Oxley Avenue and a 225 metre frontage to Dunheved Road, with a 20 metre splay corner at the intersection of these frontages. The site has a total area of 12,139m². 

 

The site is currently vacant with a few scattered trees, concentrated to the north-west corner of the site. A 40m wide transmission easement extends across southern portion of the site. 

 

The area to the north and south of the subject site is characterised by low density residential development. To the west of the subject site, along Dunheved Road, is a strip of commercial development that contains Werrington County Shopping Centre, a 7-Eleven Service Station and a KFC Restaurant. Directly to the east is vacant land that is zoned R2 Low Density Residential.

Proposed Development

The proposed development includes the following works:

·    Construction of an indoor recreational facility, cafe, function centre and car parking.

 

·    The car park is to accommodate 158 parking spaces and vehicular access is provided via separate new entry/exit driveways off John Oxley Avenue, with dedicated bus drop off and collection areas and 6 accessible parking spaces.

 

·    An indoor recreational facility consisting of:

Multi-functional sports area with ancillary office, storage area, toilets and changes rooms (approximately 437m²);

Gymnasium (approximately 76m²); and

Five (5) lane bowling alley with ancillary kitchen, dining area, office and toilets.

 

·    A cafe with internal area of approximately 59m² (40 seats) and outdoor seating area of approximately 62m² (42 seats) with ancillary kitchen area.

 

·    A function centre with a maximum capacity of 250 people which comprises of a function area with ancillary offices, kitchen, toilets and storage areas. The function area will have a floor space of 278m².

 

·    Two multi-purpose rooms with a combined floor space of 89m2.

 

·    The proposed hours of operation are as follows:

Indoor recreation facility: Mondays to Sundays, 7am to 10pm.

Cafe: Mondays to Sundays, 7am to 10pm.

Function Centre: Sundays to Thursdays, 11am to 10pm and Fridays to Saturdays, 11am to midnight.

 

·    Removal of five (5) trees.

 

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

 

·    Architectural Plans – Zhinar Architects (Attachments 2)

·    Landscape Plan – Black Beetle (Attachment 3)

·    Statement of Environmental Effects

·    Waste Management Plan

·    Traffic Impact & Parking Report – Varga Traffic Planning

·    Acoustic Report – Sebastian Giglio

·    Accessibility Report – Certified Building Specialists 

·    Arboricultural Assessment – Redgum Horticultural

·    Environmental Site Investigation – Benviron group

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following considerations are addressed:-

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

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

 

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context. The key consideration is the potential impact of the proposed development on water quality, particularly in relation to the water cycle or flora and fauna. It is proposed to discharge stormwater from the development to the existing stormwater drainage system. A water sensitive urban design strategy accompanied the application which addresses water conservation, water quality, water quantity and operation and maintenance. Subject to appropriate conditions relating to stormwater control, and sediment and erosion control during construction, the proposal will be consistent with the SREP 20 requirements, particularly in relation to total catchment management and water quality in the surrounding area.

 

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 does not permit Council from consenting to a development unless it has considered whether the land is contaminated, and is satisfied that the land is suitable (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out.

 

A site inspection for the preceding development application (DA14/0544) revealed that waste materials had been deposited on the site. As a result, a detailed site investigation (DSI) was undertaken by Benviron Group which included sampling. During their site investigation, Benviron Group found that the waste materials previously identified on site had been removed. The DSI assessed the suitability of the site for the proposed use, using criteria applicable to a residential land use which is a more stringent criteria than that which would be applicable to industrial/commercial land use. The DSI concluded that the site is suitable for the proposed development and no remediation works are required. As a result the provisions of SEPP 55 have been satisfied and the proposal complies with this instrument.

 

State Environmental Planning Policy (Infrastructure) 2007

 

Clause 104 of the abovementioned SEPP requires Council to consult with the Roads and Maritime Services. More specifically sub-clause (3) is as follows:

 

Before determining a development application for development to which this clause applies, the consent authority must: 

 

·    Give written notice of the application to the RTA within 7 days after the application is made, and

·    Take into consideration:

(i)         Any submission that the RTA provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, the RTA advises that it will not be making a submission), and

(ii)        The accessibility of the site concerned, including:

a.   The efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and

b.   The potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

(iii)       Any potential traffic safety, road congestion or parking implications of the development.

 

The matter was referred to the Roads and Maritime Services and they have advised that they have no objection to the application as there will not be a significant impact on the classified road network being Dunheved Road. Traffic and parking impacts on the local road network are addressed separately within this report.        

 

Penrith Local Environmental Plan 2010

Permissibility

The site is zoned RE1 Public Recreation under Penrith Local Environmental Plan 2010. Recreation Facilities (Indoor), Function Centres and Restaurants or Cafes, are permissible in the zone with Council consent and are defined as:    

 

Recreational Facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

 

 Function centres means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

 

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

 

The proposed multi-functional sports area, gymnasium and bowling alley components of the development all meet the recreational facility (indoor) definition outlined above and are therefore permissible land uses in the zone.

 

The café component of the proposal meets the Restaurants or Café definition and is therefore permissible in the zone with Council consent.

 

The function centre and ancillary office component is defined as a Function Centre and is therefore permissible in the zone with Council consent.   

 

The applicant has provided additional information specifying that the multi-purpose rooms are intended as ‘short term or one-off hire rooms that can have a variety of purposes include:

-     Small art / craft groups (sewing circles, craft lessons, etc.)

-     Discussion or marketing groups, where locals are invited

-     Community presentations or displays (possibly by the local Council, Schools, action groups, RMS, or others)

-     Aged/ Senior day-time activity location or public presentation, as a smaller, more intimate alternative venue to a club

-     Social club meetings’

 

Given the above it is considered that the multi-purpose rooms are most appropriately defined as a function centre and are therefore also permissible in the zone with Council consent. 

 

LEP and Zones Objectives

 

The proposed development is consistent with the aims and objectives of both the LEP and the RE1 zone, specifically:

 

·    To enable land to be used for public open space or recreational purposes.

·    To provide a range of recreational settings and activities and compatible land uses.

 

The proposed development provides for recreational and dining opportunities for the use of the surrounding population with suitable setbacks, landscaping and architectural design which integrates with existing built form along Dunheved Road and is sympathetic to adjoining residential development to the south.

 

Development Standards

 

There are no specific development standards within the LEP which are applicable to the proposed development.

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

Penrith Development Control Plan 2014 (DCP 2014)

C1 - Site Planning and Design Controls

The application was accompanied by a Statement of Environmental Effects prepared by Zhinar Architects which considered Crime Prevention through Environmental Design (CPTED) principles for the proposed development. The following has been incorporated into the development to address these principles:

-     The provision of security fencing/ gates. The fencing along John Oxley Avenue and Dunheved Road will maximise natural surveillance between public and private places.

-     Provision of security personnel who will monitor the car park area in the evenings and lock the gate once everyone has left the car park.

-     Use of graffiti resistant materials and ‘buffer’ landscaping along the building frontages (west and north-western portions) and fencing adjoining residential properties.

-     Signage to clearly identify entrances, car parks and different uses within the facility (i.e. function centre, gym etc.).

Council’s Community and Safety Co-ordinator has confirmed that the proposal is satisfactory in terms of CPTED principles subject to recommended conditions. Appropriate conditions of consent have been included in relation to adequate lighting and the provision of CCTV and security personnel (refer to Special Condition 2.2.2). 

C2 - Vegetation Management

 

An Arboricultural Impact Assessment has been provided detailing the removal of five (5) trees in association with the proposed development with the retention of thirteen (13) trees. The proposal was referred to Council’s Tree Management Officer who raised no objection to the removal of the vegetation subject to conditions including replacement landscaping.

 

The detailed landscape plan that accompanied the application ensures that the level of planting is sufficient to replace the trees to be removed. The plan also shows that a landscape buffer will be provided along the interface with existing residential development and that landscaping will be provided throughout the car park area to ameliorate the presentation of the car park within the development. 

C5 - Waste Management

 

The key objectives of this section is to ensure that the volume of waste generated during the demolition and construction works is minimised and waste is re-used or recycled where possible.

 

A suitable waste management plan has been submitted with the application, with conditions of consent recommended (refer to Condition D010) requiring compliance with this waste management plan to ensure that the waste management plan is implemented.

 

 

C9 - Advertising and Signage

No details of signage have been included in the application. As such it is recommended that a condition (refer to Condition A026) be included that requires a separate development application be submitted for any signage not considered exempt development under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

C10 - Transport, Access and Parking

The proposal requires the following on-site car parking provision:

 

Land Use Element

Rate

Required

Bowling Alleys

3 spaces per lane

5 lanes

 

= 15 spaces

Fitness Centre including gym

7 spaces per 100m² Gross Floor Area (GFA)

 

Multi-function sports area: 437m2

Gymnasium: 76m2

 

= 5.13 spaces

Restaurants, reception and function rooms

1 space per 6m² of seating area, plus 1 space per employee

Function Room: 278m2

Café: 121m2

Multi-purpose rooms: 89m2

 

*number of staff required for this component of the development has not been nominated

 

= 81.3 spaces

Ancillary Office/ front desk

1 space per 40m² of GFA

89m2

 

= 2.23 spaces

Total Required

 

103.6 (104)

 

The development includes 158 car parking spaces, exceeding the 104 parking spaces required under Penrith DCP 2014 for the various uses. While the application has not nominated the number of staff required to service the function room, café and multi-purpose rooms, which could impact upon the above parking requirements, the application has indicated that the whole development will provide approximately 18 equivalent full-time jobs. As such, the development adequately caters for staff parking required for the function room, café and multi-purpose rooms, which can be accommodated within the 54 parking space surplus. The proposal therefore complies with this section of the DCP.  

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

Context and Setting

 

The proposed development seeks to construct a Recreational Facility which includes a multi-functional sports area, five lane bowling alley, gymnasium, function centre, multi-purpose rooms, café, office areas and associated amenities.

 

The proposal includes the construction of a new car park and pedestrian pathways connecting the car park to the Recreational Facility. Significant landscaping and associated drainage works will be implemented within the land surrounding the proposed building.

The location of the proposed Reactional Facility is responsive to the site constraints, in particular the transmission easement, in that the proposed building is setback 42m from the adjoining residential properties to the south. The scale and setback of the building is also in keeping with existing commercial development further west along Dunheved Road. The proposal also provides for significant landscaped buffer between the associated carpark and the residential properties to the south to minimise impacts to adjoining properties. 

 

Access, Parking and Traffic

 

The car parking area is located at the rear of the site and has provision for 158 car spaces. This exceeds the car parking required under the Penrith DCP 2014.

 

Access to the site will be provided via two separate driveway access points off John Oxley Avenue. A Traffic and Parking Assessment Report prepared by Varga Traffic Planning, dated 1 June 2015, accompanied the application. This report includes details of the expected traffic generated by the various tenancies in the complex based on Roads and Maritime Service’s Guidelines. The report indicates that the level of service (LOS) at the intersection of John Oxley Avenue and Dunheved Road will continue to be classified as good operation, with only minor increases in delays expected. This report has been reviewed by Council’s Traffic Engineer and the RMS, who both had no objection to the development.

 

No significant adverse traffic impacts are expected from the additional traffic generated by the development and it is anticipated that the local road network will have adequate capacity to cater for the traffic generation associated with this development.

 

Noise

 

A number of documents were submitted with the application to address the noise related aspects of the development. These include an Acoustic Report, dated 28 May 2015, and two supplementary statements, dated 10 November 2015 and 7 April 2015, all prepared by Acoustic Consultant, Sebastian Giglio. These documents assess the potential impact generated from the various components of the development, considered both individually and cumulatively, and includes worst-case scenarios in the modelling analysis. The statements also assessed the impact of road noise from “Dunheved Road” upon the proposed development. It has been found that noise emissions can comply with noise goals set in respect to the EPA Industrial Noise Policy guidelines ensuring compliance with the applicable noise criteria requirements.

Accessibility

An access compliance assessment prepared by Certified Building Specialists accompanied the application. The report concludes that the proposed development can comply with the accessibility requirements of the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and applicable Australian Standards

The proposed development was also reported to Council’s Access Committee at its meeting held on 12 August 2015. At that meeting the Committee requested the following be provided: 

·    Provision of an adult change table;

·    Hearing augmentation in the function room;

·    Provision of a ramp to the southern exits off the multi-function room;

·    Provision of a set-down area in the reception centre and servery; and

·    Provision of right and left transfer to accessible toilets. 

 

The recommendations contained in the accessibility report and outlined at the Access Committee meeting are recommended to be imposed as conditions of consent for inclusion in the detailed construction plans for the proposal (refer to Special Conditions 2.2.4 & 2.2.5).

Economic and Social Impacts

Opportunities for employment during the construction and operation of the Recreational Facility are considered to be a positive outcome from the proposed development.

 

The facility will provide a range of functional uses that are not adequately catered for within the local government area, attracting a wide range of users and contributing to Penrith’s role as a destination for social activity, cultural activities, sports, entertainment, lifestyle, health and business. 

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

The subject site is deemed suitable to accommodate the development for the following reasons:

 

·    Stormwater from the site is able to drain to Council’s satisfaction.

·    The site is located within close proximity to public transport. A bus stop is located outside Werrington County shops, approximately 200m west of the site. This bus route (route 780) travels to either Penrith or Mount Druitt railway station.

·    The size of the lot is able to accommodate buses, with two bus drop off areas provided on-site for large groups. 

·    The site is a gateway location for vehicles traveling along Dunheved Road. 

·    The transmission easement provides separation of the building component to the adjoining residential properties to the south.

The proposal has suitably responded to the sites’ constraints, most notably the transmission easement, relationship to a classified road (Dunheved Road) and adjoining residential development to the south.

Section 79(1)(d) – Any Submission made in relation to the Development

(i)         Internal Referrals

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

 

Referral Body

Comments Received

Roads and Maritime Services

Supported. 

Building Surveyor

Supported, subject to conditions.

Development Engineer

Supported, subject to conditions.

Environmental Management

Supported, subject to conditions.

Waterways

Supported, subject to conditions.

Public Health

Supported, subject to conditions.

Traffic Engineer

Supported, subject to conditions.

Community Safety

Supported, subject to conditions.

Tree Management Officer

Supported, subject to conditions.

(ii)        Community Consultation

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2014, the proposed development was extensively notified and advertised in local papers with an exhibition period between 22 June 2015 and 6 July 2015. This period was extended until to the 20 July to enable wider public notification and further opportunity to review the development proposal. Council received a total of 189 submissions, of which 178 were a pro forma letter. Concerns raised in the submissions related to noise, traffic generation, commercial competition, inconsistent to character of surrounding locality and anti-social behaviour. These matters are considered and have been addressed below.

 

Issue Raised

Response

Noise Generation

An Acoustic Report accompanied the application which assesses the impact of noise from the proposed development upon nearby residential receivers. It includes the noise associated with car park usage, deliveries and waste collection activities as well as the noise generated from the various occupancies of the development (function centre, multi-purpose rooms, offices, indoor recreation facility/sports area, gymnasium and bowling alley and café). The report has demonstrated that noise emission levels can comply with noise goals set with respect to the EPA Industrial Noise Policy guidelines. This has been reviewed by Council’s Environmental Health Officer who had no objection to the proposal, subject to conditions of consent. These include compliance with the recommendations of the acoustic report which includes window glass thickness (sound rated glazing), limitation of open louvers and acoustic absorption to the indoor sports area. 

 

Traffic generation

A Traffic and Parking Assessment Report prepared by Varga Traffic Planning, dated 1 June 2015, accompanied the application. This report includes details of the expected traffic generated by the various tenancies in the complex based on Roads and Maritime Service’s Guidelines. The report indicates that the level of service (LOS) at the intersection of John Oxley Avenue and Dunheved Road will continue to be classified as good operation, with only minor increases in delays expected (less than 2 seconds/vehicle). This report has been reviewed by Council’s Traffic Engineer and the RMS, who both had no objection to the development.

