CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 27 JUNE 2016 AT 7:30PM

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Karen McKeown read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by Governance Officer, Adam Beggs.

PRESENT

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

 

APOLOGIES

143  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that an apology be received from Councillor Ben Goldfinch.

 


CONFIRMATION OF MINUTES - Ordinary Meeting - 23 May 2016

144  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia  Hitchen that the minutes of the Ordinary Meeting of 23 May 2016 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

SUSPENSION OF STANDING ORDERS

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

 


 

Mr Paul Lemm

 

Item 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

 

Mr Lemm, the applicant’s spokesperson, spoke in support of the proposed development application and outlined the many functions and activities that will be provided for the community. Mr Lemm then outlined the site is vacant, flat, there is appropriate road access, public transport and the shopping centre across the road. Mr Lemm then explained that the applicant is working with Endeavour Energy to ensure they are keeping within Council’s guidelines and there is ongoing compliance monitoring and security put in place for the privacy and safety of the residents. A deceleration lane will be put in to help with the traffic congestion on Dunheved Road.

 

146  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete his address, the time being 7:42pm

 

Mr Lemm concluded by expressing the positive outcome of the proposed development as it will provide employment and there is a strong relationship with the adjoining property.

 

Mr Mitchell Watts

 

Item 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

 

Mr Watts, an affected person, spoke against the proposed development application and stated his concern for the pre and post construction period and the impact this will have on his family. Mr Watts then expressed concerns about the increase in traffic congestion on Dunheved Road and John Oxley Avenue as he already finds this difficult to move in and out of his driveway. Mr Watts then outlined the noise, building works, rubbish and littering that will be created from the development of the Recreation Facility. Mr Watts expressed that there are already many shops, restaurants and recreations facilities close by around the community.

 

Mr Geoffrey Smith

 

Item 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

 

Mr Smith, an affected person, spoke against the proposed development application and expressed his concerns regarding the increased traffic congestion. Mr Smith outlined there are many recreation facilities around the community which are available that aren’t too far away. Mr Smith expressed his concern with the increase in noise, traffic and boundary issues.

 

 

 

Ms Bernadette McGrath

 

Item 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

 

Ms McGrath, an affected person, spoke against the proposed development application and expressed her concerns regarding the privacy on her property. Ms McGrath voiced her concern about the noise through construction periods in addition to causing more traffic within the street and the affect this may have on other business around the community.

 

147  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete her address, the time being 8:08pm

 

Ms McGrath concluded expressing her biggest concern was for privacy as the development backs on to her property and she is concerned by the impact that a two storey development will have on her backyard and house.

 

RESUMPTION OF STANDING ORDERS

148  RESOLVED on the MOTION of Councillor Prue Car MP seconded Councillor Greg Davies that Standing Orders be resumed, the time being 8:10pm.

 

 Mayoral Minutes

 

1        Gold Award for 2014-15 Annual Report

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.                                      

149  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Gold Award for 2014-15 Annual Report be received.

 

2        Local resident recognised in Queen’s birthday honours

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.                                      

150  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Local resident recognised in Queen’s birthday honours be received.

 

Procedural Motion

151  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Prue Car MP Item 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 and Item 2 – Reporting Places of Public Worship be brought forward to be considered first with the Notice of Motion - Places of Public Worship and Community Centres - Development Applications to be considered after Item 2.

 

 

 

 

 

Reports of Committees

 

1        Reports and Recommendations of Local Traffic Committee Meeting held on 6 June 2016                                                                                                                                     

152  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 June, 2016 be adopted.

 

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

153  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 20 June, 2016 be adopted.

 

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

154  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey 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

 

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                                                          

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

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.

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 Maurice Girotto

Councillor Prue Car MP

Councillor Kevin Crameri OAM

 

Councillor Jackie Greenow OAM

 

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 2 - We plan for our future growth

 

2        Reporting Places of Public Worship                                                                               

156  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the information contained in the report on Reporting Places of Public Worship be received.

