20 July 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 25 July 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
Leave of absence has been requested by:
Councillor Tricia Hitchen - 21 July 2016 to 29 July 2016 inclusive.
2. APOLOGIES
3. CONFIRMATION OF MINUTES
Ordinary Meeting - 27 June 2016.
4. DECLARATIONS OF INTEREST
Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)
Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)
5. ADDRESSING COUNCIL
6. MAYORAL MINUTES
7. NOTICES OF MOTION TO RESCIND A RESOLUTION
8. NOTICES OF MOTION AND QUESTIONS ON NOTICE
9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES
Access Committee Meeting - 8 June 2016.
Local Traffic Committee Meeting - 4 July 2016.
Policy Review Committee Meeting - 6 June 2016.
Policy Review Committee Meeting - 11 July 2016.
10. DELIVERY PROGRAM REPORTS
11. REQUESTS FOR REPORTS AND MEMORANDUMS
12. URGENT BUSINESS
13. COMMITTEE OF THE WHOLE
Monday 25 July 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
Clr 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
South
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
East Ward
Executive
Managers
2016 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 |
|
15 |
|
|
|
|
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.
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 |
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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: (i)
Gates
to the car park area must be securely locked outside of operational
hours. Landscaping (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
(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
(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 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. 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:
|
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
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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 |
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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:
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:
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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 |
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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:
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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 |
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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:
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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
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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 |
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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:
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 |
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
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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
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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:
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There being no further business the Chairperson declared the meeting closed the time being 10:27pm.
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
2 National Quality Standards - Outstanding Ratings for Council's Children's Services 2
Ordinary Meeting 25 July 2016
Youth Mayor Program 2016
Strategy: Provide opportunities for our community to participate in making decisions about the City's future
The 2016 Youth Mayor Competition was run earlier this year, and the winners were announced at a celebration afternoon tea on Monday 27 June 2016.
At that afternoon tea, Billie Kuczynski of Cranebrook High School was elected as the Youth Mayor. Alannah Hader of Caroline Chisholm College was elected as one Deputy Mayor and Niamh O’Keefe of Emmaus Catholic College the other.
This year for the first time, the program has targeted Junior High School students in Years 7-9 and shortly the Youth Mayor and each Deputy will be speaking to Council about the role of leadership in the community.
This year the format for this annual competition changed from electing a full Junior Council to selecting a Youth Mayor and two Deputy Mayors. The new format will provide these youth leaders with the opportunity to participate in more Council events and activities over the course of their tenure. This will give them a greater understanding of how Council and local democracy works which has always been the main objective of this program.
I would like to take this opportunity to once again congratulate our three winners, who are in the Chambers this evening, on this well-deserved honour and thank them for their interest in this competition and in their local Council.
Councillor Karen McKeown
Mayor
That the Mayoral Minute on Youth Mayor Program 2016 be received.
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Ordinary Meeting 25 July 2016
National Quality Standards - Outstanding Ratings for Council's Children's Services
Strategy: Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities
Council’s Children’s Services are achieving great results in the national assessment and rating system.
The National Quality Standard sets a new benchmark for the quality of education and care services in Australia. It also gives services and families a better understanding of a quality service and enables families to make informed decisions about the services providing education and care to their child. Centres are rated on things like educational program and practice, children’s health and safety and leadership and service management. Each service has an assessment and rating conducted and their practice is assessed in detail against seven quality areas.
The National Quality Standard means for the first time detailed data about the quality practices of early childhood education and care services throughout the country is available. We have taken the opportunity to assess our services against other early childhood providers.
All of Council’s services have now been through the process including long day care, preschool, occasional care and out of school hours services. I am delighted to say that one hundred percent of our services have been rated as meeting or exceeding the Standard. This is in comparison to the result nationally with only 69 percent and in New South Wales, 61 percent rated as meeting or exceeding. Even better, of the 26 Council services going through the process, 69 percent have been rated as exceeding.
These ratings are a huge achievement and our educators in the centres and the children’s services leadership team are to be congratulated on these outstanding results.
The Board that manages children’s services on Council’s behalf has also played an important role in these results ensuring that our centres have the resources they need to do a great job.
I would like to take this opportunity to once again congratulate Council’s children’s services on their ratings. Our centre supervisors and leadership team are in the Chamber tonight.
There is no doubt that the outstanding ratings achieved means that the very youngest in our community are in good hands.
Councillor Karen McKeown
Mayor
That the Mayoral Minute on National Quality Standards - Outstanding Ratings for Council's Children's Services be received. |
Reports of Committees
Item Page
1 Report and Recommendations of the Access Committee Meeting held on 8 June 2016 1
2 Report and Recommendations of the Local Traffic Committee Meeting held on 4 July 2016 6
3 Report and Recommendations of the Policy Review Committee Meeting held on 6 June 2016 17
4 Report and Recommendations of the Policy Review Committee Meeting held on 11 July 2016 19
Ordinary Meeting 25 July 2016
REPORT AND
RECOMMENDATIONS OF THE
Access Committee MEETING
HELD ON 8 June, 2016
PRESENT
Councillor Jackie Greenow OAM (Chair), Councillor Marcus Cornish, David Currie, Carole Grayson, Denise Heath, Councillor Tricia Hitchen, Emma Husar, Farah Madon.
IN ATTENDANCE
Hans Meijer – City Works Manager, Joe Ibbitson – Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Erich Weller – Community and Cultural Development Manager, Michael Jackson – Design and Projects Manager, Elizabeth Roxburgh – Landscape Architect, Craig Squires – Acting Coordinator Certification and Fire Safety, Kathryn Saunders – Senior Environmental Planner.
GUEST
James Grant – JMD Design.
APOLOGIES |
Apologies were accepted from Graham Howe, Councillor Michelle Tormey, Claire Galvin, and Councillor Prue Car. |
CONFIRMATION OF MINUTES - Access Committee Meeting - 13 April 2016 |
The minutes of the Access Committee Meeting of 13 April 2016 were confirmed. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
Outcome 4 - We have safe, vibrant places
2 Triangle Park Design |
Michael Jackson introduced James Grant, a consultant from JMD Design who has been engaged to design the Triangle Park. The permanent installation of the “pop up park” has been endorsed by Council and was presented to a Councillor Briefing on 30 May 2016.
James Grant gave a presentation on the key elements of the design of the Triangle Park focussing on access.
Issues discussed by the Committee included:
· The type of trees to be provided. · Consideration of more open space in the centre of the area. · Specific signage to lead people into the area. · Accessible parking. · Issue of danger for visually impaired people using a shared zone. · Accessible seating with backrests and armrests. · Leaves from deciduous trees causing the ground to become slippery. · Consideration be given to how hot the area can be. · Different textures of the paving. · An access ramp to the stage. · Wheelchair access around the back into the carpark.
Discussion was held around a report on the Triangle Park coming back to the Access Committee as further information is required.
Councillor Greenow thanked James Grant for the presentation.
RECOMMENED That: 1. The information
contained in the report on Triangle Park Design be received. 2. A further report regarding the Triangle Park be brought to the Access Committee. |
Michael Jackson, Elizabeth Roxburgh and James Grant left the meeting at 5.36pm.
Outcome 2 - We plan for our future growth
1 Development Applications Referred to the Access Committee DA16/0357 Quest Serviced Apartments at 15 Engineers Way, Penrith |
Kathryn Saunders presented the development application for the construction of serviced apartments to be operated by Quest at 15 Engineers Way, Penrith.
The proposed construction to be located in Thornton Estate consists of an eight storey serviced apartment building with dual key apartments. The development would also include a lobby, café, conference room, break out area, and parking for 23 cars including two accessible spaces on the ground floor. A further 13 carpark spaces will be provided on the first floor.
Accessible apartments are available on each level of the apartment building. Six dual key apartments are accessible.
Issues discussed by the Committee included:
· Concern regarding the small number of parking spaces. · Drop off points. · Accessible toilets on the ground floor – one should be left-hand transfer and one right-hand transfer. · The difficult access to the second accessible toilet. · Request for a lower counter section in the café and entry. · Query regarding the second bedroom being accessible in a dual unit – both bedrooms in a family unit should be accessible. · Common area space in the facility. · Use of joint balconies with a dual key unit. · Green space area for assistance animals. · Adult change table. · Baby change tables not to be placed in the accessible toilet.
Concern was expressed regarding a number of problems with this development application and it was agreed to request it be addressed by a full Council. It was also considered that a further report should come back to the Access Committee.
RECOMMENED That: 1. The information
contained in the report on Development Applications Referred to the Access
Committee be received. 2. The development application for Quest Serviced Apartments be brought to a Policy Review Committee meeting or Councillor Briefing. |
Outcome 6 - We're healthy and share strong community spirit
3 Access Committee - Highlights 2012-16 |
Joe Ibbitson spoke to the report on the highlights and achievements of the Access Committee from 2012 to 2016. As it is coming to the end of the term it presents a great opportunity to look back and reflect on the last four year Penrith Inclusion Plan. The report also provides information and a timetable on the expression of interest process to appoint community members to the Access Committee for the next two year term.
Kathryn Saunders left the meeting at 6.05pm.
Joe Ibbitson highlighted some of the successes achieved during the past four years. These included:
· The No Boundaries project receiving the Excellence in Social Participation award at the 2013 National Disability Awards. · Penrith Inclusion Plan – People with Disability 2009-2013. · Disability Access Improvement Program – increased allocation to $35,000. · The No Boundaries Art Group project. · Submission and policy development work. · International Day for People with Disability, Nepean Disability Expo. · All Abilities Playgrounds at Thornton and the Jordan Springs Touched by Olivia playground. · Input to development applications for major developments in the City including Panthers community and sports centre. · Presentations at conferences. · Web accessibility.
Access Committee members also highlighted the following:
· Penrith Council Access Committee has been a model for other Councils. · Penrith was one of the first Councils to have an adult change room in a public space. · Council has recognised and supported access upgrades to footpaths through the budget process. · The culture within Council and with certifiers has changed, with access being considered routinely now. · The quality of the community members on the Access Committee was acknowledged.