 

As such, it is considered that no adverse traffic impacts are expected from the additional traffic generated by the development and it is anticipated that the local road network will have adequate capacity to cater for the traffic generation associated with this development.

 

Commercial competition

Council is unable to refuse an application on the basis that it will result in commercial competition for existing businesses. The market will determine if a business is viable in a proposed location. As the proposed recreational facility is a permissible land use within the RE1 Public Recreation and the development generally complies with Council’s policies, the application is recommended for approval.

 

Inconsistent to character of surrounding locality

The scale and setback of the building is in keeping with existing commercial development further west along Dunheved Road with a design and schedule of colours and finishes which is considered to complement the streetscape. The building is setback approximately 42m from the adjoining residential properties to the south and a landscaped buffer (7m wide) has been provided along the southern boundary to provide vegetated screening between the subject development and residential properties.  

Anti-social behaviour

The applicant has amended the developments design and management practices to address potential community safety concerns. This includes the deletion of a second function room, reduction in car parking, ‘buffer’ landscaping (along the car park interface with residential development), increased glazing opportunities to the Dunheved Road elevation, proposed security fencing/gates, use of graffiti resistant materials and provision of security. Consideration of the information provided was undertaken by Council’s Community and Safety Co-ordinator who confirmed that the proposal is satisfactory in terms of CPTED principles subject to recommended conditions.

 

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

Subject to the imposition of conditions of consent, Council’s Building Surveyor has raised no objection to the proposed development regarding fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

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

The proposal will provide a range of a range of functional uses that are not adequately catered for within the local government area, attracting a wide range of users and contributing to Penrith’s role as a destination for social activity, cultural activities, sports, entertainment, lifestyle, health and business. 

In view of the above, it is considered that development of the site as proposed would create public benefit, and therefore the application has been recommended for approval. 

Conclusion 

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has found to be satisfactory. The site is suitable for the proposed development and the proposal is considered to be in the public interest. The proposal is therefore worthy of Council’s support.

  

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/0536 Recreation Facility (Including Multi - Functional Sport Centre, Bowling Alley and Gymnasium), Function Centre, Cafe and Associated Car Parking, Landscaping and Drainage Works Lot 141 DP 245373 & Lot 10 DP 778605 (No. 2-6) John Oxley Avenue, Werrington County be received.

2.    Development Application DA15/0536 for Recreation Facility (Including Multi – Functional Sports Centre, Bowling Alley and Gymnasium), Function Centre, Café and Associated Car Parking, Landscaping and Drainage Works Lot 141 DP 245373 & Lot 10 DP 778605 (No. 2) John Oxley Avenue, Werrington County be approved subject to the following conditions:

                   2.1  Standard Conditions:

                   A001 – Approved Plans

                   A008 – Works to BCA requirements

                   A012 – Food Act

                   A019 – Occupation Certificate

                   A021 – Food – Business Registration

                   A026 – Advertising sign

                   A029 – Hours of operation & delivery times

                   A036 – Baby care room

                   A038 – Lighting system

                   A039 – Graffiti

                   A046 – Obtain Construction Certificate before commencement of works

                   B004 – Dust

                   B005 – Mud/Soil

                   D001 – Implement approved sediment and erosion control measures

                   D002 – Spraygrass

                   D005 – No filling without prior approval

                   D006 – No filling without prior approval

                   D009 – Covering of waste storage area

                   D010 – Appropriate disposal of excavated or other waste

                   D013 – Approved noise level 1

                   D014 – Plant and equipment noise

                   E01A – BCA compliance for Class 2-9

                   E009 – Annual fire safety-essential fire safety (Class 2-9 buildings)

                   F001 – General fitout

                   F022 – Commercial kitchen (exhaust system)

                   F024 – Food authority notification

                   F025 – Food safety supervisor

                   F027 – Hand basins

                   F028 – Staff toilets

                   F039 – Fly screens

                   F042 – Dishwasher

                   F044 – Sink & splashback construction

                   F045 – Food prep sink – clearance area

                   F046 – Cleaners sink

                   F050 – Light bulbs & tubes

                   F053 – Coolrooms – doors and alarms

                   F055 – Lockers

                   F060 – Grease arrestor

                   F064 – Outdoor dining & trading

                   F186 – Smoke Free Environment

                   H001 – Stamped plans and erection of site notice

                   H002 – All forms of construction

                   H025 – Construction of garbage rooms

                   H041 – Hours of work (other devt)

                   K101 – Works at no cost to Council

                   K201 – Infrastructure Bond

                   K202 – Section 138 Roads Act – Minor works in the public road

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

                   K209 – Stormwater Management

                   K222 – Access, car parking and manoeuvring - General 

                   K223 – Performance Bond

                   K223 - Access, car parking and manoeuvring – minor development

                   K224 – Construction traffic management plan

                   K301 – Sediment and erosion control

                   K302 – Traffic Control Plan

                   K303 – Dilapidation report

                   K405 – Turf to verge

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

                   K502 – Works as executed – General and compliance documentation

                   K503 – Stormwater compliance

                   K505 – Restriction as to user and positive covenant

                   K507 – Line marking & signage

                   K508 – Entry/exit signage

                   K601 – Stormwater Management system operation and maintenance

                   L001 – General

                   L003 – Report requirement

                   L005 – Planting of materials

                   L006 – Aust Standard

                   L007 – Tree protection measures

                   L008 – Tree protection order

                   P001 – Costs

                   P002 – Fees associated with Council land

                   Q01F – Notice of commencement & appointment of PCA2

                   2.2              Special Conditions:

                   2.2.1           Provisions shall be made for an appropriately located, plumbed and                                   drained separate sink with a tap or a bubbler or a                                                                 refillable/replaceable water cooler with a stand for gym user's to refill                                water bottles. Hand wash basins in the toilets or change rooms are                              not appropriate for this purpose.

                   2.2.2           Prior to the issue of an Occupation Certificate, the following                                               community          safety and CPTED (Crime Prevention Through                                                Environmental Design) requirements shall be satisfied:

                   Lighting
                   (a)               All areas intended to be used at night, including the car parks, must                                   allow appropriate levels of visibility.

                   (b)               Pedestrian pathways and access routes in outdoor public spaces                                       should be lit to the minimum Australian Standard of AS 1158.

                   (c)               Lighting should be designed in accordance with AS 4282 - Control of                                 the obtrusive effects of outdoor lighting, so as not to impact on                                          neighbouring properties.

                   (d)               Lighting should have a wide beam of illumination, which reached to                                   the beam of the next light, or the perimeter of the site or area being                                   traversed. Moreover, lighting should clearly illuminate the faces of                                   users of pathways.

                   (e)               Lighting should take into account vegetation and landscaping that                                      may act as an entrapment spot.

                   (f)               Lighting should be designed so that it is 'vandal tough' or difficult for                                   vandals to break.

                   (g)               All lighting should be maintained and kept in a clean condition will all                                  broken or burnt out globes replaced quickly.

                   Fencing
                   (h)               Proposed fencing throughout the development should maximize                               natural surveillance from the street to the building and from the                                          building to the street (e.g. palisade style fencing) and minimize the                                   opportunities for intruders to hide.

                   (i)                Gates to the car park area must be securely locked outside of                                           operational hours.

                   Car Parking
                   (j)                The movement of pedestrians throughout the car parking areas                                         should be clearly delineated by all users of the car park and                                               minimises conflict with vehicles.

                   k)                The design of the car park should ensure that passive surveillance is                                 possible and where appropriate, incorporate active measures such                                    as cameras and security patrols.

                   (l)                The car park shall be locked outside of operational hours to prevent                                   access by pedestrians/ vehicles when the business premises is not in                                use.

                   Landscaping
                   (m)             Dense, medium height vegetation with top to bottom foliage shall be                                  avoided, particularly around walkways. The use of low-level planting                                 or high canopied vegetation will improve surveillance, provide clear                                     lines of sight and avoid any potential concealment areas.

                   (n)               Trees with dense low growth foliage should be spaced or crown                               raised to avoid a continuous barrier.  

                   (o)               Avoid vegetation, which conceals the building entrances from the                                      street.

                   (p)               Avoid vegetation that impedes the effectiveness of public and private                                space lighting.

                   (q)               Use a low ground cover or high-canopied trees with clean trunks.

                   Building Security and Access Control 
                   (r)               CCTV cameras shall be provide coverage of all entry/exit points, car                                 park area and vulnerable/hidden areas. Cameras must be of                                             sufficient standard to be useful for police in the event of criminal                                    investigations. Lighting should be provided to support cameras at                              night (alternatively infra-red cameras are recommended). Signage                                    should be displayed to indicate that CCTV cameras are in use.

                   (s)               A security swipe card system (or similar) is recommended to control                                 access to restricted areas (e.g. staff only areas).

                   (t)                Australian Standard security locks and fixtures are recommended for                                use on all new doors, windows and gates.

                   (u)               Security personnel shall be provided to minimise neighbourhood                               disturbances, assist in crowd management and day-to-day                                                operations.

                   Signage  
                   (v)               Street numbers shall be at least 7cm high and positioned between                                     1m and 1.5m above ground level on the street frontage.

                   (w)              Street numbers should be made of durable materials preferably                                         reflective or luminous, and should be unobstructed (e.g.by foliage).

                   (x)               Signs should be large and legible, with strong colours, standard                                 symbols and simple graphics. They should indicate where to go for                                   help or assistance.

                   (y)               Signs should be strategically located at entrances and near activity                                    nodes such as intersections of corridors or paths.

                   (z)               Where exits to pedestrian routes are closed after hours this should                                     be indicated at the entrance to the route and information on                                               alternative routes should be clearly advised.

                   Amenities
                   (aa)             Toilet and change room cubicle doors shall have spring-opening                               hinges to allow doors to remain open when not in use.

                   (bb)             The rear of the toilet and shower doors should have hooks located                                     half way down to ensure handbags cannot be accessed over the top                                 of the door.

                   (cc)             Cubicle doors shall have a gap between the door and floor and door                                  and ceiling.

                   Graffiti/ Vandalism
                   (dd)             Graffiti resistant coatings must be used to external surfaces where                                    possible, including signage, furniture, retaining walls etc.

                   (ee)             Procedures must be in place to ensure the prompt removal and/or                                     repair of graffiti or vandalism to the buildings, car parking, fencing.                                    This includes reporting incidents to police and/or relevant authorities.

                   2.2.3           Management shall be available at a mutually convenient time, at the                                  invitation of Penrith City and/or the NSW Police, to discuss and                                         action agreed Community Safety, security or other issues in                                               conjunction with other local stakeholders in the area should the need                               arise.  

                   2.2.4           Prior to the issue of a Construction Certificate, the design                                                   recommendations of the Access Compliance Assessment Report,                                    prepared by Certified Building Specialists and dated 26 May 2015                                       shall be incorporated into the Construction Certificate plans. The                                 works shall be certified accordingly by a suitably qualified access                               consultant prior to the issue of an Occupational Certificate.

                   2.2.5           Prior to the issue of a Construction Certificate, the following is to be                                   incorporated into the Construction Certificate plans:

(i)       Provision of an adult change table;

(ii)      Hearing augmentation in the function room;

(iii)     Provision of a ramp to the southern exits off the multi-function room;

(iv)    Provision of a set-down area in the reception centre and servery;

(v)     Provision of right and left transfer to accessible toilets. 

                   2.2.6           An Unexpected Finds Protocol (the Protocol) is to be developed by                                   an appropriately qualified environmental consultant. Prior to the issue                                of the Construction Certificate, the Protocol is to be submitted to                               Council and approved.  If Council is not the Certifying Authority for                                       this development, the report is required to be provided to Penrith City                                 Council for approval.
 

            The Protocol is to address, at minimum, the management of any            contamination found on the site during the excavation and                     construction phase of the development (including the removal of               timber power poles) and is to include at minimum contaminated                          soils, buried building materials, asbestos, odour and staining.

            The Protocol is to be complied with at all times during the excavation             and construction phase of the development.

All remediation works within the Penrith Local Government Area are    considered to be Category 1 works under State Environmental Planning        Policy 55-Remediation of Land. Should any contamination be found during          development works and should remediation be required, development     consent is to be sought from Penrith City Council before the remediation       works commence.

2.2.7           Waste collection activities for all components of the development are to occur within the hours of 7am - 6pm weekdays and 8am - 6pm weekends.

                   2.2.8           No playing of music or use of any amplification equipment for music                                 or announcements is permitted in the outdoor areas, including                                           outdoor terrace areas to the Café and Function Centre.

                   2.2.9           Compliance testing, carried out by a suitably qualified acoustic                                           consultant, is to be carried out six (6) months after the issuing of the                                 Occupation Certificate to ensure that noise levels from the                                        development meet the noise criteria established in the "Proposed                               Recreation Facility at the Corner of John Oxley Avenue and                                                 Dunheved Road, Werrington County - Acoustic Report" (Ref:                                            2559/D03) prepared by Sebastian Giglio and dated 28 May                                                2015.

            A Compliance Report on this testing is to be prepared using the test               data   and it is to determine whether the noise emissions criteria for                 the     development is being complied with and whether any mitigation                 works are   required.  This Report is to be prepared and provided to             Council within thirty (30) days of the testing. The Report is to be                approved by Council, with any recommendations being                               implemented in accordance with the approved Report within                    twenty-one days from the direction of Council, unless otherwise             specified by Council. If Council is not the Certifying   Authority for this   development, the report is required to be provided to Penrith                           City Council for approval.

2.2.10         Prior to the issue of the Construction Certificate, further details of all     sound insulation, vibration isolation and reverberation control requirements that are required to be incorporated in to the design and construction of the development are to be submitted to Council for consideration and approval. These details are to be prepared and certified by a qualified acoustic consultant and demonstrate that appropriate mitigation measures are incorporated into the construction of the development to ensure noise and vibration from individual occupancies does not impact on other adjoining separate occupancies within the development, in accordance with relevant       Australian Standards, including AS2107:2000 Acoustics-Recommended design sound levels and reverberation times for building interiors, and the "Assessing Vibration: A Technical Guideline" published by the Department          of Environment and Conservation, 2006.

                   Prior to the issue of the Occupation Certificate, a Compliance Certificate is to be submitted to and approved by Council.  The Compliance Certificate is to be prepared by an appropriately qualified acoustic consultant and is to       certify that the development complies with the noise and vibration criteria required for each individual occupancy and is to certify that construction of the development complies with the above information. Should the Compliance Certificate identify any non-compliance issues, the Certificate   is to provide suitable recommendations for mitigation of those issues.  Any mitigation works are to be undertaken within thirty (30) days from the date of notice from Council, unless otherwise specified.  This Compliance         Certificate may be included in the Compliance Certificate that is required      for the development as a whole with respect to certifying that the building has been constructed to meet the noise criteria established in the "Proposed Recreation Facility at the Corner of John Oxley Avenue and        Dunheved Road, Werrington County - Acoustic Report" (Ref: 2559/D03)       prepared by Sebastian Giglio and dated 28 May 2015. A copy of Council's approval of the Compliance Certificate is to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate

                   2.2.10         Prior to the issuing of an Occupational Certificate, and operation of                                    the business, the exhaust system shall be certified by an                                                    appropriately qualified person to comply with the Building Code of                              Australia and Australian Standard AS1668 Parts 1 & 2. A copy of the                              certification and supporting documentation must be provided to                                                 Council’s Environmental Health Department if Council is not the                              Principal Certifying Authority.

                   2.2.11         Any cooling towers or warm water systems are to be registered with                                  Penrith City Council by completing the registration form for regulated                                systems. This form is to be returned to Council prior to the issuing of                                       the occupation certificate and operation of the system.

                   2.2.12         When an air handling, hot water, humidifying, warm water or water                                    cooling system is installed a certificate is to be obtained certifying                                      that the system has been installed in accordance with the Public                                  Health Act 2010, Public Health Regulation 2012 and AS3666.1:2011.