 

Notices of Motion

 

1        Places of Public Worship and Community Centres - Development Applications     

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

 

Outcome 1 - We can work close to home

 

1        Livestock Property Identification Codes (PIC)

Councillor John Thain left the meeting, the time being 8:59pm

Councillor John Thain returned to the meeting, the time being 9:01pm

 

158  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the information contained in the report on Livestock Property Identification Codes (PIC) be received.

 

Outcome 2 - We plan for our future growth

 

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                              

159  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Mark Davies

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.

 

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 Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

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

 

 

 


 

 

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                                                                                               

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

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.

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 Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

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

 

 

 


 

 

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                                                                                                        

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

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.

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 Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

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

 

 

Procedual Motion

162  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow OAM Item 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 be deferred to be considered after the Committee of the Whole.

 

Outcome 3 - We can get around the City

 

7        Parking Agreement - Westfield Penrith                                                                          

163  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

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.

 

Outcome 4 - We have safe, vibrant places

 

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

164  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

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.

 

Outcome 5 - We care about our environment

 

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

165  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

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.

 

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

 

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

166  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

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.

 

11      Travel Assistance Policy

Councillor Jim Aitken OAM left the meeting, the time being 9:25pm

 

167  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Travel Assistance Policy be received.

2.    Council endorse a one off payment of $4500 to support Glenmore Park Brumbies Junior Rugby League Football Club to participate in a cultural and sporting visit to Samoa.

3.    Council review the Travel Assistance Policy to include sports and Arts

 

Outcome 7 - We have confidence in our Council

 

12      Classification of Land - Woodriff Street, Penrith                                                           

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

That:

1.    The information contained in the report on Classification of Land - Woodriff Street, Penrith be received.

2.    Council resolve to classify Lot 105 DP1215261 as operational land.

3.    Council resolve to classify Lot 106 DP1215261 as operational land.

 

13      Subdivision of Council Owned Land in Cranebrook                                                    

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

That:

1.    The information contained in the report on Subdivision of Council Owned Land in Cranebrook be received.

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

 

14      Classification of Land comprising Closed Weir Road, Penrith                                   

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

That:

1.    The information contained in the report on Classification of Land comprising Closed Weir Road, Penrith be received.

2.    The area of closed Weir Road comprising Lot 1 DP1214298 be classified as Operational land.

 

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

Councillor Jim Aitken OAM returned to the meeting, the time being 9:29pm

Councillor Greg Davies left the meeting, the time being 9:30pm

Councillor Greg Davies returned to the meeting, the time being 9:34pm

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

That:

1.    The information contained in the report on Adoption of Council's 2016-17 Operational Plan & Fees and Charges, and Making of the Rates and Charges for 2016-17 be received.

2.    In accordance with the Local Government Act 1993 under section 405, Council adopt the revised 2016-17 Operational Plan and Fees and Charges, including any amendments made at tonight’s meeting.

3.    Council adopt the following to make the Rates and Charges for 2016-17:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2016-17 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$959.50

0.3704630

Farmland

$959.50

0.1852315

Business

$1,156.35

0.6605900

Business subcategory – Penrith CBD

$1,156.35

0.7497200

Business subcategory – St Marys Town Centre

$1,156.35

1.0156500

b.    Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge as detailed in the report in accordance with Section 496 of the Local Government Act 1993 and the 2016-17 Operational Plan and 2016-17 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2016-17 Operational Plan and 2016-17 Fees & Charges.

e.    Interest: Council make the interest charge of 8.0% per annum for 2016-17 as allowable under Section 566(3) of the Local Government Act 1993.

f.     Pension Rebate: Council provide a voluntary rebate under Section 582 of the Local Government Act 1993 in addition to the mandatory pensioner rebate. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property, and include pro-rata calculations according to Sections 575 and 584 of the Local Government Act 1993.

g.    Service of Rate Notices: The General Manager be and is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council

Councillors Marcus Cornish, Kevin Crameri OAM, Maurice Girotto requested that their names be recorded as having voted against the motion.