Joe Ibbitson advised that he is working on the expression of interest and recruitment process to appoint community members to the new two year term (2016-2018) of the Access Committee.
Access Committee members will present to the Policy Review Committee of 8 August 2016 on achievements of the Committee. An invitation will be sent out to members to attend the Policy Review Committee meeting and supper before the meeting. Certificates will be presented to current Access Committee members on the night.
Joe Ibbitson advised that it was Robyn Brooke’s last attendance at an Access Committee meeting as she is leaving Council at the end of June. Some of the projects which Robyn Brookes had worked on were highlighted, especially the No Boundaries project, the All Welcome project and International Day for People with Disability. Robyn Brookes was thanked for all her hard work.
RECOMMENED That:
1. The information
contained in the report on Access Committee - Highlights 2012-16 be received. 2. Community members be thanked for their contribution to the Access Committee’s achievements during the 2012-16 term and be invited to make a presentation to Council. |
4 Nepean No Boundaries Art Group |
Robyn Brookes spoke to the Nepean No Boundaries Art Group report and explained the history of the project.
The Nepean No Boundaries Art Group consists of 12 committed artists who have grown with the support of professional tutors. It is considered that the story of the group is worth documenting and sharing with others. Council is currently supporting a small project to explore the sustainability of the group, including the possibility of establishing the group as a social enterprise and the development of a DVD that records the history of the group and the stories of the individual artists. It is expected that the DVD will demonstrate the benefits of the group and the arts and cultural opportunities for people with disability.
Discussion was held regarding how the NDIS fits with arts and music groups.
RECOMMENED That:
1. The
information contained in the report on Nepean No Boundaries Art Group be
received. 2. Robyn Brookes be thanked for the report and her contribution to the Nepean No Boundaries Art Group. |
GENERAL BUSINESS
GB 1 Proud of the Access Committee |
Councillor Marcus Cornish commented on how the Access Committee has grown and all members are on the same track. He said it is a model to be very proud of. |
GB 2 Draft Wayfinding Standard |
Farah Madon advised that the scope of the Draft Wayfinding Standard AS1428.4.2 has now been reduced to just signage. An accompanying handbook will be made available for details in terms of recommended way finding techniques. |
GB 3 Thank you |
Robyn Brookes said farewell and thank you to Access Committee members for her time on the Committee. She said she enjoyed working with the Committee. |
GB 4 Letter from National Disability Insurance Scheme (NDIS) |
Joe Ibbitson tabled a letter from the National Disability Insurance Agency expressing appreciation of the work Council officers put into facilitating their Community Information sessions. Two more sessions were held on 7 June 2016 at Council. |
GB 5 Penrith Commuter Car Park |
Joe Ibbitson advised that the planning proposal for the expanded Penrith Commuter Carpark is on public exhibition from 7 June 2016. |
GB 6 Policy Review Committee meeting - 8 August 2016 |
Councillor Jackie Greenow invited Access Committee members to the Policy Review Committee meeting on 8 August 2016. |
There being no further business the Chairperson declared the meeting closed the time being 6.40pm.
That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 June, 2016 be adopted.
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Ordinary Meeting 25 July 2016
REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee
MEETING
HELD ON 4 July, 2016
PRESENT
Her Worship the Mayor, Councillor Karen McKeown (Representative for the Member for Londonderry), Councillor Marcus Cornish, Councillor Tricia Hitchen (Representative for the Member for Penrith), James Suprain – Roads and Maritime Services, Steve Grady – Busways, Mark Elliott – St Marys 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 |
Daniel Davidson - Senior Traffic Engineer, Matthew Shirvington – Penrith Police LAC. |
CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 June 2016 |
That the minutes of the Local Traffic Committee Meeting of 6 June 2016 be confirmed. |
DECLARATIONS OF INTEREST
NIL.
DELIVERY PROGRAM REPORTS
Her Worship the Mayor, Councillor Karen McKeown (Representative for the Member for Londonderry) arrived at the meeting, the time being 9:08am.
Outcome 3 - We can get around the City
1 Dewdney Road and Nepean Street, Emu Plains - Endorsement of Design Plan |
LTC Comment: The Committee discussed the recommendations of the Report. Councillor Marcus Cornish voted against the recommendations. Procedural Note: It is noted that the recommendations for the Local Traffic Committee for the subject item, are submitted to the Council with majority support; 3 in favour and 1 against. RECOMMENDED That: 1. The information contained in the report on Dewdney Road and Nepean Street, Emu Plains - Endorsement of Design Plan be received. 2. Consultation with affected residents be undertaken. 3. Subject to no substantial objections, Design Plan AD 132 (dated June 2016) be endorsed for construction, with funding provided from the 2016/17 Nation Building Black Spot Program. 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. 5. Further investigations be conducted for the provision of parking at Hunter Field soccer fields located adjacent to Nepean Street and be put to the Parks Department for consideration as requested by Councillor Marcus Cornish. |
2 Lethbridge Street, Penrith - Proposed Changes to 'Bus Zone' Times of Operation |
RECOMMENDED That: 1. The information contained in the report on Lethbridge Street, Penrith - Proposed Changes to 'Bus Zone' Times of Operation be received. 2. The Bus Zone on Lethbridge Street, Penrith, east of O’Farrell Lane, of 31 metres length, be changed from “Bus Zone 8.00am-4.00pm School Days” to “Bus Zone 8.00am-4.00pm Mon - Fri”, as shown in Appendix 2. 3. The Bus zone immediately to the east of the Bus Zone in item 2 above, of 19 metres in length, be changed to standard school zone times to be “Bus Zone 8.00am – 9.30am 2.30pm – 4.00pm School Days”, as shown in Appendix 2. 4. Busways, the Blue Mountains Bus Company, the Principal of St Nicholas of Myra Primary School and the resident be informed. 5. The Principal of St Nicholas of Myra Primary School be informed that Blue Mountains Bus Company does have a bus route available for students living in Emu Heights, Leonay and Ladbury Avenue, Penrith. |
3 Radar Speed Message Trailer - April to June 2016 Locations |
Mark Elliot of St Marys LAC asked the Committee of the accuracy of the radar message trailers. Council Officers confirmed that they are quite reasonably accurate. Councillor Cornish requested the Committee place Dunheved Road as a location for the Radar Speed Message Trailer. David Drozd advised the Committee that any additional locations that members are wanting to be listed to have a radar speed message trailer, to contact either Catherine Waerner or himself. RECOMMENDED That: 1. The information contained in the report on Radar Speed Message Trailer - April to June 2016 Locations be received. 2. The locations of the Radar Speed Message Trailer for the April to June 2016 quarter be noted. |
4 DEFQON.1 Music Festival - Sydney International Rowing Centre on Saturday, 17 September, 2016 |
RECOMMENDED That: 1. The information contained in the report on DEFQON.1 Music Festival - Sydney International Rowing Centre on Saturday, 17 September, 2016 be received. 2. The Traffic Management Plan for the DEFQN.1 Music Festival to be held on Saturday, 17 September, 2016 be endorsed, subject to the following conditions: (a) The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services’ “Guide to Traffic and Transport Management for Special Events” and that all conditions and requirements specified in the Guide must be complied with prior to the event. (b) Separate approval is to be obtained from Transport for NSW (TfNSW) for the temporary partial closure of the commuter car park, north of Penrith Railway Station. (c) Separate approval is to be obtained from Roads and Maritime Services (RMS) for the proposed speed limited reduction on Old Castlereagh Road, Penrith. (d) Separate approval is to be obtained from Roads and Maritime Services (RMS) for the proposed temporary “Bus Zones” and any contingency State Road closures and restrictions, as listed in the Traffic Management Plan. (e) Approval be given for the temporary contingency local road closures and parking restrictions, as listed in the Traffic Management Plan, specifically · Old Castlereagh Road at Leland Street from 8.30am to 12.00am; · Leland St at Old Castlereagh Road from 8.30pm to 12:00am; · McCarthy’s Lane at Castlereagh Road from 8.30pm to 12.00am; · Contingency: closure of Mullins Road between 10.00am and 2.00pm. · Temporary “No Stopping” zones in Combewood Avenue and Thornton Drive between 6.00am to 12 midnight (f) 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. (g) 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. (h) 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 Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification. (i) 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. (j) The event applicant advertise the traffic arrangements in local newspapers a minimum of two weeks prior to the event and provide Variable Message Signs (VMS) 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. (k) The event applicant deliver 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. (l) The event organiser notify the Ambulance Service of NSW and fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event. (m) The event applicant notify 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. (n) 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. Temporary mini-loop bus service stops on State roads shall be approved by the Roads and Maritime Services. In addition, lighting at these bus stops must be for pedestrian purposes and not affect drivers’ vision on adjacent public roads. All proposed bus stops shall allow for people with disabilities. (o) 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. (p) The event applicant shall advise participants to obey road rules and Police directions during the event. 3. The event organisers be advised of Council’s resolution. 4. Feedback from Bus operators be referred back to the Local Traffic Committee at its next meeting in regards to the overall operation of the music festival with relation to bus movements.