                   2.2.13         Any air-handling systems, hot-water systems, humidifying systems,                                  warm-water systems and water-cooling systems shall be operated                                    and maintained in accordance with the Public Health Act 2010,                                                Public Health Regulation 2012, AS3666.2:2011 Air-handling and                                  water systems of buildings – Microbial control - Operation and                                          maintenance and the current edition of the NSW Code of Practice for                                  the Control of Legionnaires Disease.

                   2.2.14         Prior to the issue of any Construction Certificate the Certifying                                           Authority shall ensure that the dedication of land for road reserve                                      (Dunheved Road) has occurred. The dedication of land shall be                               consistent with the site plan prepared by Zhinar Architects, reference                                   8289 DA-02, issue DA-C, dated 19.05.2016. The applicant shall                                  submit to Penrith City Council proof         of lodgement of the                                             subdivision plan. All cost associated with the dedication including but                                 not limited to survey costs and legal cost shall be borne by the                                           applicant.

                   2.2.15         The stormwater management systems shall continue to be operated                                 and maintained in perpetuity to the satisfaction of Council in                                               accordance with   the final operation and maintenance management                                  plan. Regular inspection records are required to be maintained and                                     made available to Council upon request.  All necessary                                                 improvements are required to be made immediately           upon awareness                              of any deficiencies in the treatment measure/s

                   2.2.16         All car parking and manoeuvring must be in accordance with                                             AS2890.1-2004; AS2890.6-2009 and Council's requirements.

                   2.2.17         All car spaces are to be sealed/line marked and dedicated for the                                      parking of vehicles only and not be used for storage of                                                       materials/products/waste materials etc.

                   2.2.18         The internal aisles are to be defined as a shared zone, and                                        incorporate physical features to differentiate it as such. The 10km/hr                                 pedestrian shared zone is reinforced with a raised pedestrian                                            platform / thresholds in a distinctive surface to address the                                          pedestrian and vehicle interaction.

                   2.2.19         Prior to the issue of an Occupation Certificate, secure bicycle parking                               is to be provided in at convenient location(s) in accordance with                                         AS2890.3:1993 Bicycle Parking Facilities.

                   2.2.20         To maintain sight distances around the entry and exit driveways, any                                 buses are not to drop-off or pick-up passengers or lay-over on the                                     eastern side of John Oxley Avenue. Should a "bus zone" be required                                  near the site in John Oxley Avenue, separate application is to be                                    made to the Local Traffic Committee for approval with all costs to                                     be borne by the applicant.

                   2.2.21         To ensure pedestrian safety is maintained, delivery and servicing                                       times should be limited to out of primary operating hours.

                   2.2.22         The required sight lines around the driveway entrances are not to be                                  compromised by landscaping, fencing or signage.

                   2.2.23         The Trees must be retained and protected in accordance with the                                      arborists report recommendations.

                   2.2.24         The tree/s must be retained and protected in accordance with                                            Australian Standards, Protection of trees on development sites, AS                                   4970 -2009.

                   2.2.25         All trees approved by Council for removal shall be removed in a                                        manner so as to prevent damage to those trees that are to be                                            retained.

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Site Plan

1 Page

Attachments Included

3.  

Floor Plan

1 Page

Attachments Included

4.  

Elevation Plan

1 Page

Attachments Included

5.  

External Colour Scheme

1 Page

Attachments Included

6.  

Landscape Plans Parts 1 & 2

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   27 June 2016

 

 

 

4

Development Application No. 15/0047.01 Section 96 (1A)  Modification to an approved cafe for installation of a sub-surface structure to hold cafe umbrellas, additional seating area in Coachman's Park and Associated Licencing at Lot 2 DP 25637 (No. 129) Queen Street, St Marys Lot 98 DP 128213 (No. 131) Queen Street, St Marys   Applicant:  Jame Vainkolo;  Owner:  Penrith City Council   

 

Compiled by:               Mahbub Alam, Environmental Planner

Angus Fulton, Property Development Manager

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Facilitate quality development that contributes to a growing regional City

     

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

 

Executive Summary

Council is in receipt of a Section 96(1A) modification application which proposes to expand the provision of an outdoor seating area within Coachman’s Park and install sub-surface structures for cafe umbrellas at Nos.129 and 131 Queen Street St Marys. On 7 April 2015, Council under delegated authority approved DA15/0047 for alterations and additions to an existing restaurant (cafe) including demolition works and construction of an external seating deck and awning within the park.

The subject site is zoned B4 Mixed Use under Penrith Local Environmental Plan 2010 (LEP2010). The proposed modification is a permissible form of development on the site subject to Council’s consent.

The key issue raised during the assessment related to access and public use of the public park including space availability during public events and impact of the seating area on daily uses of the park.

In response to the concerns raised during the assessment, the applicant has submitted an amended site plan verifying the seating area and setback dimensions to existing park infrastructure ensuring that sufficient access and useable space is retained within the park.

The proposed modification was notified to those who made a submission previously and exhibited from 26 May 2016 to 07 June 2016. Council did not receive any submissions to the proposed modifications. 

An assessment under Section 79C and Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP& A Act) has been undertaken and the application is recommended for approval as the development will not unreasonably impact on the built environment or neighbourhood amenity and will assist to activate Coachman’s Park and  Queen Street.   

Given the use of Council land, the assessment has been independently peer reviewed and found to be satisfactory (Attachment 4).

Background

On 7 April 2015, Council under delegated authority approved DA15/0047 for alterations and additions to an existing restaurant (cafe) including demolition works and construction of an external seating deck and awning within the park. The approval also included the continued use of the tenancy as a food and drink premises.

The proposed modification is to use a small section of Coachman’s Park (marked as section C in Attachment 3) as an addition to the approved outdoor seating area. 

The applicant is also required to obtain a licence from Council to use / lease the outdoor seating areas. While seating areas within the road reserve are covered by licencing through the Roads Act, Area C (as indicated in Locality Plan) is not road reserve but a separate lot (Council Owned) and requires separate licencing and approval of the space as part of this modification application.  The proposed licence agreement is included as Attachment 5.

Site and Surrounds

The restaurant site is a Council owned property located on the western side of Queen Street, St Marys (refer to Locality Plan Attachment 1). The subject site is narrow and rectangular in shape and is legally described as Lot 98 DP 128213 (131 Queen Street St Marys).  The affected part of Coachman’s Park is legally described as Lot 2 DP 25637 (129 Queen Street St Marys). The restaurant site has an area of approximately 348m2. The restaurant site is situated adjacent to the public space known as Coachman’s Park which is the subject of this application for the external seating component. Vehicular access to 131 Queen Street is via West Lane. There is off-site parking available to the rear of this property for employees with visitor parking available in the public car parking areas within the Town Centre.

The Approved Development

The approved development (Attachment 2) includes the following aspects:

·    Alterations and additions to an existing restaurant (cafe) including demolition works and construction of an external seating deck and awning within Coachman’s Park. The approval also includes the continued use as a food and drink premises.

·    Operating hours: Monday to Sunday 6am to 10pm.

The Proposed Modification

The proposed modified development involves provision of additional outdoor seating area extending into Coachman’s Park being approximately 10m x 2.3m and installation of sub-surface structures for cafe umbrellas within Coachman’s Park and the Queen Street road reserve (refer Attachment 3).

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 96(1A) of the EP&A Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

Section 96 – Environmental Planning & Assessment Act, 1979 (as amended)

Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (the Act), Council may modify a development consent provided:

(a)  The proposed modifications are of minimal environmental impact.

The proposed modification is unlikely to alter any environmental, social and economic impacts of the original development being minor works to the approved development.

(b)  The modified development is substantially the same development as was previously approved.

The application does not alter the nature of the development as approved. The proposed modification is substantially the same development for which consent was originally granted being a restaurant with external seating.

(c)  The application has been notified where required.

In accordance with Section F4 (Notification and Advertising) of Penrith Development Control Plan 2014 (DCP 2014), the proposed modification was notified to those persons who made a submission previously and exhibited from 26 May 2016 to 07 June 2016. Council did not received any submission in response.

(d)  Any submissions received from the notification process have been considered.

Council did not received any submissions in response.

-     Subsections (1), (2) and (5) do not apply to such a modification.

Noted

-     Subsection  (3) - In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C(1) as are of relevance to the development the subject of the application.

An assessment under Section 79C(1) of EP&A Act 1979 has been undertaken for the proposed modification and is addressed further within this report.

-     Subsection (4) - The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

The proposal is a modification of Development Consent No. DA15/0047 which was approved on 7 April 2015.

 

The proposed modifications are considered to be substantially the same development as originally approved under delegation. There are also no changes proposed to the operational characteristics of the approved restaurant under this application.

It is considered that the proposed use and amended works will not unreasonably impact upon the natural environment and neighbourhood amenity and will assist to activate Coachman’s Park and Queen Street.    

Furthermore, the proposed modifications are supported for the following reasons:

·    The use of a small portion of the Coachman’s Park will be governed by a License Agreement to occupy Council land for the purpose of Outdoor Dining. Meetings have occurred with the St Marys City Centre Management, Council’s Property Management Officers and the Tenant to discuss the shared use and activation of the Park. The proposal was supported subject to conditions stipulating that the space is not to be compromised for community events. In this case, the priority will be given to the community event, for which the space was booked. This was agreed to by tenant (applicant) and is reflected within recommended Licence Conditions.

·    Penrith City Council has a single Plan of Management (PoM) for all its public parks. The proposed modification will activate Coachman’s Park and provide greater passive surveillance and use of this area. The proposal only affects a small portion of the park and is not expected to have an adverse impact on existing uses.The proposed development meets the PoM objectives in that it is providing a use which activates the park and provides dining opportunities which can further service the park.

·    The proposed modification contributes to active street frontages as nominated on the map in Figure E15.17 of Penrith Development Control Plan 2014 (DCP 2014). The subject property is identified as requiring an active street frontage that is encouraged through outdoor dining. The proposed outdoor dining is at ground level with direct access from the street. The proposal contributes to the safety and security of Coachman’s Park during operating hours of the cafe through passive surveillance.

 

·    The proposed seating area does not interfere with access to the park as a 6m setback has been provided between the proposed seating area to the northern planter box, and there is sufficient space for vehicles and pedestrians to enter via both driveways.

 

·    Any outdoor seating and umbrellas provided in Coachman’s Park will be removed from this area when the cafe is not in operation. When the umbrellas are removed at the end of day the sockets leave no trip hazard as they are flush mounted with a stainless steel insert which also sits flush with the asphalt.

 

Section 79C of the Environmental Planning and Assessment Act 1979

 

In considering Section 96(3) of the EP&A Act 1979 an assessment of the amended proposal has been undertaken against the relevant matters of Section 79C(1):

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

Penrith Local Environmental Plan 2010 (LEP 2010)

The subject site is zoned B4 Mixed Use under LEP2010. The proposal continues to be defined as a ‘Commercial Development (Retail premises – Food and Drink Premises – Restaurant and café)’, which is permissible with the consent of Council within the zone.

LEP and Zones Objectives

The proposed amendment is consistent with the aims and objectives of the LEP 2010 and the B4 Mixed Use zone.

Development Standards

There are no specific development standards within the LEP 2010 which are applicable to this modification application.

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

There are no draft environmental planning instruments applicable to the subject site.

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

Penrith Development Control Plan 2014 (DCP 2014)

The proposed modification is minor and is compliant with DCP 2014 in terms of:

·    C8 - Public Domain

·    C10 – Transport, Access and parking

·    Part E – St Marys Town Centre

Furthermore the proposed use and amended works will not unreasonably impact upon the built environment or neighbourhood amenity and will assist to activate Coachman’s Park and Queen Street.    

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

Council’s Building Surveyor has raised no objection to the proposed modifications with respect to fire safety requirements. 

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

The modifications as proposed are minor in nature and will result in essentially the same development as originally approved on the site. The proposed modifications are not expected to generate any additional amenity impacts in comparison to the original approval. Furthermore, the proposal will expand an existing restaurant used by the local community and will have a positive economic impact for the Town Centre.

The future character of the area will be enhanced by the proposal.  However, to ensure that the use does not conflict with the public use of the park it is recommended as an additional condition that Area C be utilised for a two (2) year trial period requiring further consideration by Council at the end of this period for any continuance.

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

In view of the above assessment, it is considered that the site is suitable for the proposed modified development subject to conditions.

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

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

Referral Body

Comments Received

Building Surveyor

No objection

Park and recreation

No objection

Place Management

No objection, subject to conditions which limit the use of Area C to a two (2) year trial period.

In accordance with Section F4 (Notification and Advertising) of Penrith Development Control Plan 2014 (DCP 2014), notification of the proposed development was required to be undertaken. The proposed modification was notified to those who made a submission previously with exhibition from 26 May 2016 to 07 June 2016. Council did not received any submissions in response.

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

The development as modified is consistent with the objects of the EP&A Act 1979 in so far as it promotes the co-ordinated and orderly, economic use and development of the land.  The proposal complies with the aims and objectives of Penrith LEP 2010 and the relevant controls of Penrith DCP 2014.  As a result Council is satisfied that the development as modified is consistent with the public interest subject to recommended conditions.

Section 94 Contributions

There are no Section 94 contributions applicable to this modification.

Licencing Requirements

 

In additions to the modification, the applicant is also required to obtain a licence from Council to use / lease the outdoor seating areas. While seating areas within the road reserve are covered by licencing through the Roads Act, Area C (as indicated on the Locality Plan in Attachment 1) is separate lot (Council Owned) and requires separate licencing. The terms of the proposed licence and recommended conditions are in Attachment 5.

Conclusion

The proposed modification to the Development Consent has been assessed against the relevant heads of consideration contained in Section 96(1A) of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. Each of the relevant criteria under Section 96(1A) of the Act has been satisfied. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved.  It will enhance the attraction of Coachman’s Park and complement the existing streetscape without impacting negatively on other users. The proposed modification to the development consent is therefore worthy of Council’s support.  It is recommended that the Licence Agreement (Attachment 5) be endorsed in addition to the favourable determination of the modification application.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No. 15/0047.01 Section 96 (1A)  Modification to an approved cafe for installation of a sub-surface structure to hold cafe umbrellas, additional seating area in Coachman's Park and Associated Licencing at Lot 2 DP 25637 (No. 129) Queen Street, St Marys Lot 98 DP 128213 (No. 131) Queen Street, St Marys  be received

2.    Council grant a Licence Agreement to CJP World Wide Pty Ltd for the use of part of Coachman’s Park as set out in Attachment 5.

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

4.    DA15/0047.01 be approved subject to the following amendment to Council’s Notice of Determination for DA15/0047

·      Amendment of Consent Condition No.1 of DA13/0434 to read as          follows:

1.  The development must be implemented substantially in accordance with the following plans:

Drawing Title

Drawing No.

Prepared By

Dated

Site plan

15-117-00 (Revision B)

Wayne Wilson

12.3.15

Restaurant Area Plan

15-117-00 (Revision A)

Wayne Wilson

March 2015

Kitchen Area Plan

15-117-00 (Revision B)

Wayne Wilson

12.3.15

Utility Area Plan

15-117-00 (Revision A)

Wayne Wilson

March 2015

Plan, North Elevation, East and West Elevation and Perspective

 

Received January 2015

In addition to the following plans as amended pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 on 27 June 2016.

Amended Site Plan

Received 16 June 2016

and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

·    Addition of the following Special Condition:

The use of outdoor dining area marked as Area C on the approved site plan is limited to a two (2) year duration from the issue of the Occupation Certificate.  Further approval from Council is required for its continued use after this period.                     

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Approved Site Plan

1 Page

Attachments Included

3.  

Proposed Site Plan

1 Page

Attachments Included

4.  

Peer Review

2 Pages

Attachments Included

5.  