 

16      Borrowing Program 2015-16                                                                                            

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

That:

1.    The information contained in the report on Borrowing Program 2015-16 be received.

2.    Council be advised that NSW TCorp was the successful lender for the 2015-2016 Borrowing Program.

 

17      Outcome of Land and Environment Court Appeal
Development Application DA13/0311 for Residential Apartments & Townhouses at 119 Glengarry Drive, Glenmore Park                                                                              

173  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that the information contained in the report on Outcome of Land and Environment Court Appeal Development Application DA13/0311 for Residential Apartments & Townhouses at 119 Glengarry Drive, Glenmore Park  be received.

 

Councillor Mark Davies left the meeting, the time being 9:42pm

Councillor Jackie Greenow OAM left the meeting, the time being 9:43pm

Councillor Mark Davies returned to the meeting, the time being 9:44pm

 

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

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

That:

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

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

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

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:45pm

 

RR 1           Screening of 'Broke' - Hoyts Penrith   

Councillor Greg Davies advised Council of ‘Broke’ which will be screening at Hoyts Penrith on 20 July 2016. Councillors may wish to support our own and book some tickets as Hoyts needs bookings to screen the movie.

 

RR 2           Penrith Business Alliance 

Councillor John Thain requested a memo reply to all Councillors in regard to the PBA, providing information on Council funding which was requested to be returned to Council, as it has been used for the new PBA and has Penrith rate payer money funded the greater area of Western Sydney.

 

RR 3           Dunheved Road    

Councillor John Thain requested a report to Council regarding the upgrade of Dunheved Road from Northern Road to Forrester Road as an arterial road and changing it from a Council to a State road.

 

RR 4           Lack of Access at Pre-poll location     

Councillor Michelle Tormey requested a memo reply to Council regarding the lack of access to the pre-polling location for the Federal Election including an update on injuries sustained recently, in addition to steps Council is taking to rectify the building ongoing.

 

 

 

 

RR 5           Queen St Upgrade       

Councillor Jackie Greenow OAM requested that a matter be referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 6           Western Sydney Airport   

Councillor Maurice Girotto requested a report to Council which was previously requested in regards to the proposed Western Sydney airport and its 24 hour operation in view of the Blacktown and Blue Mountains stance.

 

RR 7           Phone Booth Replacement        

Councillor Kevin Crameri OAM requested a report to Council regarding a request for Council to help repair a phone booth at Llandilo after a car accident. Councillor Kevin Crameri OAM asked that it be a pink top i.e. Wi-Fi.

 

RR 8           Council Personnel and Council Procedures

Councillor Kevin Crameri OAM requested a matter be referred to Committee of the Whole 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 9           Stony Creek Road Crossing     

Councillor Kevin Crameri OAM requested a report to Council providing a costing to raise Stony Creek Road Crossing by using square shaped culverts.

 

RR 10         Local Government Media Release   

Councillor Kevin Crameri OAM requested a memo to all Councillors regarding the Local Government Media Release on 21 June on the budget, there was 45 Million for Country Towns water supply and sewerage program. Could the Llandilo residents benefit from this.

 

RR 11         SITA Operators   

Councillor Mark Davies requested a report to Council regarding SITA and their operations, in particular the proposed covered containment of putrescible waste and the ongoing odour problems.

 

RR 12         Werrington Arterial 

Councillor Bernard Bratusa requested an urgent Councillor Briefing regarding Werrington Arterial in relation to the Orchard Hills/Werrington/Caddens/Claremont Meadows road networks and how the opening of the Western Arterial is going to impact on the feeder roads and what Council is proposing to do to enforce the safety of the community.

 

RR 13         Changing the LEP and DCP 

Councillor Marcus Cornish requested a report to a Councillor Briefing regarding changing the LEP and DCP so that all free standing dwellings and duplexes must allow enough room between them and behind to plant trees to help cool Penrith and provide a greener Penrith.

 

RR 14         Audit of all Tac Tile Markings in Penrith CBD       

Councillor Marcus Cornish requested a report to Council regarding an audit of all tactile markings (for the visually impaired) in the CBD, where there is no continuity needs to be rectified. Also pram ramps and their positioning, width and angles as it is currently dangerous and difficult for the visually impaired.

 

RR 15         Waste Facility - Blacktown Council        

Councillor Greg Davies requested a report back to Council regarding the Waste Facility proposal within Blacktown Council and the impact this will have on Penrith LGA.