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5 Templar Road, Erskine Park - Proposed 'No Stopping' Restrictions |
RECOMMENDED That: 1. The information contained in the report on Templar Road, Erskine Park - Proposed 'No Stopping' Restrictions be received. 2. ‘No Stopping’ restrictions be installed on Templar Road, Erskine Park, as shown on Appendix 1. 3. The business who reported the matter and the businesses adjacent to the proposed restrictions be notified of Council’s resolution. 4. Council’s Rangers Department be notified when signage has been installed in order to enforce signage. |
6 York Road and Kiparra Street, South Penrith - Proposed Intersection STOP Treatment and Line Marking |
RECOMMENDED That: 1. The information contained in the report on York Road and Kiparra Street, South Penrith - Proposed Intersection STOP Treatment and Line Marking be received. 2. STOP signage and line marking, and double barrier line marking be provided at the intersection of York Road and Kiparra Street, South Penrith, as shown in Appendix 1. 3. The residents adjacent to the proposed changes be advised of Council’s resolution. |
7 Brooker Street and Day Street, Colyton - Proposed Intersection STOP Treatment and Line Marking |
RECOMMENDED That: 1. The information contained in the report on Brooker Street and Day Street, Colyton - Proposed Intersection STOP Treatment and Line Marking be received. 2. STOP signage and line marking, and double barrier line marking be provided at the intersection of Brooker Street and Day Street, Colyton, as shown in Appendix 1. 3. The residents adjacent to the proposed changes and Council’s Neighbourhood team (Heather Chaffey) be advised of Council’s resolution. |
8 Carrington Road and Milford Road, Londonderry - Proposed Intersection STOP Treatment and Line Marking |
RECOMMENDED That: 1. The information contained in the report on Carrington Road and Milford Road, Londonderry - Proposed Intersection STOP Treatment and Line Marking be received. 2. STOP signage and line marking, advanced warning signage and double barrier line marking be provided at the intersection of Carrington Road and Milford Road, Londonderry, as shown in Appendix 1. 3. The residents adjacent to the proposed changes be advised of Council’s resolution. |
9 St Marys Spring Festival and Street Parade - Saturday 3 September, 2016 - Additional Road Closures |
RECOMMENDED That: 1. The information contained in the report on St Marys Spring Festival and Street Parade - Saturday 3 September, 2016 - Additional Road Closures be received. 2. The amendments to the Traffic Management Plan be approved for St Marys Spring Festival and Street Parade on Saturday, 3 September, 2016 subject to the conditions as recommended by Local Traffic Committee on 6 June, 2016. 3. The applicant be advised of Council’s resolution. |
10 Santley Crescent, Kingswood - Proposed Removal of 'Taxi Zone' Signage |
RECOMMENDED That: 1. The information contained in the report on Santley Crescent, Kingswood - Proposed Removal of 'Taxi Zone' Signage be received. 2. Consultation be undertaken with NSW Taxi Council, local Taxi Companies and Kingswood Sports Club regarding the removal of ‘Taxi Zone’ signage on Santley Crescent, Kingswood. 3. Subject to no substantial objections, the existing ‘Taxi Zone’ signage be removed, as shown on Appendix 1. 4. The resident who raised the matter be advised of Council’s resolution. |
11 Cliffbrook Crescent and Leonay Parade, Leonay - Proposed Intersection STOP Treatment |
RECOMMENDED That: 1. The information contained in the report on Cliffbrook Crescent and Leonay Parade, Leonay - Proposed Intersection STOP Treatment be received. 2. STOP signage and line marking be provided at the intersection of Cliffbrook Crescent and Leonay Parade, Leonay, as shown in Appendix 1. 3. The residents adjacent to the proposed changes be advised of Council’s resolution. Her Worship the Mayor, Councillor Karen McKeown (Representative for the Member for Londonderry) left the meeting, the time being 9:55am. |
12 Hunter Street and River Road, Emu Plains - Proposed 'No Stopping' Restrictions and Line Marking |
RECOMMENDED That: 1. The information contained in the report on Hunter Street and River Road, Emu Plains - Proposed 'No Stopping' Restrictions and Line Marking be received. 2. Consultation be undertaken with directly affected residents regarding the proposed ‘No Stopping’ restrictions on both Hunter Street and River Road, Emu Plains. 3. Subject to no substantial objections, 23m of the existing double barrier line marking be removed and ‘No Stopping’ restrictions be installed, as shown on Appendix 1. 4. The resident who reported the matter be advised of Council’s resolution. |
13 Cadda Ridge Drive, Caddens - Proposed "Bus Zone" at "Bus Stop" |
Sergeant Mark Elliot of St Marys LAC advised the Committee that he strongly opposes the one car parking space out the front of No 4 Cadda Ridge Drive, Caddens due to the proximity and sight distances associated with the existing pram ramp. RECOMMENDED That: 1. This report be deferred and Council Officers be requested to investigate alternatives and report back to the next Local Traffic Committee Meeting. |
14 Town Terrace, Glenmore Park - Temporary Partial Road Closure for Stage 2 Construction of Glenmore Park Town Centre |
RECOMMENDED That: 1. The information contained in the report on Town Terrace, Glenmore Park - Temporary Partial Road Closure for Stage 2 Construction of Glenmore Park Town Centre be received. 2. The northern end of Town Terrace, from the roundabout with Glenmore Parkway to the northern side boundary of the Glenmore Park Youth and Community Centre, be temporarily closed to public access for a length of approximately 115m, throughout the duration of excavation and construction works (approximately 17 months). 3. Council undertake community notification for a period of two weeks in the local newspaper, and any costs associated with the notification shall be borne by the applicant. 4. The
applicant submit supporting documentation to Council for the proposed road
closure for approval, including but not limited to an amended Traffic
Management Plan, Traffic Control Plan, and turning path diagrams showing how
construction vehicles will enter and exit the site to and from the public
road. 5. Any works in the Council road reserve associated with the temporary road closure of Town Terrace form part of the current Roads Act Application submitted to Council for future approval (Application No. CCX16/0012). All works shall be undertaken in accordance with the Roads Act Approval issued by Council and at no cost to Council. 6. All major stakeholders be advised of Council’s resolution. 7. Emergency services be advised of Council’s resolution. 8. The Roads and Maritime Services be advised of Council’s resolution. 9. Village Fair and Quasar Group be advised of Council’s resolution. |
15 Derby Street, Kingswood - Provision of "No Stopping" Zone and Adjustment of Marked Parking Spaces |
RECOMMENDED That: 1. The information contained in the report on Derby Street, Kingswood - Provision of "No Stopping" Zone and Adjustment of Marked Parking Spaces be received. 2. A “No Stopping” zone, adjustment of the line marking parking spaces and adjustment of the “4 Hour Parking” signage be provided fronting 48 – 56 Derby Street, Kingswood, as shown on Appendix 1. 3. All signage and line marking costs be borne by the applicant. 4. The applicant be advised of Council’s resolution. |
16 Woodriff Street, Penrith - Proposed 4P Parking at Penrith Bowling Club Councillor Tricia Hitchen (Representative for the Member for Penrith) requested this matter be deferred to allow further consideration of the matter. |
RECOMMENDED That this report be deferred and reported back to the next Local Traffic Committee Meeting. |
17 Glenmore Parkway Improvement Works - National Blackspot Program 2016-17 |
RECOMMENDED That: 1. The information contained in the report on Glenmore Parkway Improvement Works - National Blackspot Program 2016-17 be received. 2. Consultation be undertaken with Council’s Parks and Gardens section regarding the hazardous tree proposed to be removed. 3. Subject to successful consultation, Design Plans at Appendix 1 (dated 22/06/2016) for improvements for the length of Glenmore Parkway, Glenmore Park near Alison Drive be endorsed for construction, with funding provided from the 2016/17 Nation Building Black Spot Program. |
18 Victoria Street and Sandringham Avenue, Cambridge Park - Endorsement of Design Plan |
RECOMMENDED That: 1. The information contained in the report on Victoria Street and Sandringham Avenue, Cambridge Park - Endorsement of Design Plan be received. 2. Consultation with affected residents be undertaken. 3. Subject to no substantial objections, Design Plan AS 237 (dated June 2016) be endorsed for construction, with funding provided from the 2016/17 Nation Building Black Spot Program. 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. |
19 Victoria Street and Gibson Avenue, Werrington - Endorsement of Design Plan |
RECOMMENDED That: 1. The information contained in the report on Victoria Street and Gibson Avenue, Werrington - Endorsement of Design Plan be received. 2. Consultation with affected residents be undertaken. 3. Subject to no substantial objections, Design Plan AG 148 (dated June 2016) be endorsed for construction, with funding provided from the 2016/17 Nation Building Black Spot Program. 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. 5. Council further consider amendments to Design Plan AG 148 with regards to shortening the existing bus zone on the north-eastern side of Victoria Street, Werrington in order to provide additional parking for residents. |
REQUESTS FOR REPORTS AND MEMORANDUMS
NIL
GENERAL BUSINESS
GB 1 Pullman Place and Russell Street, Emu Plains - 'No Stopping' Signs |
Councillor Tricia Hitchen conveyed thanks to the Committee on behalf of a local resident of Gosling Street, Emu Plains for installing ‘No Stopping’ signs on the corner of the intersection of Pullman Place and Russell Street, Emu Plains. Councillor Hitchen also advised the Committee that the resident has requested that the existing ‘No Stopping’ signs be extended further along Russell Street to improve sight lines for drivers in Pullman Place turning into Russell Street. The Committee was advised that Council had received similar representations and that correspondence (dated 23 June 2016) has been provided to the same resident in response. In summary, the increase in ‘No Stopping’ zone as installed, exceeds the requirements of the Australian Standards and the Australian Road Rules for unsignalised intersections and as such, no further extension is warranted. RECOMMENDED That: 1. Council continues to monitor this intersection. 2. All members of the Committee be provided with a copy of the response sent to the resident (dated 23 June 2016). |
GB 2 Mulgoa Village - Speeding Concerns |
Councillor Tricia Hitchen advised the Committee of concerns regarding speeding vehicles travelling in Mulgoa Village. RECOMMENDED That Council note the information and that the Police be requested to conduct patrols. |
GB 3 Littlefields Road, Mulgoa - Damage To The Road Caused By Heavy Vehicles |
Councillor Tricia Hitchen advised the Committee of the damage incurred to Littlefields Road, Mulgoa as caused by heavy vehicles. RECOMMENDED That Council’s Asset Coordinator inspect the road pavement, fix any potholes and replace the missing load limit signs. |
GB 4 Jordan Springs - Removal of Bus Zone Signs |
Steve Grady of Busways advised the Committee that bus zone signs located in Lakeside Parade, Jordan Springs, and another location near Tyler Street have been removed. RECOMMENDED That Council’s Asset Coordinator replace the missing bus zone signs. |
GB 5 Station Street, Penrith - Tree Trimming |
Steve Grady of Busways advised the Committee of tree trimming needing to be carried out on Station Street, Penrith, and that he will send the request by email. David Drozd advised the Committee that any requests for tree trimming and pruning are to be forwarded to Council’s Parks Department. RECOMMENDED That Council note the information. |
GB 6 Denver Road, St Clair - Relocation Of 40km School Zone Signage |
Sergeant Mark Elliot of St Marys LAC advised the Committee that the St Marys LAC has received a speeding complaint from a local resident in relation to the 40km/hr school zone on Denver Road, St Clair. Sergeant Elliot requested to that the west facing sign on the southern side of Denver Road, be moved further east towards Colorado Drive, St Clair in order to allow for clearer enforcement. The RMS requested the Police provide relevant information. RECOMMENDED That: 1. RMS review the request to relocate the west facing 40km/hr school zone signage located on the southern side of Denver Road further east towards Colorado Drive, St Clair. 2. That Council note the information. |
GB 7 Great Western Highway, Werrington - Relocation of 60km/hr Signage |
Sergeant Mark Elliot of St Marys LAC advised the Committee of the reduced speed zone being 60km/hr in the vicinity where road works are being carried out on the Great Western Highway, Werrington. Sergeant Elliot requested that the 60km/hr signage for westbound traffic be relocated and moved circa 100 metres east of Reserve Road and Werrington Road to allow for better enforcement of the road works zone. Sergeant Elliott also requested a review of the location of eastbound speed restrictions in this vicinity. RECOMMENDED That: 1. RMS review the request for the 60km/hr signage for westbound traffic be relocated circa 100 metres east of Reserve Road and Werrington Road. 2. RMS further review the request that the eastbound speed restriction be relocated and moved further west towards Western Sydney University and 60km/hr signage also be erected in this area. 3. Council note the information. |
GB 8 Werrington Train Station - Tactile Line Marking |
Councillor Marcus Cornish raised a question to the Committee regarding tactile ground indicators, including around Werrington Train Station and asked if tactile ground indicators are implemented on shared footpaths. Ruth Byrnes advised the Committee that Council does not implement tactiles on shared footpaths based upon an RMS technical position. It was further noted that tactiles are generally located in the Penrith and St Mary’s City Centres. Train Stations are a matter for Transport for NSW. Councillor Cornish requested Council to consider tactile ground indicators during the planning stage and reviewing road design plans. RECOMMENDED That Council note the information. |
GB 9 Werrington Village - Angle and Width of Pram Ramps |
Councillor Marcus Cornish advised the Committee of concerns regarding the grade and width of pram ramps, particularly to consider stability for motorised mobility scooters. RECOMMENDED That Council note the information and refer this matter to Council’s Asset Management section. |
There being no further business the Chairperson declared the meeting closed, the time being 10:58am.