Licence Agreement

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   27 June 2016

 

 

 

5

Development Application No. DA15/1403 for Demolition of Existing Structures & Construction of 2 x Six (6) Storey Residential Flat Buildings containing 97 Apartments & Basement Car Parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 & Lots 27-28 Sec 20 DP 2296 at (Nos 144-148) High Street & (Nos 35-37) Barber Avenue, Penrith  Applicant:  Morson Group Pty Ltd;  Owner:  Barber Developments Pty Limited   

 

Compiled by:               Kate Smith, Senior Environmental Planner

Authorised by:            Peter Wood, Development Services Manager 

Requested By:            Councillor Marcus Cornish

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a development application for the demolition of existing buildings and structures and construction of 2 x six (6) storey residential flat buildings containing 97 apartments and basement car parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 and Lots 27-28 Sec 20 DP 2296, 144-148 High Street and 35-37 Barber Avenue, Penrith.

Under Penrith Local Environmental Plan 2010 the proposed development is defined as a residential flat building and is permissible in the R4 High Density Residential Zone with the consent of Council.

The development application has been advertised and notified to adjoining and nearby properties between 14 December 2015 and 27 January 2016. The application received
three (3) submissions in response. Key concerns raised in the submissions related to traffic and parking, privacy, solar access, neighbourhood character, property damage during construction and provision of local services. These matters have been considered and are addressed in this report.

The main issues raised throughout the assessment of the application centred on the separation and setbacks of the proposed development to an adjoining heritage item (Kelvin Brae, federation house) as well as the provision of waste collection for the site.

The application has been assessed in accordance with the requirements of Section 79C of the Environmental Planning and Assessment Act 1979 and on balance the proposed development is satisfactory. The application is recommended for approval subject to conditions of consent.

 

Site and Surrounds

The development site is comprised of five (5) lots, with three properties located on the southern side of High Street and two properties located on the northern side of Barber Avenue in Penrith. The site has a frontage of 50.35m to High Street and a frontage of 33.74m to Barber Avenue. The site has a total area of 4152m2.

The site currently contains five single storey dwellings and associated outbuildings/structures. Various trees and shrubs are scattered throughout the site. The surrounding locality is typically characterised by older low density housing stock, however, there are some medium density housing developments in close proximity to the development site and in surrounding streets.

The existing character and context of the area is expected to undergo a significant transition given the recent gazettal of Amendment No. 4 to Penrith Local Environmental Plan 2010 which up-zoned the area to R4 High Density Residential. Within this zone residential flat buildings up to a maximum of 18m in building height are permitted which equates to a building of approximately six (6) storeys. Council has already approved a number of buildings of this scale in the surrounding streets, however at this stage, none have commenced construction.

A locality plan is provided at Attachment No.1.

Background

A site meeting was held with the land owners and representatives of Council to discuss the development potential of the adjoining heritage site as well as surrounding developments which may impact on the heritage item. At this meeting, the subject application was identified by Councillor Cornish as being required to be reported to Council.

The Proposed Development

The proposed development includes the following aspects:

 

·    Two six (6) storey residential flat buildings containing 97 apartments including 81 x 2 bedroom units and 16 x 3 bedroom units;

·    Two (2) levels of basement car parking accessed by a two way driveway from Barber Avenue. The basement levels contain a total of 136 parking spaces including 113 resident parking spaces, 19 visitor parking spaces, 2 car wash bays and 2 service bays;

·    Landscaped courtyards and common open space areas at ground level;

·    Provision of an indented on-street waste collection bay including a dual waste chute system with basement storage rooms, one centralised collection room and designated bulky waste area; and

·    Stormwater drainage infrastructure for the site.

 

Copies of the architectural plans for the proposal are provided at Attachment No. 2.

 

Planning Assessment

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

 

 

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

Penrith Local Environmental Plan 2010

Permissibility

The subject site is zoned R4 High Density Residential under Penrith Local Environmental Plan 2010. Within this zone, residential flat buildings are permissible with Council consent.

Clause 4.3 - Height of Buildings

The Height of Buildings Map identifies a maximum height of 18m as applying to the site. The proposal seeks a variation to the 18m height limit for the lift overrun and part of the associated roof form. The variation sought equates to a maximum 11.4% height departure from the maximum height control. This variation can be considered by Council under Clause 4.6 Variations to Development Standards, as discussed below.

Clause 4.6 - Variations to Development Standards

The applicant seeks a variation to the provisions relating to the maximum building height of 18m under Clause 4.3 of LEP 2010. The development proposes, at its highest point, a building height of 20.64m, which equates to an 11.4% variation although the extent varies across the site.

Figures 1 and 2 demonstrate the extent of the height variation across the site.

Figure 1: Height encroachment as viewed from Barber Avenue

Figure 2: Height encroachment as viewed from High Street

Council’s requirement relating to the maximum building height is a development standard and therefore a variation under Clause 4.6 of the LEP can be considered. This clause aims to provide an appropriate level of flexibility in the application of development standards to achieve better outcomes for and from development.

In accordance with sub-clause (3), the applicant has put forward the following key points to demonstrate that compliance with the development standard is unreasonable and unnecessary, and the basis for which there are sufficient environmental planning grounds to justify contravening the development standard:

·    The height exceedance is a direct result of the topography of the site which slopes from the centre of the development down towards each street frontage. As a result, the front portions of the building exceed the height limit. In this circumstance it is unreasonable to apply the height limit across these portions of the site given the need to create a level and accessible building layout.

·    The proposal is consistent with the height, bulk and scale of the emerging and desired future character of the locality. The building maintains a six storey appearance and the exceedance is generally limited to architectural roof forms which adds interest to the development. The roof features have been designed to complement the different context of each street frontage (i.e. the High Street frontage has a more civic presentation where as the Barber Avenue frontage has been expressed with a more suburban look and feel).

·    A compliant development will not improve or alter the outcome in relation to visual bulk, scale, amenity and solar access. The proposed design is considered to provide a good planning outcome by limiting the amount of cut and fill across the site and improves the amenity of the ground floor units which previously sat just below the natural ground level.

·    The proposal provides a high quality urban form and provides a building that can contribute to a varying skyline given the recent increase in height limit in this area. The architectural merit of the proposal reduces the overall bulk and scale and renders the height variation imperceptible.

·    There are no adverse environmental impacts arising from the proposed height variation.

In accordance with sub-clause (4), the applicant’s objection is well founded and is consistent with the aims of the policy. The objection has adequately addressed the matters prescribed in the LEP, and has demonstrated that full compliance with the maximum building height requirement would be unreasonable and unnecessary in the circumstances of the case. The environmental planning grounds put forward by the applicant are supported in this instance. The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

Of particular importance is the overarching objective of the control which is to facilitate development that is of an appropriate built form. The proposed design accommodates a high quality urban design outcome for the site. The
architectural roof features proposed improve the appearance of the development and add to the residential amenity for future occupants.

Clause 5.10 - Heritage Conservation

The development directly adjoins a local heritage item (Kelvin Brae, federation house). The application was accompanied by a Statement of Heritage Impact prepared by Archnex Designs. The statement concluded that the proposed development will have no impact on the heritage significance of the adjoining heritage item as the significance of the item lies more in its historical association rather than its aesthetic nature given the features of the house have been somewhat diminished due to past works.

Notwithstanding the comments of the above statement, a site inspection revealed that the landscape setbacks should be increased at the edges of the heritage item to provide a more appropriate transition between the dwelling and the proposed residential flat building. As such, the applicant modified the basement design to increase deep soil planting areas at the northern and southern end of the heritage item to provide a more substantial landscape curtilage to the adjoining site. The provision of additional landscaping on these edges will assist in moderating the scale of the development relative to the heritage house which is unlikely to be substantially developed overtime. The increased setbacks also allow for the retention of an existing jacaranda tree which will contribute to the overall amenity of the development and afford adjoining properties additional visual landscape screening. Further, jacaranda trees are a prevalent landscape feature within Penrith and its retention will assist in softening and integrating the new building with the existing streetscape setting.

With the inclusion of additional landscaping planting within these deep soil areas, the development provides an appropriate level of separation and is unlikely to adversely impact on the heritage significance of the adjoining heritage item.

Council’s Heritage Advisor has reviewed the development proposal and raised no objections in relation to the development.

 

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65)

SEPP 65 aims to improve the design quality of residential flat buildings of three or more storeys and containing four or more self-contained dwellings. SEPP 65 contains nine design quality principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals.

The proposed development is consistent with the aims and objectives of SEPP 65. The Development Application has been accompanied by a design verification statement prepared by Peter Morson - Architect, verifying the design quality principles set out in Part 2 of
SEPP 65 are achieved for the development.

Clause 28 stipulates that in determining a development application for consent to carry out residential apartment development, Council must take into account:

(a)  the advice (if any) obtained from the design review panel, and

(b)  the design quality of the development when evaluated in accordance with the design quality principles, and

(c)  the Apartment Design Guide.

Urban Design Review Panel Advice

The proposal was referred to Council’s Urban Design Review Panel prior to the DA submission where a range of issues were discussed. Of notable concern was the location of deep soil landscaping to provide amenity within the development as well as a quality landscape buffer to neighbouring developments. Ultimately, the design review panel considered that the proposal demonstrated sufficient design quality to warrant further refinement of the submitted concept. The amended proposal has been assessed against the panel’s recommendations and is considered to now address the panel’s requirements.

Design Quality Principles

An assessment has been undertaken of the proposed development in relation to the nine design quality principles. The proposal is in accordance with these provisions. The proposal will provide a modern high-density infill residential apartment development consistent with the zoning and density envisaged for the locality. The buildings will make a significant contribution to the streetscape of High Street and Barber Avenue and will contribute positively to the quality and identity of this evolving area. The proposed development is responsive to the desired and anticipated future character of the locality, as determined by Penrith LEP 2010 and Penrith DCP 2014.

Apartment Design Guide

The development has been assessed with regard to the Apartment Design Guide (ADG) and is generally consistent with the key controls. The following matters are noted for further discussion.

Solar Access

A total of 69% of living rooms and private open space areas within the development achieve a minimum of 2 hours direct sunlight between 9am and 3pm mid-winter. This minor variation from the 70% requirement is acceptable given the majority of units, in which solar access is limited, are contained within the building which fronts High Street. The L-shaped layout and configuration of this building is a direct response to the separation and setback requirements of the development to the heritage item and therefore solar access to some of the units has been compromised.

Setbacks & Separation 

The development achieves an appropriate level of visual and acoustic privacy between buildings and adjacent sites. For the most part, the development complies with the separation and setback requirements of the ADG. Where variations are proposed the design has incorporated splayed balconies and privacy screens to direct views away from adjoining properties to minimise any cross-viewing opportunities. Off set windows and balconies have also been accommodated in the development’s design to increase privacy between apartments and adjoining sites.

Natural Ventilation

The development does not comply with the 60% natural ventilation requirement as only 52% of units are naturally cross-ventilated. Despite this departure, the units in which natural cross-ventilation is not achieved are designed as open plan layouts (where the living, dining and kitchen are combined) and comply with the single aspect depth ratios provided in the ADG. The ADG states that to achieve adequate ventilation and daylight access for an open plan, design the unit depth shall not exceed 3 times the ceiling height. In this instance, with a 2.7m ceiling height the maximum unit depth should not exceed 8.1m. It is noted that all open plan layouts (living, kitchen and dining) do not exceed 8m in depth.

Apartment Layouts

All apartments meet the minimum required internal areas and dimensions. Each unit has been designed with 'open plan' living areas. A furniture plan has accompanied the application and demonstrates that the apartments are able to achieve suitable furniture layouts.

Sydney Regional Environmental Plan No. 20 – Hawkesbury/Nepean River Catchment

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (SREP 20) integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment.

Water quality and drainage has been considered for the development with the ultimate stormwater network for the development draining into Council’s street drainage system via a series of filtration systems. Council’s Development Engineers and Environmental Waterways Team have reviewed the application and subject to recommended conditions relating to stormwater support the proposed development.

In addition, details of adequate erosion and sediment control measures to ensure sediment as a result of the development is not deposited in the Hawkesbury-Nepean River via the stormwater system have been provided and are satisfactory.

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

The BASIX scheme aims to encourage sustainable residential development. The policy requires certain kinds of residential development to be accompanied by a list of commitments to be carried out by the applicant.

A BASIX Certificate has been submitted with the development application demonstrating compliance with set sustainability targets for water, energy efficiency and thermal comfort. The certificate will ensure the nominated commitments are maintained for the life of the proposed development.

 

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

Penrith Development Control Plan 2014

The proposed development is generally in accordance with the relevant City-wide provisions of Penrith Development Control Plan (DCP) 2014. The primary development controls relating to the development of this site are contained within the residential chapter of the DCP. An assessment of the application has been undertaken and, on balance, the proposal is consistent with the relevant provisions.

The following areas have been identified for further discussion.

Waste Management

The proposal incorporates the following waste management measures:

·    Individual dual waste chute systems for each building including basement waste storage areas;

·    A communal bulky waste storage area at ground level;

·    A ground floor collection area which is to be serviced by Council’s waste contractors via an indented loading bay on Barber Avenue.

The proposed on-street loading zone for the collection of waste is generally not supported by Council’s Traffic Engineers and Waste Department. However, this solution was ultimately decided as the most practical outcome for this site given the limited manoeuvrability available within the basement of the development for a waste vehicle to enter and exit in a forward direction. The final location of the indented bay was considered to be appropriate given the proximity of the bay to the collection area and position of the basement driveway.

The verge width of Barber Avenue is able to accommodate a full 2.5m wide loading bay as well as maintaining a 1.2m wide footpath and nature strip. The provision of a 2.5m loading bay is a requirement of Council’s Traffic Department as it allows for the garbage truck to be parked off the road and will provide a better outcome for local traffic. The submitted plans only show a 1.5m indented bay and as such this aspect will need to be conditioned accordingly (refer to standard condition K203 and special condition 3.2.10).

Transport, Access and Parking

The proposal requires the following levels of on-site car parking:

 

Required

Proposed

Residential Development:

1 per 1 or 2 bedroom

2 per 3 + bedrooms

113

113

Visitor Parking:

1 per 5 units

19

19

Washing:

1 per 50 units

2

2

Service vehicles:

1 per 40 units

2

2

Total

136

136

The proposal complies with the minimum parking requirements. The arrangement of car parking across the basement levels is considered to be appropriate. Recommended conditions of consent will require the development to allocate parking in accordance with the above rates (refer to special condition 3.2.15). There are a number of stacked parking spaces within the basement. It is recommended that these spaces be allocated to the 3 bedroom units which are required to have a total of two car parking spaces per unit.

Residential Flat Buildings

The proposal has been assessed against this section of the DCP and found to be satisfactory, with the key DCP requirements listed in the table below.

Requirement

Proposal

Complies

Minimum Frontage: 20m

The proposal has a 50.35m frontage to High Street and a 33.74m frontage to Barber Avenue.

Yes

 

Landscaped Area: 35%

 

The proposed development provides a minimum of 1437m² of landscaped area, including the common open space area.

Yes

Front Setback:

Average of adjoining or 5.5m whichever is greater

The front setback to Barber Avenue is 6.8m – 8.8m with projecting balconies.

The front setback to High Street is 5.5m with projecting balconies.

The setbacks are adequate and appropriately respond to each individual streetscape context.

Yes

Rear Setback: 6m

The development does not have a rear setback as the site extends from Barber Avenue through to High Street, however, the development achieves the intent of the rear setback requirement by providing a landscaped courtyard through the centre of the site. The location of this is consistent with the prevailing subdivision pattern of the street and is adjacent to the rear setbacks of adjoining properties.

Yes

Solar Planning: 4 hours solar access to 70% of units

 

Two hours solar access will be provided to 69% of dwellings which is less than the 70% requirement and technically does not comply with the Apartment Design Guide (ADG) noting that the ADG prevails over Council’s DCP pursuant to Clause 6A of SEPP 65.

Apartment Design Guide prevails.