 

 

Committee of the Whole

 

175  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:11pm.

 

Councillor Marcus Cornish left the meeting, the time being 10:11pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 10:13pm.

 

1        Presence of the Public

 

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

 

 

Outcome 2

 

2        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                                                                                                                                             

 

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 7

 

3        Council Property - Lease of Shop 7 at Allen Arcade, 140-142 Henry Street Penrith to Australian Hearing Services                                                                                            

 

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

 

 

 

 

4        Queen St Upgrade     

 

Councillor Jackie Greenow OAM requested that a matter be referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

5        Notification of long serving staff leaving Council

 

Councillor Kevin Crameri OAM requested a matter be referred to Committee of the Whole 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 10:23pm pm and the General Manager reported that the Committee of the Whole met at 10:11pm on 27 June 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, Prue Car MP, Kevin Crameri OAM, Marcus Cornish, Greg Davies,  Mark Davies, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.

 

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

 

CONFIDENTIAL BUSINESS

 

2        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                                                                                                                              

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

CW2 That the information contained in the report on 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 be received.

 

3        Council Property - Lease of Shop 7 at Allen Arcade, 140-142 Henry Street Penrith to Australian Hearing Services                                                                                            

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

CW3 That:

1.    The information contained in the report on Council Property - Lease of Shop 7 at Allen Arcade, 140-142 Henry Street Penrith to Australian Hearing Services be received

2.    Council grant a new 2 year lease to Australian Hearing as per the terms and conditions as outlined above

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

 

4       Queen St Upgrade                                                                                                             

RECOMMENDED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey

 

CW4 That the information in the verbal report on Queen St Programme be received.

 

5        Notification of long serving staff leaving Council

 

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

CW5 That the information in the verbal report on Notification of long serving staff leaving Council be received.

 

ADOPTION OF Committee of the Whole

 

176 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

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                                                                                                                              

 

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

That:

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

2.   DA15/1490 for the Demolition of existing Structures and Construction of 11 x Two Storey Townhouses be approved subject to a deferred commencement consent and the following conditions.

                      2.1     Schedule 1 – Deferred Commencement Condition

                            Proof of a legally enforceable agreement to provide an easement to drain                              water over a downstream property to benefit the subject site, lots 5 & 6 in                                 DP31575, 107-109 Jamison Road, Penrith shall be submitted to Council.

                      2.2     Standard Conditions

                      A001 - Approved plans

                      A008 - Works to BCA requirements

                      A014 - Lot Consolidation

                      A019 - Occupation Certificate

                      A046 - Construction Certificate

                      A038 - Lighting System

                      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

                      D007 - Cut and fill limited to footprint

                      D009 - Covering of waste storage area

                      D010 - Appropriate disposal of excavated or other waste

                      D013 - Approved noise level

                      E01A - BCA compliance

                      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

                      K202 - Roads Act works and structures

                      K206 - Engineering Construction Certificate

                      K210 - Stormwater Management

                      K223 - Access, car parking and manoeuvring

                      K405 - Turf to verge

                      K501 - Penrith City Council clearance for Roads Act works

                      K503 - Works as executed

                      K504 - Stormwater compliance

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

                      L001 - Landscape approved plans

                      L002 - Landscape construction

                      L003 - Landscape report requirements

                      L005 - Planting of plant material

                      L006 - Landscape AS requirements

                       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

                      Special Conditions

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

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

                      2.5     The recommendations of the Access Design Verification Statement                            dated 8 December 2015 prepared by Bio-Building Design shall be                                   implemented for the development and shown in the Construction                                  Certificate documentation.

                      2.6     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.

                      2.7     Prior to the issue of any Occupation Certificate, proof of registration                           of the easement referred to in deferred commencement condition 1,                                schedule A, of these conditions be provided to the Principal                                         Certifying Authority and Penrith City Council.

3.      That the person who made a submission on the proposed development be notified of Council’s determination.

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 Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

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

 

 

 There being no further business the Chairperson declared the meeting closed the time being 10:27pm.

 

 

I certify that these 34 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 June 2016.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date