That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 July, 2016 be adopted.
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Ordinary Meeting 25 July 2016
REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee
MEETING
HELD ON 6 June, 2016
PRESENT
Her Worship the Mayor, Councillor Karen McKeown, Councillors Jim Aitken OAM, Bernard Bratusa, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.
APOLOGIES |
Apologies were received for the Deputy Mayor, Councillor Ross Fowler OAM and Councillor Prue Car MP. |
CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 May 2016 |
The minutes of the Policy Review Committee Meeting of 9 May 2016 were confirmed. |
DECLARATIONS OF INTEREST
There were no declarations of interest.
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
1 Kingswood Neighbourhood Centre s94 Plan Rescission Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. |
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RECOMMENDED That: 1. The information contained in the report on Kingswood Neighbourhood Centre s94 Plan Rescission be received. 2. Council resolve to rescind the Kingswood Neighbourhood Centre s94 Plan. 3. A Public Notice be placed in a local newspaper advising the community of Council’s resolution and advising of the date the rescission of the s94 Plan will take effect. 4. If any further Kingswood Neighbourhood Centre s94 contributions are owing under current development consents, Council resolve to waive those contributions following applicants lodging a request to amend the conditions of consent under s96 of the Environmental Planning & Assessment Act. 5. In the event any further contributions accumulate under the subject s94 Plan, they be allocated to further embellishment of the Kingswood Neighbourhood Centre. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Outcome 4 - We have safe, vibrant places
2 Corporations Operations Triennial Review |
RECOMMENDED That: 1. The information contained in the report on Corporations Operations Triennial Review be received 2. The recommendations of The Professional Partner Group report, as outlined in Council’s report, be progressively implemented to improve the operation and management of the St Marys Town Centre Corporation and the Penrith CBD Corporation. |
There being no further business the Chairperson declared the meeting closed the time being 7:07PM.
That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 6 June, 2016 be adopted.
|
Ordinary Meeting 25 July 2016
REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee
MEETING
HELD ON 11 July, 2016
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, Ben Goldfinch, Jackie Greenow OAM, John Thain and Michelle Tormey.
APOLOGIES |
Apologies were received for Councillor Tricia Hitchen. |
CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 20 June 2016 |
The minutes of the Policy Review Committee Meeting of 20 June 2016 were confirmed. |
DECLARATIONS OF INTEREST
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – Planning Proposal to amend Penrith Local Environmental Plan 2010 - Incentives Clause for Key Sites as he is the director of one of the companies associated with one of the key sites.
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 – 2016 NSW Community Building Partnership Grants as he is married to the local member for Mulgoa.
Councillor Prue Car MP declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 – 2016 NSW Community Building Partnership Grants as she is the local member for Londonderry.
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
1 Outcomes of Public Exhibition - Penrith City Park Councillor Prue Car MP arrived at the meeting, the time being 7:08pm. |
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RECOMMENDED That: 1. The information contained in the report on Outcomes of Public Exhibition - Penrith City Park be received. 2. Council endorse the Planning Proposal for the Penrith City Park, as attached (Attachment 2). 3. Council seek an independent peer review of the Penrith City Park Planning Proposal to ensure transparency and probity is maintained. 4. The General Manager be granted delegation to make necessary changes required to the Planning Proposal for the Penrith City Park prior to its submission to the Minister for Planning. 5. The Minister for Planning be requested to make the Plan in accordance with the Environmental Planning and Assessment Act 1979. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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2 Planning Proposal to amend Penrith Local Environmental Plan 2010 - Incentives Clause for Key Sites Councillor Ross Fowler OAM left the meeting, the time being 7:18pm. |
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RECOMMENDED That: 1. The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - Incentives Clause for Key Sites be received 2. Council endorse the Planning Proposal as exhibited and provided in Attachment 1 3. Council seek an independent peer review of the Planning Proposal to ensure transparency and probity is maintained 4. The Minister for Planning be requested to make the Plan in accordance with the Environmental Planning and Assessment Act 1979 5. Council officers prepare and publicly exhibit an amendment to the Penrith DCP 2014. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Ross Fowler OAM returned to the meeting, the time being 7:24pm.
Outcome 7 - We have confidence in our Council
3 2016 NSW Community Building Partnership Grants |
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RECOMMENDED That: 1. The information contained in the report on 2016 NSW Community Building Partnership Grants be received 2. Council endorse the submission of applications for the projects below as identified as the priority for each electorate, and further detailed in this report, to the 2016 Community Building Partnership Program. Council endorse the source of matching funds, pending the applications being successful.
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There being no further business the Chairperson declared the meeting closed the time being 7:27pm.
That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 July, 2016 be adopted.
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Item Page
Outcome 1 - We can work close to home
2 Reserve Street, Penrith - Request for Proposal (RFP 1516-01) 3
Outcome 2 - We plan for our future growth
3 Sydney Science Park Voluntary Planning Agreement
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 8
4 Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa Applicant: CCL Development Pty Ltd; Owner: ~A.Vianello
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 15
5 Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys Applicant: Cityscape Planning & Projects; Owner: ~James Gill & Sons Pty Ltd
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 22
Outcome 3 - We can get around the City
6 Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations 35
7 2016-17 Safer Roads Program - Acceptance of Project Funding 39
8 Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017 41
9 Roads and Maritime Services (RMS) 2016/17 Road Funding Grants 44
10 Roads and Maritime Services (RMS) 2016/17 REPAIR Program (Rehabilitation) Road Funding Grant 46
Outcome 4 - We have safe, vibrant places
11 RFT 15/16-14 Alterations and Associated Works, Emu Plains 51
12 RFT 15/16-18 Triangle Park, Public Amenities 55
13 Union Road, Penrith - Request for Proposal 58
14 Unsolicited Proposal to Purchase Council-Owned Land - St Marys 60
Outcome 6 - We're healthy and share strong community spirit
15 Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown 72
Outcome 7 - We have confidence in our Council
17 Insurance Renewals 2016-17 80
18 Outcomes of Council Delegation to Asia - April/May 2016 83
19 Audit Committee 93
21 Summary of Investments & Banking for the period 1 June to 30 June 2016. 102
Outcome 1 - We can work close to home
Item Page
2 Reserve Street, Penrith - Request for Proposal (RFP 1516-01) 3
Ordinary Meeting 25 July 2016
1 |
Penrith Business Alliance |
|
Compiled by: Andrew Moore, Chief Financial Officer
Authorised by: Stephen Britten, Chief Governance Officer
Outcome |
We can work close to home |
Strategy |
Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors |
Service Activity |
Build on our partnerships and alliances to achieve shared aspirations for the City's future |
Executive Summary
From 2009 up until 30 June 2015 the Council provided the Penrith Business
Alliance Ltd (PBA) with approximately $3.5million to achieve the City’s
economic outcomes. At its Ordinary meeting held on 29 June 2015 Council
resolved to cease any further funding of the PBA beyond 30 June
2015.
In the past, representatives of the PBA have accounted to the Council for the PBA’s performance and expenditure of the public monies. This has generally been by way of a presentation to Council’s Policy Review Committee. The PBA has not accounted for the use of the public monies for the 2014-15 financial year despite numerous requests from the General Manager, Council Officers and Council’s external lawyers.
Council Officers have had the opportunity to review an unaudited copy of the 2014-15 Financials in April this year, and at that time received assurances that a copy of the audited Financial Statements would be provided to Council along with a reconciliation of the unspent public monies and responses to a number of questions raised that would be facilitated directly from the PBA’s auditor. This information has not been provided.