Private Open Space: 20m2 at ground floor; 10m2 on balcony

The proposal is designed to comply with the Apartment Design Guide (ADG) noting that the ADG prevails over Council’s DCP pursuant to Clause 6A of SEPP 65.

Apartment Design Guide prevails.

10% Adaptable Dwellings = 10

Eleven adaptable dwellings provided.

Yes

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

Subject to the imposition of conditions of consent, Council’s Building Surveyor has raised no objection to the proposed development regarding fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

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

Urban Design

The proposal has undergone a number of design revisions and the development presents a suitable urban design outcome on the site having specific regard to the site’s context. The orientation and configuration of the common open space area and landscape setbacks provides a suitable curtilage for the adjoining heritage item and will ensure that existing levels of privacy are not adversely impacted by the development.

Accessibility

The proposal provides access for people with disabilities so as to comply with the accessibility requirements of the Building Code of Australia (BCA), Australian Standard (AS) 1428 and the primary objectives of the Commonwealth Disability Discrimination Act 1992. The development incorporates a total of 11 accessible dwellings which complies with the DCP. The Access Report submitted with the application indicates the proposal complies with the requirements of the BCA and AS 1428.

Access, Parking and Traffic

The proposal will generate additional traffic in the locality, however the development will have acceptable traffic impacts on the road network capacity. In addition, the proposal complies with the minimum parking requirements contained within Council’s DCP.

Council’s Traffic Engineer and Development Engineer are satisfied with the proposed access, parking and traffic related aspects of the proposal.

Social and Economic Impacts

The proposal represents a significant development within the locality and will generate substantial economic benefits to Penrith. The proposal will increase the diversity of housing in proximity to the Penrith City Centre and other local service areas such as the Health and Education Precinct as envisaged by Council’s local planning policies.

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

The application has demonstrated that the site is suitable for the proposed development. There are no significant natural or built environment constraints that will hinder the proposed development and appropriate measures can be employed to mitigate any potential impacts. The site has been identified as being suitable for higher density development through local zoning provisions and as such the development will contribute to achieving the strategic vision for the area.

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

Community Consultation

The application was advertised in the local newspaper and notified to the owners and occupiers of adjoining and nearby properties pursuant to the requirements of the Environmental Planning and Assessment Regulation 2000. Affected property owners and occupiers were notified in the surrounding area and invited to make a submission on the proposal during the exhibition period.

The exhibition period for the proposal was from 14 December 2015 to 27 January 2016. Council received a total of three (3) submissions regarding the proposal.

The issues of concern raised in the public submissions are summarised and addressed below.

Traffic & parking matters

The proposal will generate additional traffic given the density of the development proposed. The proposal was reviewed by Council’s Traffic Engineer and found to have an acceptable level of traffic impact on the surrounding road network.

It is acknowledged that the area has a high on-street car parking dependency due to the proximity of the site to Nepean Hospital, however, the on-site car parking proposed by the development meets the requirements of Penrith DCP 2014. Given this, it is unlikely that the development will contribute to on-street parking in the locality.

The parking of vehicles in front of other property entries is a breach of road rules (parking across a driveway cross-over is not permitted).

Potential damage to adjoining properties during construction

The development complies with the required building and basement setbacks. The developer will be responsible for ensuring the structural stability of the buildings and that anchoring or piers/piles used for the basement do not impact on adjoining properties. The construction of the development must meet the requirements of the National Construction Code and relevant Australian Standards.

A recommended condition of consent will require the developer to commission a geotechnical report to confirm the requirements for the construction of the basement (refer to special condition 3.2.22).

A dilapidation report will also be required in relation to adjoining properties prior to construction commencing and a subsequent report on completion of the development will be required including the need for any rectification works if any damage has occurred (refer to special condition 3.2.12).

Privacy

The proposed development has incorporated the following design features to ensure that the privacy of adjoining properties is not adversely impacted by the development.

·    The development provides a generous landscaped common open space area (14m x 27m) through the middle of the site directly adjacent to the adjoining heritage building.

·    The majority of units have been designed to ensure that living areas overlook each street frontage or internal courtyards of the development site. Where balconies have been provided along the side boundaries, these have been designed as a splay with privacy screens to direct occupant’s views either to the front or the rear of the site away from adjoining developments.

·    The buildings provide suitable setbacks and transitions in building height to minimise any potential privacy impacts and where possible large mature trees will be retained along boundaries. This will assist in moderating the scale of the development and perceived privacy impacts of large scale buildings against adjoining lower density housing forms.

Overshadowing

The proposed development does partly overshadow adjoining properties, however, the extent of overshadowing is satisfactory and complies with the requirements of the ADG.

Demand on local services such as infrastructure and schooling

The development will be well positioned in close proximity to the Penrith City Centre and local neighbourhood shops (located on Stafford Street).

The provision of infrastructure and related State Government services to support the densities envisaged in Penrith have been considered by the NSW Government in ‘A plan for growing Sydney’ which provides key directions and actions to support the delivery of housing, employment, infrastructure and open space across the Sydney Metropolitan Area including Western Sydney.

Further, the NSW Department of Education website lists 6 schools (primary and secondary) within the suburb of Penrith and options may also exist for enrolments in neighbouring suburbs that are nearby to the development.

Increased noise

The development will be required to comply with Environment Protection Authority (EPA) guidelines in relation to construction noise and hours of work. The ongoing noise related impacts associated with the development are not likely to exceed that of a normal residential development of this scale.

The development is out of character and scale with its surroundings and area

The proposed development is consistent with the envisaged future character of the area given the site and surrounds have recently been up zoned to permit residential flat buildings of this size.

Decreased property values of adjoining sites

There is no evidence to suggest that the proposed development will affect the value of adjoining properties.

Development of adjoining heritage listed property

The issues raised in relation to the development potential of the adjoining heritage listed site are being considered separately to the subject application. The application has demonstrated that the proposal has adequately addressed the adjoining heritage item and any potential impacts. It is important to note that the subject development will not isolate any of the adjoining sites or limit their development opportunities.

Internal and External Referrals

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

 

 

 

 

Referral Body

Comments Received

Building Surveyor

Conditions provided.

Environmental Health - Waterways

Conditions provided.

Community Safety Officer

Conditions provided.

Waste Management officer

The development will need to accommodate 16 x 1,100L bins.

The development is required to provide on-site collection suitable for a 10.5m heavy rigid vehicle.

A bulky waste service area shall be provided.

Response:

Internal meetings have been held with Council’s Waste and Traffic Department to discuss the waste vehicle access and loading requirements for residential flat buildings. Despite both these departments not generally accepting the provision of an on-street loading bay, in the circumstances of this case it is the most suitable solution for the development. The site is compromised by its High Street frontage and configuration of the lots which makes manoeuvring through the basement with a heavy vehicle difficult to achieve.

Traffic Engineer

The provision of an on-street loading bay is generally not supported by Council’s Traffic Engineers.

Response:

See above comments in relation to on-street loading bay.

Heritage Advisor

Ensure adequate privacy measures are incorporated into the design of the development.

Response:

The design has been amended to increase the amount of deep soil landscaping at the north and south edge of the adjoining heritage item which will increase separation between the buildings. The increased landscape setbacks will also allow the retention of a substantial jacaranda tree which is situated adjacent to the private open space area of the heritage item.

Development Engineer

Conditions provided.

 

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

The site is suitable for the proposed development and the proposed development is permissible with consent. The proposal meets the aims and objectives of the relevant environmental planning instruments applying to the development. The proposal is one of the first large scale re-developments in the locality and will provide for a significant boost to housing supply in an area earmarked for high density development. For these reasons, the proposal is in the public interest.

 

Section 94 Contributions

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

 

Contributions Plan

Contribution

Cultural Facilities

$32,017

Penrith City District Open Space Facilities

$332,725

Penrith City Local Open Space

$120,309

Total Contributions

$485,051

Conclusion

The proposal is generally in accordance with the relevant provisions of the environmental planning instruments pertaining to the land. The development is of a high architectural merit and will contribute to the future character of the locality. The design responds to the concerns raised by Council and has addressed the comments provided by Council’s Urban Design Review Panel with the proposed variation is supportable in this instance. The development has provided a suitable transition between the surrounding lower density developments and the adjoining heritage item.

The proposed development is unlikely to result in any unacceptable impacts on the surrounding environmental conditions and will substantially contribute the provision of housing for Penrith, aligning with the strategic direction for the area. Where potential impacts have been identified, mitigation measures have been incorporated into the development’s design or addressed through relevant recommended conditions.

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The application is therefore recommended for approval subject to recommended conditions of consent.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No. DA15/1403 for Demolition of Existing Structures & Construction of 2 x Six (6) Storey Residential Flat Buildings containing 97 Apartments & Basement Car Parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 & Lots 27-28 Sec 20 DP 2296 at (Nos 144-148) High Street & (Nos 35-37) Barber Avenue, Penrith be received.

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

3.    Development Application No. DA15/1403 for Demolition of Existing Structures & Construction of 2 x Six (6) Storey Residential Flat Buildings containing 97 Apartments & Basement Car Parking at Lot 8 Sec 20 DP 2296, Lot 7 DP 658652, Lot 1 DP 783819 & Lots 27-28 Sec 20 DP 2296 at (Nos 144-148) High Street & (Nos 35-37) Barber Avenue, Penrith be approved subject to the following conditions of consent:

3.1 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

D001 - Implement approved erosion and sediment control measures

D009 - Covering of waste storage area

D010 - Appropriate disposal of excavated or other waste

E01A - BCA compliance

E009 - Annual fire safety statement

G002 - Section 73 Certificate

G004 - Endeavour Energy clearance

G006 - NBN connection

H001 - Stamped plans and erection of site notice

H002 - During construction requirements

H041 - Hours of work

K101 - Works at no cost to Council

K201 - Infrastructure bond

K203 - Roads Act works and structures Civil Construction

K204 – RMS Civil Construction in the State Road

K209 - Stormwater discharge

K210 - Stormwater management

K211 - Stormwater discharge for basement car parks

K222 - Access, car parking and manoeuvring

K225 - Performance bond

K224 - Construction traffic management plan

K301 - Sediment and Erosion Control

K302 - Traffic control plan

K403 - Major Earthworks

K405 - Turf to verge

K501 - Penrith City Council clearance for Roads Act works

K502 - Works as executed plans

K503 - Stormwater compliance

K504 - Restriction as to user and positive covenant (OSD and WSUD)

K511 - Directional signage

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

L010 - Retain existing trees

N001 - Section 94 contribution: Cultural Facilities

N002 - Section 94 contribution: District Open Space

N003 - Section 94 contribution: Local Open Space

P001 - Costs

P002 – Fees associated with Council land

Q01F - Notice of commencement and appointment of PCA

Q006 - Occupation Certificate

3.2  Special Conditions

3.2.1    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.

3.2.2    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.

3.2.3    The Construction Certificate must be accompanied by certification from a person suitably qualified by the Association of Consultants in Access Australia 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). A Compliance Certificate in this regard shall be provided prior to the issue of an Occupation Certificate.

3.2.4    Prior to the issue of a Construction Certificate, the following waste requirements shall be detailed in the Construction Certificate documentation:

i)          The garbage rooms within the basement shall have masonry walls with smooth face cement rendering to the full height internally and be provided with a smooth concrete floor. The floor shall be graded and drained to a floor waste connected to the sewer that shall be charged with a suitably located cold water hose cock. Access doors to the garbage store shall be tight fitting solid core or of non-combustible construction.

ii)         The collection area at the ground floor level shall be ventilated with walls, have a roller door a minimum of 1.8m wide, have a solid imperious non-slip floor graded towards a drainage system, have a hose system for cleaning, be walled and locked using an abloy key.

iii)         The bulky waste storage room shall be separated and fully enclosed and provided with a 1.8m wide external roller door access. Internal access to this room shall be removed.

iv)        The travel path located outside the bulky goods and waste collection room at ground level will need to be concrete and not exceed a seven degree gradient.

v)         The ground floor waste collection area shall be fully enclosed and provided with a 1.8m wide external roller door access.

3.2.5    Prior to the issue of a Construction Certificate, the following design amendments shall be detailed in the Construction Certificate documentation:

i)          To protect the privacy of the occupants, any glass balustrades shall be constructed in opaque or obscure glazing.

ii)         To protect the privacy of adjoining developments the balconies to Units 112, 122, 132 & 142 shall be provided with privacy screens.

iii)         To ensure adequate privacy and solar access protection is provided, all louvres provided for the development shall be fully operational and moveable to enable each unit to manage any potential amenity impacts as it relates to an individual unit.

iv)        To increase privacy to Unit 100, the terrace off Bedroom 1 and Bedroom 2 shall be removed and replaced with suitable landscaping screening.

v)         The ensure the development complements the existing streetscape character of the area, the ‘Red’ accents provided on the building shall be replaced with a colour that is more earthy in tone.

3.2.6    Prior to the issue of a Construction Certificate, details of the proposed location of any required substation including any landscaping or screening measures shall be submitted to and approved by Council. The location of the proposed substation shall be positioned and screened in a manner that is compatible and consistent with the approved building and the streetscape to minimise potential visual impacts.

3.2.7    Prior to the issue of a Construction Certificate, 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. These services shall not be visible from any public location along High Street and Barber Avenue.


Any downpipes or stormwater pipes shall be integrated and blend with the architecture of the building.

3.2.8    Prior to the issue of a Construction Certificate, the location and position of any required fire hydrants and boosters shall be submitted to and approved by Council. The location of these service requirements shall be integrated with the built form to reduce visual impacts along the street frontages.

3.2.9    Prior to the issue of an Occupation Certificate, the building is to be painted internally and externally in accordance with the stamped approved colour schedule. The external colour schedule shall not be modified without prior approval from Council. Graffiti resistant coatings shall be used to external surfaces including blank walls, fences and outdoor furniture throughout the development.

3.2.10  Prior to the issue of an Occupation Certificate in order to facilitate waste collection, a “Loading Zone” restriction is to be implemented for the indented loading bay on Barber Avenue.

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

3.2.11  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. A copy is to be provided to all adjoining property owners.

3.2.12  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.

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.

3.2.13  Prior to the issue of an Occupation Certificate, secure bicycle parking is to be provided in accordance with AS 2890.3:2015 Bicycle Parking Facilities.

3.2.14  The subleasing of car parking spaces is not permitted or endorsed by this consent.

3.2.15  A total of 136 off-street parking spaces are to be provided, line marked and maintained for the development, in accordance with the stamped approved plans. The parking space dimensions and manoeuvring areas are to comply with AS 2890.1 and AS 2890.2, the Building Code of Australia and the Commonwealth Disability Discrimination Act.

Of the 136 spaces, 10 accessible car parking spaces are to be provided in accordance with AS 1428.1.

Parking is to be allocated to each unit and the development in accordance with the car parking rates specified in Chapter C10 Transport, Access and Parking of Penrith Development Control Plan 2014 and the information submitted as part of DA15/1403.

3.2.16  All fencing required by the development shall be constructed at full cost to the property owner or developer of the site.

3.2.17  To ensure a high quality finish internal and external of the development site, any retaining walls shall be shall be of solid masonry construction. The surface shall be either rendered to match the external colour schedule or constructed in a face brick finish.

3.2.18  Prior to the issue of a Construction Certificate, an amended landscape plan shall be submitted to and approved by Council. The landscape plan shall be amended to incorporate following details.

i)          The landscape plan shall be amended to reflect the approved ground floor layout of the development.

ii)         Two (2) trees suitable of reaching a height at maturity of at least 10m shall be provided adjacent to the terrace of Unit 201 and the fire stairs at the edge of Unit 107.

iii)         The retention of the jacaranda tree adjacent to Unit 201.

iv)        One (1) tree suitable of reaching a height at maturity of at least 10m shall be provided adjacent to the north eastern corner of the adjoining dual occupancy development at 39a Barber Avenue.

3.2.19  All precautions shall be taken to adequately protect trees on public property (i.e. footpaths, roads, reserves, etc) against damage during the construction phase of the development. No trees on public property shall be removed, pruned or damaged during construction. This includes the erection of any fences, hoardings or other temporary works. The placement of construction materials beneath the canopy of street trees is prohibited.

3.2.20  The development is to accommodate 7 x 1,100 litre residual waste bins, 7 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 Barber Avenue on collection day by the Building Manager and then returned to the basement after collection.

3.2.21  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.

3.2.22  Prior to the issue of a Construction Certificate, the developer shall obtain a Geotechnical Report to determine any construction requirements for the excavation of the basement car park.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Architectual Plans

13 Pages

Attachments Included


Ordinary Meeting                                                                                                   27 June 2016

 

 

6

88B Variation to facilitate Development Application 16/0201 for a Dwelling Addition, In-ground Swimming Pool, Garage, Garden Shed and Outdoor BBQ Area Lot 810 DP 1068323 (No. 38-40) Belleview Avenue, Mount Vernon   Applicant:  Nadia Turov;  Owner:  Nadia Turov   

 

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

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a development application for the construction of dwelling additions, attached garage, in-ground swimming pool and detached shed at Lot 810 DP 1068323 (No 38-40) Belleview Avenue, Mount Vernon. The application seeks to vary the restrictions secondly and fourthly referred to in the Section 88B (Conveyancing Act 1919) Instrument applying to the site.

 

The restrictions secondly referred to relate to a roof pitch of at least 30 degrees and masonry materials of external walls.  The restriction fourthly referred to relates to a building envelope for preferred building locations. The proposed development incorporates the construction of roof pitches less than 30 degrees for the lower portions of the dwelling additions and the entire shed and the construction of a shed with lightweight cladding outside the current building envelope.

 

Notwithstanding this, the proposal achieves the objectives of Penrith Local Environmental Plan 2010, is compatible with the surrounding area, and minimises impacts on adjoining properties. The shed will be sited within the rear setback and not be visible from Belleview Avenue. Screen planting is to be provided between the shed and northern boundary to minimise the visual bulk of the structure and reinforces the scenic landscaped setting of the site.

 

The applicant has demonstrated that the variation to the 88B Instrument is unlikely to have any significant impacts on achieving the outcomes intended by the planning and subdivision controls for the property.

Background

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

 

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

 

“No building erected or permitted to remain on the lots hereby burdened shall have a roof of metal deck or fibrous cement or fibrous glass provided that nothing herein contained shall preclude the erection of a building having a metal deck roof which has been pre-coloured when manufactured and which has a pitch of at least 30 degrees to the horizontal.”

 

Point (e) of the restriction secondly referred to burdens this allotment and states “No shed, garage or outbuilding which has floor area greater than twelve (12) square meters shall be erected on each lot burdened other than with external walls of brick and / or concrete and / or stone PROVIDED THAT any shed, garage or outbuilding with a floor area not greater than twelve (12) square meters which is erected with external walls other than brick and / or concrete and / or stone shall be screened so as not to be visible from any Public Road”.

 

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

 

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

 

Penrith City Council is the empowered authority to release, vary or modify these restrictions.

 

A development application (DA16/0201) for the construction of dwelling additions, attached garage, in-ground swimming pool and detached shed was lodged with Council on 1 March 2016. On 17 May 2016 a request to vary the Section 88B Instrument was received to construct roof pitches of less than 30 degrees and to construct a shed with lightweight cladding outside of the building envelope as referenced on the Plan Reference Pittenridge Shinkfield Bruce numbered L01E and dated 20 November 2002.

 

Site and Surrounds

 

The subject site is situated on the western side of Belleview Avenue. It is 1.003Ha in area, is orientated in an eastern direction and slopes slightly towards the rear.  An inspection of the site was undertaken on 5 May 2016 and the site is currently occupied by a single dwelling. The surrounding area is characterised by rural residential development.

 

The Proposed Development

 

The proposed development involves the construction of dwelling additions, attached garage, in-ground swimming pool and detached shed. The applicant seeks a variation to the Section 88B Instrument to construct a metal roof with pitches of less than 30 degrees and to construct the shed outside of the building envelope referred to in the Deposited Plan and finished with a lightweight cladding painted to match the existing residence.

 

The development application was accompanied by:

 

•     Architectural Plans (See Appendix No. 2)

•     Statement of Environmental Effects

•     Waste Management Plan

•     Colour Schedule

•     Acoustic Report

•     BASIX Certificate

 

 

 

 

Assessment of Section 88B Restrictions Removal

 

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

 

The Council report for the original subdivision stated:

 

“The applicant has proposed that the building location, materials, colours, height of buildings and roof pitch be controlled through restriction on title to reduce any impact of development”.

 

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

 

·    The intent of the restrictions was for the construction of dwellings rather than ancillary structures (such as detached sheds). The shed will be sited within the rear setback and not be visible from Belleview Avenue, minimising the visual impact of the building and leaving the streetscape unaffected.

·    The proposed shed is consistent with the surrounding properties and the materials and finishes are complimentary to the existing dwelling.

·    The varying roof forms and metal posted awnings provide articulation.

·    The lower roof pitch provides reduction of bulk and scale to the rear of the property.

·    The development is considered to be site responsive.

 

The varying of the restrictions relating to the roof pitch, materials and building envelope will maintain the intent behind the 88b instrument imposed by Council and does not impact on the existing streetscape.

 

Planning Assessment

 

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

 

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

 

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

 

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

 

Penrith Local Environmental Plan (LEP) 2010

 

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

 

 

 

 

 

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

 

The site is not subject to any Draft Environmental Planning Instruments

 

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

 

Penrith Development Control Plan 2014 (DCP 2014)

 

DCP 2014 Part D Section D1 – “Rural Land Uses” is applicable to the current development application. The development is consistent with the aims objectives and provisions of DCP 2014 with a minor variation at 4.3m (14%) to the side setback requirement of 5m only.  Maximum floor area, wall height, roof pitch and design are all compliant with the DCP requirements.

 

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

 

The development is compatible with the surrounding and adjacent land uses and will have minimal impact on the amenity of the area. The development does not detract from the amenity of neighbouring properties and adequate separation has been provided between property boundaries with the inclusion of plant screening.

 

The development will have insignificant impact on the local road system.  The proposed development is sensitive to environmental conditions; site attributes and safeguards the health and safety of the occupants.  The proposal is compatible with the surrounding and adjacent residential land uses and does not pose any adverse social or economic impact.

 

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

 

The applicant has demonstrated that the proposed location of the shed outside the building envelope is suitable for the following reasons:

 

·    There are no impacts to the streetscape and there is adequate space for screening measures proposed to mitigate potential impacts to the adjoining property.

·    The proposed location requires no earthworks, demonstrates insignificant impact on the natural or built environment and is consistent with the character of the immediate area.

·    Stormwater is able to drain to Council’s satisfaction.

 

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

 

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2010, the proposed development was notified to nearby and adjoining residents.  The exhibition period was between 26/04/2016 and 10/05/2016. Council received no submissions in response.

 

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

 

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

 

 

 

 

 

Conclusion

 

Assessment of the application to construct dwelling additions, attached garage, in-ground swimming pool and detached shed, and to vary points (d) and (e) of the 88B restriction secondly referred to and point (b) of the 88B restriction fourthly referred to in DP 1068323, has demonstrated that the proposal is unlikely to have any impacts on the achievement of the outcomes intended by the planning and subdivision controls for this site. The varying of the restrictions will not compromise the safety, character or amenity of the locality.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 88B Variation to facilitate Development Application 16/0201 for a Dwelling Addition, In-ground Swimming Pool, Garage, Garden Shed and Outdoor BBQ Area Lot 810 DP 1068323 (No. 38-40) Belleview Avenue, Mount Vernon  be received.

2.    Items (d) and (e) in the restriction secondly referred to and item (b) in the restriction fourthly referred to in the Section 88b instrument applying to Lot 810 in DP 1068323 be varied to exclude Lot 810.

3.    The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the 88b instrument.

4.    The application for the construction of dwelling additions, attached garage, in-ground swimming pool and detached shed be approved subject to the following conditions:

 

                             4.1     Standard Conditions

 

                       A001 – Approved plans that are architecturally drawn

                       A008 – Works to BCA requirements

                       A019 – Occupation Certificate

                       A046 –  Obtain Construction Certificate before commencement of                                            works

                       B002 – Demolition and disposal

                       B004 – Dust

                       B005 – Mus/Soil

                       B006 – Hours of work

                       D001 – Erosion and sediment control

                       D007 – Cut and fill of land requiring validations certificate

                       E001 – BCA compliance

                       F006 – Water tank & nuisance

                       H001 – Stamped plans and erection of site notice

                       H007 – Aircraft or traffic noise

                       H030 – Roof finishes

                       H036 – Rainwater tank

                       H037 – Safe supply of water from catchment areas

                       H038 – Connection of rainwater tank supply

                       H039 – Rainwater tank pumps

                       H041 – Hours of work

                       J002 – Fencing when water in pool

                       J004 – Pool fence (residential)

                       J010 – Pool board/sign

                       J011 – NSW swimming pool register

                       K016 – Stormwater

                       K041 – Infrastructure bond

                       L008 – Tree preservation order

                       L012 – Existing landscaping

                       P002 – Fees associated with council land

                       Q01F – Notice of commencement & appointment of PCA2

                       Q05F – Occupation Certificate for Class10

 

 

4.2    Special Conditions

                             4.2.1  Prior to the issue of a Construction Certificate for the development,                                   the variation of the Restrictions on the Use of land numbered 2(d),                                    2(e) and 4(b) In DP 1068323, shall be registered with NSW Land and                                   Property Information division of the Department of Lands.  The                                         variation to the Restrictions shall be in the terms approved by                                              resolution of Penrith City Council.

4.2.2  A Special – The proposed dwelling addition or shed shall not be used             or adapted to be used as a second occupancy.

4.2.3  E Special – In accordance with the requirements of clause 94 of the     Environmental Planning and Assessment Regulation, you are                         required to install a hard wired smoke detector in the existing                          dwelling.  This detector is to comply with the requirements of AS3786                and must be located in accordance with 3.7.2 of the Housing                           Provisions.  A certificate from a Licensed Electrician attesting to the                installation of the smoke detector is to be submitted to the Principal                  Certifying Authority prior to the issue of the Occupation Certificate.

4.2.4  H Special – The proposed shed shall not be used under any                  circumstances for any commercial, industrial or habitable residential              activity.

4.2.5  J Special – The operating noise level of the swimming pool filter and    equipment shall not exceed 5dB(A) above the background noise                    level when measured at the boundaries of the premises. The                          provisions of the Protection of the Environment Operation Act 1997              apply to the development, in the terms of regulating offensive noise.

4.2.6  K Special - No earthworks including cut and fill or building works           including a retaining wall, garden shed or other structures of the like               are permitted within the easement. The easement is to remain at              natural ground level at all times.

4.2.7  L Special – Screening shrubs are to be planted between the shed                   and boundary as shown on the approved plan prior to issue of                      Occupation Certificate.

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Architectural Plans

11 Pages

Attachments Included

   


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

7        Parking Agreement - Westfield Penrith                                                                            60

 

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

7

Parking Agreement - Westfield Penrith   

 

Compiled by:               Noel Fuller, Co-ordinator Ranger and Animal Services

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage programs and initiatives that improve road safety, efficiency, and the parking network

 

Previous Items:           4- Parking Agreements with Westfield Penrith and Centro Nepean- Local Traffic Committee- 04 Feb 2008 9:00 am    

 

Executive Summary

The purpose of this report is to inform Council of a request by Centre Management of Westfield Penrith to enter into a parking agreement in accordance with Section 650 of the Local Government Act. 

 

The report recommends that approval be given to carry out parking enforcement of disabled parking spaces and loading zones within private carparks of Westfield Penrith. It is also recommended that Council's Waste and Community Protection Manager be authorised to arrange the necessary action relating to the parking agreement referred to above and that Westfield Penrith Centre Manager be advised of Council's recommendation.

Background

Council has received a request from Westfield Penrith to enter into a parking agreement with Council to regulate disabled parking bays within their car parks and loading dock areas, under Section 650 (subsection 6) of the Local Government Act.

 

Council previously considered requests for Rangers to regulate private carparks and agreed to regulate the disabled parking bays and “No Parking” zones at the Glenmore Park Town Centre, Nepean Village (formerly Centro Nepean) and Station Street Plaza, St Marys. These agreements have proved successful, with all centres  initially providing an education program to staff and shoppers (through intercom systems and fliers) and the establishment of appropriate signage prior to patrols being conducted by Council Rangers.

 

Current Situation

 

At the Local Traffic Committee Meeting of 6 June 2016 a report on the signage plan for the disabled parking and loading zone bays within Westfield Penrith was endorsed.

 

Westfield Penrith requested Council considers entering into an agreement under Section 650 (subsection 6) of the Local Government Act to regulate the disabled car parking bays within their car parks and loading dock areas.  Delays in progressing this matter have occurred due to issues with Westfield management restructure and scrutiny of the proposed agreement by their legal team.

 

Westfield has advised that the disabled parking bays are often being used by persons who do not have the appropriate permit.  The issue of persons using disabled parking bays without the appropriate permit is significant, as it places an impediment to persons who should otherwise be able to use these spaces.

 

Westfield has also requested Council to regulate the loading dock areas, as there are concerns for the safety of tenants and visitors due to unauthorised vehicles being parked in front of fire exits and access ways. Heavy vehicles are at times waiting on road carriageways due to unauthorised vehicles occupying the loading zone areas.  The issue of vehicles blocking egress and pedestrian paths is also significant in that it poses a threat to life and safety of occupants and visitors to both centres.  It is proposed to introduce “No Parking” and loading zone restrictions in these areas.

 

At the Local Traffic Committee Meeting of 6 June 2016 a report on the signage plan for the disabled parking bays and loading zone and “No Parking” areas within Westfield Penrith was presented and this plan was endorsed.

 

It is anticipated that after an initial period there will be minimal impact on Council’s operations to regulate these additional carparks, given the experience at the Glenmore Park Town Centre, Nepean Village (Centro Nepean) and Station Street Plaza, St Marys, with the implementation of education programs to staff and visitors and appropriate signage,.

 

Whilst the agreement will not specify the number or length of patrols, it is envisaged that initially two patrols per week will be conducted and this would be reduced if compliance with the signage is being observed.

 

Westfield Penrith have initiated some programs to attempt to control this issue; however, they have generally proven to be unsuccessful. It is seen that an ongoing education/information program with the potential for persons parking a vehicle in a disabled person’s parking space without authority to be fined $531 (with a CPI annual increase) and for Stopping in a Loading Zone to be fined $177 (with a CPI annual increase) will address the situation, as it has in other centres. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Parking Agreement - Westfield Penrith be received.

2.    Approval be given to the Waste & Community Protection Manager to enter into an agreement with Westfield Penrith to carry out parking enforcement of disabled parking spaces, and ‘Loading Zone’ areas within the private car parks of Westfield Penrith.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

8        Tender Reference WSROC15/16-01 for the Collection and Processing of Mattresses   64

 

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

8

Tender Reference WSROC15/16-01 for the Collection and Processing of Mattresses   

 

Compiled by:               Michael Doggett, Supply Co-ordinator

Authorised by:            Brett Richardson, Acting Financial Services Manager

Murray  Halls, Acting Public Domain Amenity and Safety Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Improve levels of public safety and amenity across the City through quality public space maintenance

      

 

Executive Summary

Tender Reference WRO1-15/16 was advertised on the 26 April 2016, by the Western Sydney Regional Organisation of Councils (WSROC) Ltd. Tenders were invited for the reliable and cost effective provision of Mattress Collection and Processing Services on the basis of a Standing Offer agreement for its member Councils. This tender applies for a period of two years, with options to extend this by mutual consent for a further 2x one year periods, subject to contractor performance and Council’s agreement. The tender closed on Wednesday 18 May 2016.