Consideration has been given to the judicial options Council has to require the PBA to provide Council with access to its records as contemplated by the PBA Constitution. Further details on this advice has been provided to Councillor under separate cover prior to tonight’s meeting.
This report recommends that the information contained in the report be received and that Council Officers be authorised to commence legal proceedings to compel the PBA to provide Council access to its records for 2014-15 and an account of any unspent public monies.
Background
The PBA is an independent Company Limited by Guarantee. Council entered
into a Deed of Agreement with the PBA in 2009. The terms of the Deed required
the PBA to deliver economic outcomes for the City. In order to achieve the
economic outcomes, the PBA has received public funding of approximately
$3.5million over five years. Mindful of the changing economic
environment, Council included a review of the Deed of Agreement after five
years to ensure an on-going contemporary approach to growing Penrith’s economic
development. Council’s Deed of Agreement with the PBA ended in November
2014. It was extended to 30 June 2015 while an independent review was
completed. The review was undertaken by The Professional Partner Group (PPG)
and assisted in clarifying the future direction for economic development in the
City. Council considered a report at the Ordinary meeting held on 29 June 2015.
That report explored future economic development frameworks. The Council
resolved amongst other things to advise the Penrith Business Alliance of its
decision to pursue an alternative framework for economic development and that
Council funding of the PBA cease from 30 June 2015.
Up until the 2013-14 financial year the PBA made a presentation to a Policy Review Committee meeting on the previous year’s performance. In addition, the PBA sought endorsement for the following year’s business plan. Council has not received a presentation for the 2014-15 financial year from the PBA.
Current situation
Council has made numerous requests to the PBA to account for how public
monies provided for 2014-15 were acquitted, but to date the PBA has refused to
provide this information. Council sought legal advice earlier this year on its
options to attain the required information.
As a result of concerns over the PBA’s failure to make records available to Council, a further formal request was sent from Council’s Chief Governance Officer. Subsequently the General Manager and Financial Services Manager met with the chairman of the PBA in April 2016. At the meeting the unaudited statements of the PBA for this period were presented for review and were discussed. Subsequently a copy of the same unaudited statements has been located on the database relating to charitable organisations. A review of the ASIC website has revealed that the audited Financial Statements for 2014-15 are not recorded as having been lodged.
At the meeting in April the PBA was again requested to provide a copy of the audited Financial Statements and it was noted Council reserved the right to seek further information once they had been reviewed. The PBA was also asked to facilitate their auditors confirming to Council that they were aware of certain financial transactions that had occurred and whether issues around those transactions had been resolved. Further information relating to its retained earnings from Council’s subsidy and a reconciliation of what those retained earnings (public monies) were to be used for was also requested and agreed to by the PBA. Despite our repeated requests, the information has not been forthcoming.
As mentioned earlier in this report Council has received legal advice on the options open to it through the Courts. Unfortunately, all options to resolve this issue without commencing legal action have now been exhausted and Council Officers are of the view that the PBA will not comply with Council’s requests and accordingly it is recommended that legal proceedings be commenced and continual monitored.
Conclusion
Council ceased funding the PBA on 30 June 2015. Despite numerous
requests to be provided with audited financial statements, clarification of
outstanding issues from the PBA’s auditors and a reconciliation of public
monies, to date this has not been received. This report proposes that
Council consider commencing legal action to compel the PBA to comply with their
obligations set out by the PBA’s constitution.
That: 1. The information contained in the report on Penrith Business Alliance be received 2. Council endorse legal proceedings commencing to seek to compel the PBA to provide Council access to their financial records and pursue the recovery on any unspent public monies. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
2 |
Reserve Street, Penrith - Request for Proposal (RFP 1516-01) |
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Compiled by: David Ellks, Property Projects Co-ordinator
Authorised by: Kylie Powell, Economic Initiatives Manager
Outcome |
We can work close to home |
Strategy |
Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors |
Service Activity |
Utilise Council's property portfolio to stimulate growth and development opportunities in the City |
Executive Summary
The Request for Proposal (RFP 1516-01) for the development of aged care on Council land at Reserve Street, Penrith closed on 26 May 2016.
This report advises Council on the outcome of the RFP process and recommends that the Preferred Proponent is Greengate Development Pty Ltd. It is proposed to conduct discussions and be in a position to provide briefings and recommendations on entering into a commercial agreement to Councillors during October / November 2016.
Background
To deliver priority actions in Penrith Progression, Council resolved on 28 September 2015 to commence a two staged Expression of Interest (EOI) / Request for Proposal (RFP) process for both Reserve Street and Union Road. For Reserve Street, Council stated its interest in receiving proposals for the delivery of contemporary aged care facilities. This was consistent with the vision for the Living Well precinct as outlined in the Penrith Progression Plan for Action. Aged care was considered to be a key catalyst project that would stimulate a range of complementary seniors living developments and services in the precinct, and attract the greatest number of jobs.
The EOI was published on 19 November 2016 and was heavily promoted in the press and social media. It closed on 25 January 2016 and Council received six responses. The EOI evaluation process short listed four proponents for an RFP stage based on the quality of their concepts, plus the capability, experience and capacity of the proponent to deliver.
Council released its RFP document to the four short listed proponents on 29 April 2016. The RFP document required detailed proposals addressing Council’s objectives and requirements for the concept, sustainability, commercial terms, timing and risk. In the commercial terms returnable schedule, proponents were required to make an offer for acquiring the freehold interest in the land, plus an offer for acquiring the leasehold interest in the land. Due to two EOI submissions raising the opportunity to include community uses in the development of Reserve Street, Council included an option in the RFP to return general office space to Council for use by community groups (the RFP noted Council has a present need for 1,400m2).
The RFP closed on 26 May 2016. Three of the four short listed proponents submitted detailed proposals.
Proponents were advised in the RFP document that Council was aiming to recommend a Preferred Proponent by late July 2016. Council would invite the nominated Preferred Proponent to document draft agreements, and subject to signing these agreements, the Preferred Proponent will become the Successful Proponent.
It is acknowledged that there will be a loss of temporary parking spaces as a result of this development. Council’s Parking Strategy looks at short, medium and longer term actions to manage parking into the future. Critically, it is about balancing the needs of shoppers who need convenient access to businesses and services in the City Centre; workers who need parking close to the City Centre; and commuters who need long-day parking close to the station. As Penrith grows, the number of parking spaces will increase and will be located in a number of multi-storey structures in Union Road, Soper Place and Judges Car Park.
RFP Evaluation Process
At the conclusion of the RFP period, three proposals were received, with one of those deemed non-conforming. The two conforming proposals received were from Opal Aged Care Group and Greengate Development Pty Ltd.
The evaluation criteria included in the RFP document and used to assess proposals included the following:
· Concept
· Sustainability
· Commercial Terms
· Timing
· Risk.
The RFP Evaluation Panel consisted of Kylie Powell (Economic Initiatives Manager), Andrew Moore (Chief Financial Officer), Jeni Pollard (Place Manager) and Adam Wilkinson (Engineering Services Manager). The Panel was advised and supported by Sarah Mullins of O’Connor Marsden and Associates, Council’s probity advisor, and Esther Cheong of AEC Group Ltd on the intricacies of the commercial offers.
The RFP included an option for the provision of 1400m2 of community office space. The intent of this option was to assist in the relocation of community organisations currently occupying other city centre locations. In assessing the proposals, it was considered that both offers for the community space did not represent value for money and that Council could provide the required facilities in a more efficient manner and at a lesser cost. The panel therefore did not proceed with further consideration of the option for community space.
Further information concerning the commercial offers received from Opal Aged Care Group and Greengate Development Pty Ltd has been provided to Councillors under separate cover.
All offers are in the vicinity or above the fair market valuation. They all exceed the anticipated value for aged care development. In addition to the proposals presenting a strong financial result, they are also of a high quality in relation to design, services and contribution to the City Centre.
Based on a detailed evaluation against all criteria, the Evaluation Panel recommends Council nominate Greengate as the Preferred Proponent.
Next Steps
It is recommended that Council accept Greengate as the Preferred Proponent and we enter into discussions that establishes the formal terms of the agreement.
Subject to Council resolution, this stage would be conducted over the next 2-3 months. Should the outcome of these discussions not be satisfactory, Council is not committed to entering into a contract. Council may cease any discussions and pursue other options available under the legislation.
A subsequent presentation and report would be provided on the outcomes of any discussions for Council to consider if it would like to proceed with a transaction.
That: 1. The information contained in the report on Reserve Street, Penrith - Request for Proposal (RFP 1516-01) be received. 2. Council accept Greengate as the Preferred Proponent and we enter into discussions that establishes the formal terms of the agreement. 3. It be expressed to Greengate that Council does not intend to be bound until formal legal documentation has been agreed by resolution of the Council and it has been formally signed.
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ATTACHMENTS/APPENDICES
Outcome 2 - We plan for our future growth
Item Page
3 Sydney Science Park Voluntary Planning Agreement
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 8
4 Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa Applicant: CCL Development Pty Ltd; Owner: ~A.Vianello
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 15
5 Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys Applicant: Cityscape Planning & Projects; Owner: ~James Gill & Sons Pty Ltd
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 22
Ordinary Meeting 25 July 2016
3 |
Sydney Science Park Voluntary Planning Agreement |
|
Compiled by: Abdul Cheema, Acting City Planning Manager
Authorised by: Ruth Goldsmith, Executive Manager - City Economy and Planning
Outcome |
We plan for our future growth |
Strategy |
Protect the City's natural areas, heritage and character |
Service Activity |
Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans |
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
Executive Summary
The purpose of this report is to examine the merits of Council entering into a Voluntary Planning Agreement with Celestino for the delivery of local infrastructure required to meet the needs of the proposed Sydney Science Park development.
The VPA is considered to satisfy Council’s standards for the type, scale and nature of infrastructure required to meet the needs of the new Sydney Science Park community and timely delivery of works, subject to further consideration of road works and ownership options. Given the suitability of the Voluntary Planning Agreement, this report recommends it be adopted by Council and publicly notified before it takes effect upon signing by the General Manager.