 

Penrith City Council’s usage of this contract is very low ($15,000 per annum), however other Councils in the WSROC Group particularly Blacktown and Liverpool have a much higher usage ($400,000 per annum). As this contract was conducted by WSROC, it requires endorsement by all WSROC Councils who will be using the contract.

 

This report advises Council of the outcome of the Tender process and recommends that the Tender received from Resource Recovery Australia Pty Ltd be accepted for the scope of works outlined in the WR01-15/16 - Tender Provision of Mattress Collection & Processing Services - for an estimated annual amount of $15,000 (excluding GST).

Background

WSROC and Member Councils have previously tendered and contracted in 2012 for the Provision of Mattress Collection & Processing Services with Mission Australia (Soft Landings). The aims of this contract were to have a cost effective mattress collection service as well as to achieve a very high percentage of recycling of the mattresses collected.

Another benefit of this arrangement was that Mission Australia is a Social Enterprise and provided employment to disadvantaged persons through this contract.

 

During the course of the contract, Mission Australia sold its mattress collection and reprocessing business to Great Lakes Community Resources Incorporated, trading as Resource Recovery Australia. With the agreement of WSROC and Member Councils, the contract was novated to Resource Recovery Australia. This arrangement ends on June 30 2016.

 

The advertised tender (RFT WSROC01-15/16) sought offers from suitably qualified suppliers to put in place a contract to continue this service.

 

 

The services requested include:

·    Ad hoc collection of all types of mattresses from a single street address location

·    Multiple collection of all types of mattresses from individual premises based on a booking system arranged by an individual Council

·    Bulk collection of mattresses from a central location within an LGA (Council Depot or other nominated holding site)

·    Pre-planned collection of mattresses by zone from individual locations

·    Receipt mattresses delivered direct by Councils to the Contractor’s premises

·    Collection of non-presenting mattresses, i.e. attending a location for a booked collection and there are no mattresses to collect

·    Environmental responsible processing, recycling or reuse of all mattress types, and

·    Collection on public holidays and/or weekends as required.

 

Presently Penrith City Council uses only bulk collection of mattresses from a central location within the LGA. During the last 12 months, 580 mattresses have been collected and reprocessed. However this contract gives the option to add any of the other services should Council require it.

 

Penrith City Council’s usage of this contract is very low ($15,000 per annum), however other Councils in the WSROC Group particularly Blacktown and Liverpool have a much higher usage ($400,000 per annum). As this contract was conducted by WSROC, it requires endorsement by all WSROC Councils who will be using the contract. 

 

In response to the WSROC’s request for tender, 2 tenders were received electronically via APET 360 these were from:

 

1.   Resource Recovery Australia (RRA)

2.   Take Your Rubbish Sydney Pty Ltd (TYRS)

Tender Evaluation Process

The Tender Evaluation Committee consisted of:

 

·    Gerard Cobcroft - Coordinator Systems & Administration - Community Law Enforcement & Waste - Blacktown City Council

·    Michael Doggett - Supply Coordinator, Penrith City Council

·    Margaux Park, Resource Recovery Education Officer - Canterbury - Bankstown City Council, and

·    Ramesh Selliah - Senior Contracts Officer, Cumberland Council.

 

The evaluation criteria advertised and used in assessing the tenders included the following:

 

·    Tenderer Details

·    Commercial Requirements

·    Pricing & Conditions

·    Employment & Social Responsibility

·    Management & Administration

 

Tenders Review

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

 

Company

Annual Estimated Expenditure

Company Location

Directors

Resource Recovery Australia

$15,000

LEVEL 2 1-5 Manning St

Tuncurry NSW 2428

Great Lakes Community Resources Inc. Board Members -

Joёl Dunn, Anne Sattler, Gaye Tindall, Shaun Fowler, Teresa Innes, Melanie Ridgeway, Renee Hawkins, Christian Fieldhouse      

Take Your Rubbish Sydney Pty Ltd

$31,900

16 MARCELLA ST KINGSGROVE NSW 2208

Michael Coates

 

Both Tenders were evaluated against the criteria. Consideration was then given to the Tenderer’s price schedules to determine the best value for money solution in meeting the technical, sustainability, social responsibility and financial requirements of the Tender.

The tender from Resource Recovery Australia met all of these requirements to a higher degree than the tender from Take Your Rubbish Sydney Pty Ltd.

 

A few key points of the differences between the 2 responses are:

 

·    RRA has extensive experience and existing contracts with established infrastructure, staff and plant. TYRS has no contracts for similar works, has insufficient plant and staff to carry out the works.

·    RRA gave a detailed description of the processing of the mattresses with the final destination for each type of material listed. TYRS provide only a limited description of the processing of the mattresses and no details were given of the final destination for each type of material.

·    RRA is a social enterprise giving employment to disadvantaged people. TYRS has no policies for employment of disadvantaged people.

·    RRA has GPS monitoring of trucks enabling Councils to report on mattress pickups (a requirement of the specification). TYRS has no GPS monitoring on trucks.

·    In addition to satisfying all of the necessary criteria RRA were also the lowest priced tenderer.

 

The evaluation panel is of the understanding that there are a very limited number of providers in the marketplace for this service. Based on the assessment RRA demonstrated an appropriate level of capability and experience to deliver the required services.

Financial Services Manager’s Comments

The tendered price can be accommodated in the annual budget for Public Domain Cleaning Services included in the 2016-17 Operational Plan. This is a contract which has been arranged by WSROC, and as such, financial capacity assessments were conducted by WSROC. This is an umbrella contract that covers WSROC Councils and is required to be endorsed by all WSROC Councils who will be using the contract. 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group consisting of the Chief Governance Officer Stephen Britten and the Administration Officer Policy and Communication, Stuart Benzie met to consider a WSROC tender for the Collection and Processing of Mattresses. The TAG supports the recommendation in this report based on the outcomes of tender evaluation conducted by representatives of the WSROC member Councils, which includes Penrith City Council’s Supply Coordinator, Michael Doggett.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference WSROC15/16-01 for the Collection and Processing of Mattresses be received

2.    Resource Recovery Australia be awarded the contract for WR01-15/16, for  an amount of approximately $15,000 per annum excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

9        Tender Reference RFT15/16-16 For the Drainage Asset Inventory Data Collection     70

 

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

9

Tender Reference RFT15/16-16 For the Drainage Asset Inventory Data Collection   

 

Compiled by:               Alexx Alagiah, Asset Systems Engineer

Authorised by:            Hans Meijer, Asset Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Ensure contemporary modelling of stormwater systems and provide technical advice on floodplain and stormwater issues

      

 

Executive Summary

Penrith City Council sought Tenders from suitably experienced contractors to undertake a reliable and cost effective collection of inventory data and undertake visual assessments of the condition of pit and pipe drainage assets within the Peachtree and Lower Surveyors Creek Catchments. 

 

The Tender RFT15/16-16 was advertised in the Western Weekender on 6 May 2016 and The Sydney Morning Herald on 10 May 2016.  The tender closed on 3 June 2016.

 

This report advises Council of the outcome of the Tender process and recommends that the tender from ThinkSpatial be accepted for the scope of work outlined in the RFT15/16-16 for the Drainage Asset Inventory Data Collection and Visual Condition Assessment of pits and pipes within the Peachtree and Lower Surveyors Creek Catchments. 

 

Background

 

As part of the Council flood mitigation study Council staff have identified the Peachtree and Lower Surveyors Creeks Catchments need to be analysed to develop flood mitigation measures.  As the existing available council drainage data for these catchments is outdated and no longer valid for flood modelling, there is a need for comprehensive collection of data within these catchments; this will enable Council to utilise the most contemporary information to develop the flood model for these catchments.  Council has allocated a component of its Stormwater Management Service Charge towards its Floodplain Management Program. Accordingly, Council has the  funding required to undertake the data capture within the tender.

 

The purpose of this request for tender is to seek the services of experienced contractors to produce a comprehensive drainage asset database for the dual purpose of enhancing current Council drainage asset database for drainage asset management and for stormwater flood modelling.

 

The estimated number of pits in both survey areas (i.e “Survey Area 1 – Peachtree Creek Catchment” and “Survey Area 2 – Lower Surveyors Creek Catchment”) is 2,200.  For the variation above/below these limits the lump sum contract shall be adjusted higher or lower on the rate per pit provided by the tenderer.

 

The advertised tender (RFT 15/16-16) for the Proposed Drainage Asset Inventory Data Collection and Visual Condition Assessment within the Peachtree Creek and Lower Surveyors Creek Catchments, sought tenders from suitability experienced Contractors to carry out works.

 

Tenderers were also required to complete a price and time schedules and setting out the unit rate for the pit and time frame to complete the entire collection for the Survey Area 1 and Survey Area 2.

 

In response to Council’s request for Tender, ten (10) tenders were received electronically via APET 360.

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Hans Meijer (City Works Manager) (chair), Alexx Alagiah (Asset Systems Engineer), Chiranjit Saha (Asset Information Officer), Laura Schuil (Supply Officer – Contracts).

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

·    Company Information

·    Conformance, Acceptance and Declaration

·    Business References;

·    Completion of forms

·    Demonstrated Ability;

·    Works Method and Program;

·    Financials;

·    Environmental management;

·    Work Health and Safety

·    Quality Assurance Systems;

Tenders Review

A total of ten (10) tenders were received from the following companies (listed in alphabetical order) in response to the advertised tender.

 

Company

Company Location

Directors/Key Personnel

AAM Pty Ltd

Suite 2 33 Waterloo Road Macquarie Park NSW 2113

Braith McClure

Degotardi Smith and Partners

11/19 Bridge Street 

Pymble NSW 2073

 

Greg Glynn

Enquip

7-9 Capital Drive  Grovedale VIC 3216

 

Bernard Westhead

Esk Mapping & GIS

Suite 301 Level 3  Oran Park Podium 

Oran Park NSW 2570

 

Steve Giudici

Geolyse Pty Ltd

128 Koloona Avenue 

Mount Keira NSW 2500

 

Richard Hogan

Hydrographic & Cadastral Survey Pty Ltd

Level 13, Tower 2,

475 Victoria Avenue  Chatswood NSW 2067

Richard Cullen

Opus International Consultant

Suite 22

2 Enterprise Drive Bundoora VIC 3083

 

Jean Dupavillon

Rapid Map Services Pty Ltd

Level 9, 17 York Street Sydney NSW 2001

 

Brendan McNamara

RPS Australia East Pty Ltd

30 Patrick Street 

Hobart TAS 7000

 

Cameron Miles

ThinkSpatial

760 Queensberry Street  North Melbourne VIC 3051

Lachlan Beveridge

 

Non-Conforming Tenders

 

There were no non-conforming tenders received and all submissions were considered for further evaluation.

 

Evaluation of Tenders

 

The tender documents provided tenderers with indicative total number of pits (2,200) for both survey area 1 (Peachtree Creek Catchment) and survey area 2 (Lower Surveyors Creek Catchment) and tenderers were asked to submit a unit rate for pit data capture in each area and the contract value of this tender determines the final number of pits surveyed.

 

The estimated cost submitted by each tenderer for the 2,200 pits for both survey Area 1 and Survey Area 2 are listed below from lowest to highest.

 

Company

Estimated Coast

Estimated Time (weeks)

Estimated Resources (crew)

Enquip

$99,072

1.5

2

Esk Mapping & GIS

$128,411

 

6

4

ThinkSpatial

$133,320

 

12

7

Geolyse Pty Ltd

$225,800

 

8

4

Rapid Map Services Pty Ltd

$240,920

 

22

5

Degotardi Smith and Partners

$245,600

9

8

Opus International Consultant

$254,314

 

12

6

Hydrographic & Cadastral Survey Pty Ltd

$301,400

 

6

7

AAM Pty Ltd

$369,600

 

8

8

RPS Australia East Pty Ltd

$442,025

8

20

 

 

Each Tender was evaluated against the criteria above to determine an initial ranking. Consideration was then given to the Tenderer’s price schedules to determine the best value for money against the initial ranking. Reference checks were also undertaken.

 

After a review of the tendered prices it was determined by the Tender Evaluation Panel that there was no advantage to Council in further considering the higher priced tenders, and as a result, the two highest priced tenders were not further considered.

 

Though the price quoted by Rapid Map Services Pty Ltd is comparable with other tenderers, their time to complete the project is well outside the specified time frame for project completion in the tender.  As such Rapid Map Services Pty Ltd was excluded from further evaluation.

 

Enquip and Esk Mapping & GIS tendered the two lowest prices.  However both of their submissions did not demonstrate that they realised the extent of work involved based on previous experience by Council staff in drainage data capture resource requirements.  Penrith City Council’s previous experience for similar pit surveys shows that two, two man crews complete the survey of approximately 1000 pits in 12 weeks. The tender assessment panel were of the view that based on the details of their submissions, including the equipment used and staffing levels indicated, both companies quoted a time frame to complete the entire survey that appeared unrealistic. As a result of this assessment, Enquip and Esk Mapping & GIS were also therefore excluded from further evaluation.

 

The following tenderers were shortlisted for second stage evaluation process

 

ThinkSpatial

Geolyse Pty Ltd

Degotardi Smith and Partners

Opus International Consultant

Hydrographic & Cadastral Survey Pty Ltd

 

The second stage of the evaluation process involved assessing each of the above companies against the evaluation criteria in more detail.  Each company provided details of their capability, environmental requirements, quality and work health and safety in performing the specified works.

 

After further evaluating the 5 shortlisted tenders against the evaluation criteria, the evaluation panel determined that ThinkSpatial and Opus International Consultant provided the strongest tenders. This was primarily based on the following:

 

·    The tenders provided by ThinkSpatial and Opus International Consultant demonstrated the highest levels of experience, environmental management, work health and safety and quality assurance systems compared to the other shortlisted tenderers.

 

·    ThinkSpatial and Opus International Consultant demonstrated substantial levels of experience in undertaking similar works for Local Government including an understanding of pit data capture requirements which is essential for the works to be undertaken. The evaluation panel viewed this as being of key importance due to the nature of the works required and these levels of experience were later confirmed by reference checks.

 

Based on these factors, ThinkSpatial and Opus International Consultant were further shortlisted for financial and reference checks.

 

Financial and Reference Checks

 

Third party financial and performance assessment checks were conducted by Corporate Scorecard Pty Ltd for ThinkSpatial and Opus International Consultant.

 

ThinkSpatial has a very strong level of working capital and positive references regarding their work.  They have completed similar works for Knox City Council, Baw Baw Shire Council and Moorabool Shire Council in Victoria.

 

Opus International Consultant is a New Zealand based company and has a sound level of working capital and positive references regarding their work.  They have completed similar works for Warringah Council and Parramatta City Council.

 

There were no adverse findings and both tenderers demonstrated satisfactory financial capacity and positive references regarding their works.

 

Conclusion

 

Based on both price and effectiveness, the Tender Evaluation panel are of the opinion that ThinkSpatial has given a competitive rate, has allocated sufficient resources, and can complete the project within the specified timeframe  and is therefore recommended as preferred contractor.

 

Financial Services Manager’s Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis of both ThinkSpatial and Opus International Consultant. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of either of these companies to perform the works described. The works provided for in this tender can be accommodated within Flood Studies funded by the Stormwater Management Service Charge.

 

 

 

 

Tender Advisory Group (TAG) comment

 

The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and the Administration Officer Policy and Communication, Stuart Benzie met to consider a tender for the Drainage Asset Inventory Data Collection. The TAG requested further information regarding the assessment and that was provided. The TAG supports the recommendation in this report.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference RFT15/16-16 For the Drainage Asset Inventory Data Collection be received

2.    ThinkSpatial be awarded the contract for the Drainage Asset Inventory data Collection and Visual Condition assessment for Peachtree Creek and Lower Surveyors Creek catchments for the sum of $133,320 x GST.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

10      Don Bosco Youth and Recreation Centre St Marys - Funding Contract                         78

 

11      Travel Assistance Policy                                                                                                  83

 

 



Ordinary Meeting                                                                                                   27 June 2016

 

 

 

10

Don Bosco Youth and Recreation Centre St Marys - Funding Contract   

 

Compiled by:               Katerina Tahija, Youth Development Officer

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Resource and implement social programs that contribute to community wellbeing

      

 

Executive Summary

This report provides information on the funding contract between Council and the Don Bosco Youth and Recreation Centre in St Marys. Council provides an annual funding contribution to the Don Bosco Youth and Recreation Centre to assist in the provision of free programs and activities for young people in St Marys and surrounding areas. This funding contribution is subject to terms as outlined in the five-year contract dated May 2010 between Council and the Don Bosco Centre.

 

This contract is now up for renewal. As on previous occasions when the five year contract is due for renewal this has provided an opportunity for Council and Don Bosco staff to review service delivery, attendance numbers and renew strategies to support activities at the Centre, particularly those free activities for which Council’s funding is utilised.

 

This collaborative review is taking longer than expected and this report outlines the reasons why renewal of the current five year contract between Council and the Don Bosco Centre be postponed for one year.  If the recommendations in the report are adopted this will not negatively impact on the Centre’s operations.

 

The report recommends that the information contained in the report on Don Bosco Youth and Recreation Centre St Marys - Funding Contract be received; Council contribute $33,200 (excluding GST) to the Don Bosco Centre for the 2015/16 financial year as per the existing funding contract between Council and the Don Bosco Centre and dated 6 May 2010; and that a further report be submitted to Council in early 2017 to endorse a new funding contract with the Don Bosco Centre covering the five year period 2016/17 to 2021/22.

Background

In 1992 Council leased land in Mamre Road, St Marys to the Salesians of Don Bosco to build a centre aimed at meeting the recreational and social needs of young people in the St Marys and Penrith area.  Conditions of the lease and deed of agreement between Council and the Don Bosco Centre, in relation to the provision of services, included that the proposed centre be accessible and affordable to the local community. The land on which the Don Bosco Centre was constructed was offered at a token rent for 75 years and Council agreed to pay any land rates for the site.

 

In addition to this Council provided a lump sum of $100,000 towards the construction of the Don Bosco Youth and Recreation Centre.

 

Also in 1992, Council agreed to make an indexed annual contribution for five years of $25,000 towards the running costs and equipment required by the Centre.  The deed of agreement also outlined that Council, following an agreed upon procedure, may increase, decrease or cease any such payments following a review.

 

In addition the Don Bosco Centre is required to submit to Council its annual report with accompanying financial statements, data on usage of the Centre and programs delivered. This enables Council to monitor performance and ensure the Don Bosco Centre is meeting its obligations under the deed. In line with the deed the Don Bosco Centre’s annual report has been reviewed as required by Council officers.

 

In 2010, Council endorsed the continuation of the financial contribution to the Centre following extensive investigation of possible alternative funding arrangements as well as a differential fee arrangement for groups using the Centre from outside the LGA. The agreement was also extensively reviewed and a new detailed contract was negotiated between the parties.  The annual recurrent financial contribution to the Don Bosco Centre of $33,200 (exclusive of GST) was adopted as the base contribution for this five year contract, 2009/10 – 2014/15 inclusive. Council endorsed signing of the new contract in May 2010.

 

In 2010 Don Bosco also expressly indicated they did not want Council’s contribution to continue to be indexed to CPI.  Thus the annual contribution of $33,200 has been the same throughout the five-year contract to 2015.

 

Since 1992, the Don Bosco Youth and Recreation Centre has been a well utilised and popular destination for the community and young people for leisure and recreational activities.

 

The high utilisation, the popularity of the Centre amongst young people and the extensive use of the Centre by schools and disability/community groups confirms that Council’s funding contribution to the Don Bosco Centre delivers a needed community service in St Marys and the broader region.

 

The current five year contract ended in 2015.  The Don Bosco Centre submitted its annual report and accompanying information to support Council’s assessment of its operations in April 2016. This again has provided an opportunity to review the contract, look at centre utilisation and recent changes in participation by young people at the Centre.

 

Council officers and Don Bosco commenced discussions in May 2016 on some matters of detail and the Don Bosco Centre has since provided further information on utilisation and changes in programing.

 

Don Bosco Centre - Current Operations and Program Delivery

 

The following sections of this report provide an overview of the current operations and program delivery at the Don Bosco Centre.

 

Current Centre users

 

The Don Bosco Centre continues to be a highly utilised and popular destination for young people to participate in recreation programs and drop-in activities. Located on Mamre Road, St Marys and part of the St Marys Corner Community and Cultural Precinct, the Don Bosco Centre is well placed to assist with the continued activation of this area.

 

The Centre provides both individual and team activities, involving families and a wide range of residents.  The philosophy of the Centre is to enrich the lives of all young people, with a focus on those most in need. The aim is to provide a range of interesting, healthy and enjoyable activities to build confidence and self-esteem.

 

Currently the sessions are as follows:

 

·    families with children under 12 years of age - Saturday morning 10.00am -11.30am

·    young people over 12 years of age – Saturday and Sunday 2.00 – 5.00pm

 

Participants and families are welcome to donate a gold coin at these sessions.

 

Sessions for families on Saturday mornings continue to be generally well attended and are attracting people from both Penrith and the Blacktown LGAs. Saturday and Sunday afternoon sessions for young people are generally well attended though numbers have declined compared to a few years ago.  Numbers vary from 60 to 200 participants.

 

Over the past year numbers have declined for the free Friday night youth sessions and this was a primary activity subsidised by the Council contribution. Friday nights are now available for bookings by private parties.

 

School and disability groups continue to utilise the centre during the week with the Centre generally at capacity.  Vacation care groups can also book to use the Centre during school holidays.  These bookings require payment of hire fees.  Generally fees for groups are reasonable.

 

Partnership activities developed though the Penrith Youth Interagency such as Youth Week Activities have also been held at the centre with no fees required.

 

Private children’s parties are very popular and are booked months in advance and require a hire fee.  These private parties are a major source of income for the Centre.

 

Community groups also hire the meeting rooms on a regular basis. While the fee paying groups/private hirers are high in numbers, the provision of free programs for families and young people also need to be a continued priority and for which Council provides its annual funding contribution.

 

Data Collection and Marketing

 

There is very little data collection on numbers of participants and attendance patterns due to limited staff time.  The Don Bosco Centre have indicated to Council officers that the declining numbers at some sessions is an observation and anecdotal.

 

Council officers have offered to work with Centre staff to develop surveys and data collection tools to better understand usage and, for example, why changes in attendance patterns are occurring. It is unclear where young people that use the Centre are coming from and why there has been a decline in attendance at some sessions.

 

The groups and private parties that utilise the Centre for their respective activities are mainly from the Penrith and Blacktown LGAs. There is also significant usage of the Centre by schools and groups from other parts of Sydney.

 

There is also opportunity to generate more promotional and marketing activities to raise awareness of the Centre’s free activities to increase attendance by young people and families, particularly from St Marys and adjoining suburbs.

 

 

 

 

Current Staffing arrangements

 

The Don Bosco Youth Centre is staffed by the Salesian brothers and sisters as their vocational duties. They are paid a stipend and are responsible for all aspects of running the Centre. The staff live in two neighbouring residential houses that are owned by Council and are also leased for a nominal rental amount by the Salesians of Don Bosco.

 

Other considerations

 

Council has recently reviewed other expenses that are incurred by the Don Bosco Centre and the adjoining two residential homes owned by Council. One issue that has been resolved is that the payment for water usage has now been transferred to the Don Bosco Centre as the lessee. The current waste services delivered to the Centre and the neighbouring houses are also the subject of discussion to ensure more of the waste from the Centre can be recycled.

 

Currently Council pays for the waste service for both the residential homes and Centre at an approximate cost of $3,500 per annum. The bins provided to the residential homes are being reviewed and an organics bin service needs to be reinstated. The transfer of the cost of the domestic waste service to the residential homes and provision of a commercial waste service under Council’s Civic Waste contract for the Don Bosco Centre is under discussion with the Don Bosco Centre Directors.

 

It is expected that once the waste matter is resolved the agreed arrangements for water and waste expenses will be reflected in a new five year contract from 2016/17.

 

The Way Forward

 

Council officers have met with the Centre Directors to discuss a range of issues and a way forward. These discussions are positive and constructive and have taken longer to finalise than expected.

 

Council’s Youth Development Officer is working with and supporting the Don Bosco Centre Directors and staff to develop opportunities and strategies for increased youth and community attendance and participation.

These include:

·    Ensure that a free range of activities and services are available to local young people

·    Increased data collection of current young people and families that use the centre

·    Consultation with current users, including groups/private parties about potential attendance at youth activities

·    Development of promotional materials including video, flyers, etc.

·    Promotion to local school, groups, clubs etc.

·    Use of media and social media

·    Involvement of young people in all activities to encourage youth leadership and peer led strategies.

 

The matter of waste collection also needs to be finalised.

 

While this work is being completed by Council’s Youth Development Officer and Don Bosco staff it is recommended that Council make the funding contribution of $33,200 for the current 2015/16 financial year. The 2015/16 funding contribution will be paid under the terms of the May 2010 contract. This will ensure continuity of service for local young people and the many community groups that use the Centre.

 

In coming months a new five year contract for the period 2016/17 to 2021/22 will be finalised and submitted to Council for endorsement.

 

Summary

Since 1992, Don Bosco Youth and Recreation Centre has been a well utilised and popular destination for the community and young people for leisure and sporting activities. Council has provided substantial support, both financial and in-kind, to assist with the operation of the Centre.

Council has been contributing $33,200 annually since 2010 to assist the Don Bosco Centre to provide free activities for young people. This contract has now expired and provides an opportunity to review the contract terms and program delivery. There has been a decline in numbers of young people attending the Centre and Council officers will work with Don Bosco staff to develop data collection tools and strategies to increase attendance rates.

The discussions between Council officers and Don Bosco Centre staff have been positive. Some items covered in these discussions will need to be included in the new five year contract to take effect from financial year 2016/17, including water and waste charges.

A further report will be submitted to Council in early 2017 seeking Council endorsement of a new five year contract between Council and the Don Bosco Centre.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Don Bosco Youth and Recreation Centre St Marys - Funding Contract be received

2.    Council contribute $33,200 (excluding GST) to the Don Bosco Centre for the 2015/16 financial year as per the existing funding contract between Council and the Don Bosco Centre and dated 6 May 2010.

3.    A further report be submitted to Council in early 2017 to endorse a new funding contract with the Don Bosco Centre covering the five year period 2016/17 to 2021/22.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   27 June 2016

 

 

 

11

Travel Assistance Policy   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Facilities Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Support sport and recreation partners and networks

      

 

Executive Summary

 

Penrith City Council’s Policy 2.2.10 provides for – ‘Donations to Amateur Sportspersons and Representatives in the fields of Art, Music, Culture – Interstate and Overseas Travel’

 

The report provides information to Council about travel assistance donations made for the period July 2015 – June 2016. It also includes competition results achieved by a number of the recipients of the travel assistance.

 

In addition, the report identifies that a recent request has been received from Glenmore Park Brumbies Junior Rugby League Football Club (JRLFC) seeking travel assistance support for the club’s Under 13/1’s team to participate in a cultural and sporting visit to Samoa. This visit will include the charitable donation of books and football boots to the villages the club will be visiting, assisting schools through working bees including planting trees, fixing and painting classrooms, and running rugby league coaching clinics for the community. There will also be the opportunity for the team to play games while they are there. Fifteen of the playing squad are from the Penrith Local Government Area (LGA).

 

Typically, travel assistance and sports donations are not awarded for such purposes requested by Glenmore Park JRLFC and funding such a visit could set a future precedent for requests from other clubs, however the Policy does state that:

 

‘Requirements for contributions, and the extent of contributions, may be varied by Council where circumstances warrant special consideration.’

 

Council’s budget for Travel Assistance Donations has $5,850 of unallocated funds in 2015-2016. The Policy outlines that $300 is available, per recipient, for overseas travel which equates to a travel assistance sum of $4,500 if the Penrith LGA representatives (in the Glenmore Park Brumbies squad) were to be awarded a contribution to their visit to Samoa.

 

The report recommends that Council receive the information regarding the Travel Assistance Policy.

Background

Penrith City Council’s donation policy 2.2.10 states that contributions will be made:

“To assist amateur sportspersons and representatives in the fields of Art, Music, Culture for the purpose of encouraging participation in international or interstate events by residents of the Penrith LGA, members of clubs based in the Penrith LGA, and students of schools and educational establishments within the Penrith LGA who are representing the country of Australia or the state of New South Wales.”

Values of donations are listed as:

 

Interstate and NZ Events:      $100.00 Queensland and Victoria

                                                $150.00 South Australia and Tasmania

                                      $200.00 Western Australia, Northern Territory and NZ.

 

Overseas Events:                   $300.00

 

Applicants are restricted to one donation per 12 month period and financial assistance is contingent on the availability of funds.

The requests that Council has received and processed, in accordance with the Policy, for the period July 2015 – June 2016 are listed below. 

 

Current Situation

 

i)        Travel Assistance Donations

 

A total of $14,150 has been committed to 87 recipients through the implementation of the travel assistance policy for the 2015/2016 financial year. $4,400 has been donated to 18 recipients travelling to New Zealand or other overseas destinations, with the other $9,750     being donated to 69 recipients attending interstate events.

 

Recipients have represented Australia or NSW in a broad range of activities, including; indoor hockey, artistic roller skating, ice skating, Special Olympics athletics, softball, street football, water polo, gridiron, netball, rugby, triathlon, futsal, athletics, open water swimming, basketball, indoor cricket, and dragon boating.

 

1) OVERSEAS DESTINATIONS ($200 NZ OR $300 for Other Overseas)

Donation $

 Recipient/Suburb

Event

Destination

Event Date

Sporting Organisation

$300.00

Rebecca Christian

World Artistic Roller Skating Championships

Colombia

Sept. 2015

Skate NSW

$300.00

Amy Fell

World Artistic Roller Skating Championships

Colombia

Sept. 2015

Skate NSW

$300.00

Esther Ambrus/ Cranebrook

World Artistic Roller Skating Championships

Colombia

Sept. 2015

Skate NSW

$300.00

Caitlin Burns/ Glenmore Park

2015 World Series Indoor Hockey Competition

South Africa

Nov. 2015

Indoor Hockey Australia

$300.00

Emily Limber/ Emu Heights

Figure Ice-Skating World Championships

Abu Dhabi

January 2016

Australian Ice Skating Association

$200.00

Sarah Blair/ Luddenham

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Glen Blair/ Luddenham

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Emma Murphy/ Cranebrook

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Dean Murphy/ Cranebrook

 2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Mitchell Greenhill/ Cranebrook

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Tenealle Bujoux/ Claremont Meadows

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Kee Cruzado/ Glenmore Park

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$200.00

Michael Bantin

2016 Trans-Tasman Oztag Series

New Zealand

April 2016

Oztag Australia

$300.00

Taylah Tsitsikronis/ Silverdale – (registered with Penrith City Softball)

2016 World Women’s Softball Championships 

Canada

July 2016

Softball Australia

$300.00

Letetia Turnbull/ Werrington County

 2016 Street Football World Festival

France

June 2016

University of New South Wales

$200.00

Angus Bolton/ Mulgoa

Pan Pacific Youth Water Polo Festival (Pan Pacs)

New Zealand

July 2016

Water Polo New South Wales

$300.00

Glen Bowes

Gridiron Junior

World Championship

China

July 2016

Gridiron Australia

$200.00

Aaron Martin/Cranebrook

Special Olympics Trans Tasman Athletics Tournament 

New Zealand

Nov. 2016

NSW Special Olympics