Background
Since late 2013, Council has been advancing assessment of a Planning Proposal for the Sydney Science Park (SSP) at Luddenham. The proponent for the Sydney Science Park is Celestino. The Planning Proposal seeks to rezone 287 hectares of what is currently Rural (RU2) land to:
· B4 Mixed Use
· B7 Business Park; and
· RE1 Public Recreation.
The rezoning is intended to permit development of the SSP for employment, residential retail and recreation uses comprising:
· approximately 340,000m2 of research and development floor area;
· approximately 100,000m2 of education floor area and associated student accommodation;
· a Town Centre comprising up to 30,000m2 of retail space;
· 3,400 dwellings (accommodating 6,900 residents);
· a primary school site;
· new roads and infrastructure; and
· landscaped open space, sporting fields and parks.
In a series of reports since December 2013, Council resolved to sponsor the Planning Proposal, including its passage through the DP&E Gateway process and its public exhibition. On 14 March 2016, Council considered the result of the Proposal’s public exhibition and resolved, among other things, that:
“the Planning Proposal be forwarded to the Minister for Planning and Environment after a Voluntary Planning Agreement (VPA) for the provision of local facilities and services commences public notification with a request that the Minister make the Plan in accordance with the Environmental Planning & Assessment Act 1979”.
In accordance with Council’s resolution, a draft VPA was prepared by Celestino, proposing to meet the infrastructure needs of the new SSP community through a mix of works in kind, monetary contributions towards facilities delivered by Council and land dedication.
Following negotiation between relevant Council staff and Celestino, agreement was reached on almost all elements required to ensure appropriate infrastructure delivery. Two matters that require further discussion are road upgrade requirements and the ownership of new local infrastructure covered in the VPA.
With further negotiation in good faith between the parties, it is considered likely that these matters can be resolved and accordingly, the draft VPA incorporates clauses which confirm current traffic and land ownership agreements and offers, while providing mechanisms for their further review over the next 3 months. These clauses permit variation to the VPA subject to the mutual satisfaction of Council and Celestino.
Providing appropriate local infrastructure
The purpose of providing appropriate local infrastructure for the SSP is to achieve a safe, healthy, cohesive, attractive and efficient environment for the new community which will live, work, visit or study in the new estate.
Under s79C of the Environmental Planning & Assessment Act “the suitability of the site for the development” is a matter for consideration when determining development applications (DAs). “Suitability” includes ensuring adequate infrastructure is available to service the new development. Concluding a VPA for the SSP to deliver local infrastructure will ensure approval of future DAs for the estate is not impeded due to concerns over inadequate community facilities including parks, roads, and drainage.
Achieving adequate infrastructure delivery also ensures the existing Penrith City community will not be financially subsidising the delivery of works required by the new estate and nor will the new development place additional pressure on existing infrastructure.
A VPA is a more appropriate mechanism than a Section 94 (s94) Development Contributions Plan for securing local infrastructure for the SSP because:
1. VPAs are more appropriate when only a single land owner is involved;
2. a VPA is a binding contract, providing greater certainty than a s94 Plan;
3. VPAs tend to be concluded more quickly than s94 plans;
4. VPAs are not statutorily limited in the range of works and contributions which can be sought;
5. VPAs can require contributions equivalent in value to those stipulated in s94 Plans;
6. VPAs can be tied to the development of the property in perpetuity.
In light of these advantages, a VPA was deemed the most suitable means for achieving local infrastructure delivery to meet the needs of the SSP.
Not all the facilities required by the new community, however, will be delivered through the VPA. Some local infrastructure will also be delivered through conditions of development consent and private providers through the operation of the market. In addition to the local facilities, State infrastructure will also be required.
Most of the new local infrastructure to be delivered through the VPA relates to demand arising from 6,900 residents of the 3,400 new dwellings proposed in the SSP. The infrastructure required to meet this new community will comprise “human services” facilities (such as parks, community facilities, affordable housing) and traditional engineering works (such as roads and drainage).
Local infrastructure for new employment development (e.g. roads within the estate or drainage), is expected to be largely delivered by the developer in accordance with both conditions of development consent and contributions and works stipulated in the VPA. For both residential and employment development, selected local infrastructure required by the new community (including child care centres, recreation gyms, etc.) is expected to be delivered through private providers as a market response to demand. The University / education component of the SSP is also likely to provide students with their own recreation and community facilities, negating the need for inclusion in the VPA.
State infrastructure works (such as arterial roads, public transport, hospitals and education facilities), are funded through the payment by the developer of a State Infrastructure Contribution (SIC) or through capital investment by the NSW government and Commonwealth grants.
Delivery of infrastructure described in the VPA is triggered by certain thresholds, which vary according to the nature of the development and when need for the infrastructure is expected to arise. Since the LEP for the SSP generally requires that housing cannot proceed until employment floorspace has been developed and because most of the human services infrastructure relates to resident needs, infrastructure delivery triggers have been linked to housing thresholds or to chronological dates.
Draft Voluntary Planning Agreement for Sydney Science Park
The SSP proponents, Celestino, have prepared a preliminary draft VPA. To determine the suitability of Celestino’s VPA offer, the needs of the new residential and employee population were reviewed by relevant Council technical staff against our local infrastructure delivery standards for new release areas. Relevant references include:
· the Sustainability Blueprint;
· the PLANS Lifestyle and Aspiration Needs Study;
· the Open Space Action Plan;
· Current and recent s94 Plans;
· the 2015-16 Fees and Charges Schedule; and
· recent VPA infrastructure standards for new release areas such as Glenmore Park Stage 2 and Caddens.
As a consequence of staff assessment and negotiations with the SSP proponents, the draft VPA submitted by Celestino was amended to:
· augment the range, nature and value of infrastructure works and contributions to be delivered to achieve compliance with Council’s standards;
· require the value of contributions to be indexed, to ensure no financial shortfall would arise and be borne by Council;
· deliver facilities at appropriate thresholds;
· incorporate a “better outcomes” clause, providing flexibility to achieve enhanced outcomes in the future, subject to Council approval;
· clarify the plain English section; and
· focus on the standard of facilities to be delivered, thereby ensuring infrastructure is suitable in nature, scale and quality.
The draft Agreement is shown at Attachment 1 to this report. Council’s Legal Services and Finance Departments have reviewed the draft VPA provisions to ensure their suitability. The Agreement proposes to meet the local infrastructure needs of the new SSP community through delivery of works, transfer of land and the payment of monetary contributions. The table below summarises the infrastructure proposed to be delivered through the VPA.
Infrastructure Element
|
SSP VPA proposal |
Library Facilities |
$345 per person ($2.3805m) for library resources (which may include library expansion or extra books, CDs, etc. or a future branch library at SSP if endorsed by Council |
Cultural Facilities |
$145 per person ($1.0005m), to repay existing Cultural Facilities s94 Plan |
Affordable Housing |
$366 per dwelling ($1.2444m) + 3 affordable housing dwellings/ lots |
Active Open Space |
10.2 hectares land + embellishment valued at $10.928m |
Passive Open Space |
11.316 hectares land + embellishment valued at $10.07124m |
Riparian Planting |
Restoration of all creek line environments |
District Open Space (DOS) |
38.5ha of DOS embellished at value of $12.785m or a cash contribution of $12.785m |
Community Facilities Studies |
$30K for studies to ensure appropriate works and facility elements |
Temporary Community Facility |
138 sqm floorspace/area in a well located building |
Permanent Community Facility |
586sq.m building, fitted out and 3266sqm site area incorporating parking, landscaping with a value of $3.135m. |
Community and Cultural Development Worker |
$200K for a worker to assist new residents |
Community Initiatives Fund |
$50K to support emerging community groups |
Water Sensitive Urban Design (WSUD) and Wetland Facilities |
Stormwater management and WSUD treatments consistent with the Water Cycle Management Strategy |
Public Art |
Public Art in the public domain valued at approx.$175K, consistent with Council’s Public Art Strategy |
Footpaths and Shared Pathways |
Delivered across the estate as it is developed and consistent with the DCP and Precinct Plan |
Traffic and Transport Management Facilities |
Financial contributions towards Luddenham Road widening (between Mamre Road and Sydney Science Park) and 2 x Luddenham Road intersection upgrades at Twin Creeks Drive and the SSP site access point, (valued at least $15.587m). Final traffic impacts and contributions towards works are to be subject to independent review within 3 months of the VPA being signed and further negotiations between Council and Celestino. |
The SSP VPA will be ‘novated’, which is a legal mechanism for ensuring that while it is entered into with the current owners of the SSP site (Celestino), any future owners and developers of the site will be similarly obligated to comply with its provisions. Novation ensures that Council need not renegotiate the VPA in the future in the event of unforeseen circumstances, such as sale of the property.
Matters that require further negotiation
Despite agreement between both parties on the majority of local infrastructure to be delivered through the VPA, two matters will require further negotiation or refinement, those being road works and future land ownership. These matters are described below:
Ownership of land and works
The VPA requires dedication to Council of new land and works, including local and district open space, a multi-purpose community facility and roads, with the exception of riparian plantings, water sensitive urban design facilities and wetlands. This approach is consistent with Council’s established requirements for release areas and new infrastructure.
In negotiations for the VPA, Celestino expressed an interest in retaining ownership of all infrastructure in the estate, including open space, community facilities, roads, public art, etc. and permitting public use and access through Management Plans to Council’s satisfaction. Celestino indicated that their interest in exploring ownership was to allow the introduction of innovative data and monitoring technology in the infrastructure.
Given that this is a new policy approach, adequate time is needed to consider the opportunities and potential risks of this initiative. Consequently, the attached Agreement includes a clause that requires dedication of local infrastructure to Council, but also includes a ‘better outcomes’ clause enabling review of the ownership provisions. Any review would include consideration of principles such as open space / community facilities to be kept as such in perpetuity and not closed to use, change of use or at cost to user; and that there are set standards for maintenance; use of data and the like. Final determination of a review or amendment to the VPA would be subject to endorsement by Council.
Road works cost and scope
Due to the complexity of traffic modelling and the involvement of government agencies such as Roads and Maritime Services (RMS) and Transport for NSW (TfNSW), further discussions are required to finalise agreement on the road works required to meet the needs of the SSP.
There will also be significant development in this area over the next 10 years as planning for the Western Sydney Priority Growth Area is finalised. This introduces a broader perspective of infrastructure, including the need for other contributions for infrastructure. Celestino’s contribution represents 37% of the required total upgrade and improvement costs for Luddenham Road. The remaining 63% of required funding will need to be negotiated with other developments as they emerge, however this situation may change if the possibility of Luddenham Road becoming a State Road in the next 5-10 years is confirmed.
The attached VPA includes a clause that requires road upgrades and intersection improvements as currently offered by Celestino and valued at approximately $15.6 million. The VPA also includes a clause committing to an independent review, by a mutually agreed traffic engineer who is jointly appointed by the parties, which identifies the extent of road / traffic works required to meet the needs of the SSP, with mutually acceptable road work infrastructure to be determined within 3 months of signing the VPA. If the expert who reviews the modelling is of the opinion that the SSP development creates a demand for a greater extent of road upgrades, then Celestino will have to negotiate in good faith on the appropriate next steps.
Future changes
In recent VPAs for urban release areas which Council has entered into, the Agreements have incorporated clauses to ensure that any development beyond that envisaged in the VPA will also contribute towards additional infrastructure. This ensures any additional development is catered for appropriately.
In the case of SSP, however, residential development is capped at 3,400 dwellings under the LEP and DCP. In light of this cap, if future residential development in the SSP exceeds this limit, amendment of the LEP and DCP would be required, as well as the VPA. In the case of any additional employment development, additional infrastructure will be required through conditions of development consent.
Next steps
If Council resolves to enter into the VPA with Celestino, the next steps in advancing the Agreement include:
1. Public notification of the VPA for a period of 28 days (the purpose of notification is to inform the public rather than seek comment).
2. When the VPA commences its notification period, Council’s resolution of 14 March 2016 enables the Planning Proposal for the VPA to be forwarded to the Minister for Planning to be made.
3. Following conclusion of the notification period, the VPA can be signed by the General Manager on Council’s behalf. Upon signature, the VPA take effects and will be triggered when development of the site occurs in a manner described in the Agreement.
4. When the Agreement has been signed, Council’s VPAs register will be updated (including on our website) and the Department of Planning and Environment must be notified in order to amend their register of Agreements.
5. Review of the two matters (road works and ownership) will commence shortly, with the outcomes of those negotiations presented for further consideration and discussion with Council.
Conclusion
Delivery of appropriate local infrastructure is essential to create safe, healthy, cohesive, attractive and functional new communities.
This report concludes that the works, land and monetary contributions for local and district infrastructure described in the SSP VPA will meet the needs of this new community. The VPA incorporates indexation formula to maintain the value of contributions, triggers for the delivery of works at appropriate thresholds and achievement of required infrastructure quality standards.
The VPA also appropriately recognises the matters that require further negotiation and consideration. It is therefore recommended that the Voluntary Planning Agreement is adopted by Council and is publicly notified.
That: 1. The information contained in the report on Sydney Science Park Voluntary Planning Agreement (VPA) be received; 2. Council adopt the Sydney Science Park VPA shown at Attachment 1 to this report; 3. The draft Sydney Science Park VPA be publicly notified in accordance with the requirements of the Environmental Planning and Assessment Act, 1979; 4. Upon commencement of the public notification of the VPA, the Planning Proposal for Sydney Science Park be forwarded to the Minister for Planning and Environment with a request that the Minister make the Plan in accordance with the Environmental Planning & Assessment Act, 1979; 5. Council authorise the General Manager to sign the VPA upon conclusion of the public notification of the Agreement and to make any minor amendments necessary to ensure its legality (e.g. typographic errors, dates, etc.); and 6. The Department of Planning be notified of the signing of the VPA and Council’s register of VPAs and website be updated to record the Agreement. |
ATTACHMENTS/APPENDICES
Voluntary Planning Agreement for Sydney Science Park |
56 Pages |
Attachments Included |
Ordinary Meeting 25 July 2016
4 |
Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa Applicant: CCL Development Pty Ltd; Owner: A.Vianello |
|
Compiled by: Kate Smith, Senior Environmental Planner
Robert Craig, Principal 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 |
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
Penrith Development Control Plan 2014 requires that for the Glenmore Park Stage 2 release area, a concept plan setting out the proposal for the development of a precinct be lodged and approved by Council prior to, or with, the first subdivision development application for each precinct.
CCL Development on behalf of the landowner A. Vianello has lodged a concept plan for land identified as Precincts G and H within the Glenmore Park Stage 2 release area (Refer Attachment 1). The proposed concept plan has been lodged concurrently with a development application for a staged torrens title subdivision for 75 residential lots, 2 residue lots and public roads. This subdivision forms Stages 1 and 2 of Precinct G.
The concept plan will provide guidance for the future development of Precincts G and H. The concept plan also aims to demonstrate that the critical elements contained within Penrith Development Control Plan 2014 can be achieved.
Overall the concept plan has been found to be consistent with the relevant criteria contained in Section E7 Glenmore Park, Part B – Glenmore Park Stage 2 of Penrith Development Control Plan 2014. It is therefore recommended that the concept plan for Precincts G and H be endorsed and adopted by Council and that the related development application for Stages 1 and 2 of Precinct G be approved under delegated authority upon finalisation of the development assessment process for this application.
Site and Surrounds
The Glenmore Park Stage 2 release area comprises eight (8) development precincts, identified alphabetically as Precincts A – H (refer Attachment 2). Precincts G and H are bordered by existing residential development to the north and a large rural property to the south, east and west. The Northern Road is located approximately 400m from the eastern-most extent of Precinct H.
Precincts G and H have a total land area of approximately 25 hectares and are located in the south-eastern portion of the Glenmore Park Stage 2 release area, to the south of Bradley Street. Stages 1 and 2 of Precinct G occupy an area of approximately 4.8 hectares.
Precincts G and H are zoned under Penrith Local Environmental Plan 2010 primarily for residential purposes (R1 General Residential). The only exceptions to this are a neighbourhood park (zoned RE1 Public Recreation) and a centralised 40m wide biodiversity open space corridor (zoned E2 Environmental Conservation) which divides Precincts G and H.
Strategic Context
The Glenmore Park Southern Expansion release area was endorsed by the NSW Government in 2002, with the Minister for Planning declaring the study area as a release area in July 2003 and naming the area “Glenmore Park Stage 2”. Following this process, Council prepared a detailed Local Environmental Study (LES) to provide direction for the preparation of a comprehensive Local Environmental Plan (LEP) and DCP for the release area.
The land was zoned for urban purposes in May 2009 under Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009. Under the LEP, 225 hectares of land was re-zoned from rural land to permit a range of urban, commercial, conservation and recreational uses. In addition, state and local Voluntary Planning Agreements (VPAs) for the Glenmore Park Stage 2 release area are in place between Council, the Minister for Planning and the five landowners which address the delivery of infrastructure and monetary contributions to support the development of the release area.
Under Penrith Local Environmental Plan 2010 which now applies to Glenmore Park Stage 2, Precincts G and H are predominately zoned R1 General Residential with a portion of the site zoned RE1 Public Recreation and E2 Environmental Conservation. Land adjoining the site to the south, east and west is zoned RU2 Rural Landscape.
Section E7 Glenmore Park, Part B – Glenmore Park Stage 2 of Penrith Development Control Plan (DCP) 2014 includes an area specific chapter for Glenmore Park Stage 2 which provides a structure plan to guide the layout and form of the estate including minimum dwelling yield and housing diversity provisions. The DCP sets an objective of 15 dwellings per hectare and requires a minimum of 1,628 dwellings to be delivered across the entire release area.
Concept Plan
The DCP requires that for the Glenmore Park Stage 2 release area, a concept plan setting out the proposal for the development of a precinct be lodged and approved by Council prior to, or with, the first subdivision development application for each precinct. The concept plan is intended to serve as a guide for the development of each precinct and as such it is a broad brush approach to the indicative layout of a precinct.
The submitted concept plan for Precincts G and H has been prepared based on the urban design principles and intended development outcomes established for the overall release area by the DCP. The concept plan outlines the indicative subdivision layout and lot/dwelling mix, road layout and hierarchy, pedestrian network and landscape master plan.
The concept plan will provide guidance for the future development of Precincts G and H. The concept plan also aims to demonstrate that the relevant provisions of the DCP can be achieved when development of the estate occurs.
A copy of the proposed concept and staging plans are provided at Attachment 3. Copies of the proposed subdivision plans for Stages 1 and 2 of Precinct G are provided at Attachment 4.
The concept plan is largely consistent with the densities, dwelling types and structure for this part of the release area as envisaged by the DCP. Each element required to be detailed in the concept plan is discussed in turn below.
1. Urban Structure and Public Domain
The urban structure is clearly defined in the submitted documentation which also provides detail on the public domain elements, most notably in relation to the proposed street tree planting regime which will require final approval by Council’s Landscape Architect as part of the first subdivision development application. The urban structure is based on a modified grid layout and has been designed to respond to the topography of the site and to ensure appropriate grades are achieved along the roadways.
The concept plan makes provision for the neighbourhood park required in the central northern portion of Precinct H and the centralised 40m wide biodiversity open space corridor which divides Precincts G and H.
The estate will be well connected for cyclists and vehicles and highly walkable with the neighbourhood identity centred around the linear biodiversity open space corridor. The road network and subdivision layout has been designed to provide a seamless transition in urban form from developed land to the north.
2. Dwelling Yield and Diversity Targets
For each precinct, the DCP identifies minimum dwelling yield and dwelling type targets. Table 1 below outlines the dwelling diversity requirements of the DCP and those proposed by the concept plan for Precincts G and H.
Table 1: Dwelling Diversity Requirements (Dwelling Yield & Dwelling Types) |
|||||
Precinct |
Apartments and Studios |
Terraces / Live-Works and Semi-Detached |
Built to Boundary |
Detached |
Precinct Total |
Precinct G
DCP |
4 |
21 |
45 |
102 |
172
|
Concept Plan |
0 |
30 |
90 |
91 |
211 |
Precinct H
DCP
|
4 |
18 |
40 |
78 |
140 |
Concept Plan |
0 |
16 |
88 |
60 |
164 |
The concept plan proposes additional dwellings compared to the minimum targets specified in the DCP. The concept plan also proposes a greater number of built-to-boundary lots (230m2 - 540m2) and less detached dwelling lots (360m2 - 600m2).
Close consideration has been given to the proposed dwelling yield and the proposed mix of built-to-boundary lots against detached dwelling lots and the following comments are provided:
· The development of land within Penrith’s existing release areas is well underway and as such there is increasing pressure on Council to unlock greenfield land for out of sequence residential development. The subject proposal will assist in a modest way to maximising residential yield within an existing release area, taking advantage of existing servicing and infrastructure. Increasing the residential density as proposed will assist in reducing the need for further ad hoc development in greenfield areas.
· The planning investigations that the DCP was based on were undertaken between 2002 and 2005. At this time, no physical detailed design had been undertaken for the area. Typical residential lots during this period were around 600m2 - 700m2. As a result of changing market demands and housing affordability, the vast majority of current housing lots are between 350m2 - 450m2. Currently the most popular home site in Glenmore Park Stage 2 is 375m2 and 12.5m wide. Housing design has also improved significantly during this period and houses designed for smaller built‑to-boundary lots optimise the balance between liveability, energy efficiency, affordability and sustainability.
· The development controls relating to dwelling diversity within the DCP state “development achieves indicative housing type numbers identified for each precinct”. The dwelling diversity targets in the DCP are therefore indicative only and not a prohibition nor development standard, thereby enabling the proposed housing mix to respond to current conditions including housing affordability.
Council’s Strategic Planning Team has reviewed the concept plan and provided support for the proposed dwelling density and diversity of housing types proposed, notwithstanding the variations to the indicative dwelling diversity provisions of the DCP.
Overall it is considered that the Precincts G and H concept plan will deliver a diversity of housing types consistent with current housing type preferences. The proposed dwelling mix meets the objectives of the DCP and is worthy of support.
3. Distribution of Lot Types and Housing Forms
This element is interrelated with the delivery of the dwelling yield and dwelling diversity targets discussed above. The concept plan demonstrates that a diversity of lot sizes and built forms to suit a variety of lifestyles, household types and affordability will be delivered in appropriate locations across Precincts G and H.
4. Road Network
The proposed road layout for Precincts G and H generally reflects the DCP road layout incorporating a collector road, minor local roads and laneways (in order to accommodate the terrace and semi-detached dwelling types with frontage to the linear biodiversity open space corridor). Access to Precincts G and H is via an extension of the road network within Precincts D and E to the north. The road network is based on a modified grid layout and has been designed to respond to the topography of the site and to ensure appropriate grades are achieved along the roadways.
The location of the proposed collector road within Precinct G has been re-aligned slightly to the north from that shown in the DCP to achieve a more appropriate alignment and grade to accommodate the future bus route. This collector road will provide the main entry into the site.
The concept plan has been designed to incorporate a perimeter road which forms a border between the residential area and the surrounding rural lands. In order to achieve the best urban outcome for the precinct and deliver a site responsive urban form, the perimeter road is partly located on RU2 (Rural Landscape) zoned land (roads are permissible in the RU2 zone under the LEP). A road network following the residential zone boundary would not achieve an appropriate road design. The proposed perimeter road alignment responds to the topography of the site, balancing vertical and horizontal variations in land form and facilitating a safe and efficient road network.
The encroachment of the perimeter road on the RU2 zoned land will achieve the most efficient subdivision layout, particularly with respect to providing regular rectangular shaped allotments with standard lot depths in order to reduce the need for custom designed housing products. Given the irregular zone boundaries affecting Precincts G and H and the existing road network to the north of the site, the proposed location of the road will allow for a functional subdivision design within a road network that responds to the topography of the site and respects the adjacent rural land. Additionally, the road will serve as a cleared area providing a bushfire asset protection zone between the proposed residential allotments and the adjoining rural land. The proposed location of the perimeter road will not have any adverse impacts on The Northern Road viewshed.
The DCP road hierarchy plan identifies a local road extending from the collector road in an east-west direction along the southern boundary of the neighbourhood park in the central northern portion of Precinct H. Considering the surrounding subdivision area and the absence of connections to the east, traffic volumes along this road will be minimal. As such, a variation to the DCP road hierarchy is proposed to adopt a minor local road along the local road alignment in this location. The minor local road will provide sufficient travel lane and parking provisions for the local residential neighbourhood based the low traffic volumes likely to occur in this location.
The proposed road network has been examined by Council’s Development and Traffic Engineers and has been found to be satisfactory.
5. Open Space
The concept plan makes provision for the neighbourhood park required in the central northern portion of Precinct H and the centralised 40m wide biodiversity open space corridor which divides Precincts G and H. This corridor forms part of the overall open space network for the release area. The area of the neighbourhood park has been designed to integrate with the existing park layout adjoining to the north in Precinct E.
The centralised 40m wide biodiversity open space corridor will contain the natural drainage lines of the western tributary of Surveyors Creek, incorporating a 20m core. As part of the future development of the site, this land will be re-vegetated and restored to deliver enhanced environmental outcomes.
6. Pedestrian and Cycle Paths
The concept plan demonstrates an integrated footpath and cycle network that will provide future residents with access throughout the site and provide key linkages to paths within open space areas. A pedestrian and cycle path plan has been provided to demonstrate how shared paths integrate with the pedestrian path network and open space within the site. Council’s Development and Traffic Engineers have advised that footpaths should be provided on both sides of all roads, apart from laneways and the road verges on the outer perimeter of Precincts G and H. This requirement can be imposed at the development application stage.
7. The Northern Road Viewshed
The objectives of The Northern Road viewshed are to conserve the important local viewshed from The Northern Road and to ensure that development in Glenmore Park Stage 2 is not visible from The Northern Road.
The significance of local viewsheds from The Northern Road in protecting the visual amenity and character of the area has been a major consideration in developing the Precincts G and H concept plan. A combination of mounding immediately adjacent to The Northern Road and the concept design for the subdivision of the site will ensure the green, undulating character of the area and sight lines to the Blue Mountains will be maintained along The Northern Road.
There is an existing ridgeline located inside the edge of the proposed subdivision which will block views to the southern portion of the site for a significant extent. Where the site is visible from The Northern Road, appropriate mounding will be constructed to prevent views towards the future residential development. In this regard, development consent was issued by Council via DA08/0537 for mounding along The Northern Road to address the viewshed to the proposed development within Precincts G and H. The extent of approved mounding will ensure the viewshed from The Northern Road will be maintained in accordance with the DCP objectives.
The concept plan design includes a perimeter road along the eastern boundary, with street lighting to be located within the western verge to assist in minimising the visual impact of the development. The final levels of roads and residential allotments will be confirmed at the development application stage, however the detailed design will be required to ensure the objectives of The Northern Road viewshed are maintained.
8. Development Staging
The concept plan provides detail on the staging of the precincts. The detail provided is sufficient at concept stage and gives an indication on the delivery and staging of the precincts which is logical with regard to earthworks and infrastructure delivery.
9. Infrastructure Delivery Strategy
The concept plan outlines the location and types of infrastructure required to service the precincts, in terms of initial lot creation and servicing of individual dwellings.
In relation to stormwater drainage, Precincts G and H fall towards the centralised 40m wide biodiversity open space corridor. The stormwater drainage strategy consists of two separate bio‑retention systems (rain gardens) within the corridor. The proposed stormwater drainage system allows for low flows (up to the 1 year ARI peak flow) to be directed into the bio‑retention rain gardens, while the major flows (greater than the 1 year ARI peak flow) will be discharged into the central trunk drainage channel, ultimately flowing into Surveyors Creek.
Conclusion
The submitted concept plan satisfies the provisions contained in Section E7 Glenmore Park, Part B – Glenmore Park Stage 2 of Penrith Development Control Plan (DCP) 2014. The concept plan provides suitable direction for the future development of Precincts G and H and demonstrates that the relevant provisions of the DCP can be achieved when development of the estate occurs. The concept plan is therefore worthy of Council’s support and it is recommended that the concept plan be endorsed and adopted by Council.
The proposed subdivision for Stages 1 and 2 of Precinct G is consistent with the DCP provisions and the proposed concept plan. It is therefore recommended that the related development application be determined under delegated authority upon finalisation of the development assessment process for this application.
That: 1. The information contained in the report on Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa be received. 2. The Glenmore Park Stage 2 Precincts G & H Concept Plan be endorsed and adopted by Council, subject to a requirement that footpaths be provided on both sides of all roads, apart from laneways and the road verges on the outer perimeter of Precincts G and H. 3. Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa be determined under delegated authority. |
ATTACHMENTS/APPENDICES
Locality Plan |
1 Page |
Attachments Included |
|
DCP Precinct Plan |
1 Page |
Attachments Included |
|
Concept and Staging Plans |
2 Pages |
Attachments Included |
|
Subdivision Plans |
3 Pages |
Attachments Included |
Ordinary Meeting 25 July 2016
5 |
Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys Applicant: Cityscape Planning & Projects; Owner: James Gill & Sons Pty Ltd |
|
Compiled by: Donna Clarke, Consultant 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 occupation of an existing commercial premises as a place of
public worship.
The site is zoned B4 - Mixed Use under Penrith Local Environmental Plan (LEP)
2010 and the change of use to a place of public worship is permitted in the
zone subject to development consent.
The first floor commercial tenancy has an area of 245m² and is proposed to
change to a place of worship comprising two prayer rooms, office and amenities.
The facility is proposed to operate 7 days a week, with limited services
occurring on Tuesday and Wednesday evenings and Saturday afternoon/evening, for
up to a maximum of 80 people. The existing car park below the building will be
utilised with overflow parking available in the public car park to the west.
No amplified music is played and the hours
of operation of the worship component of the proposal are limited to 9pm.
An assessment under Section 79C of the Environmental Planning and Assessment
Act, 1979 (EP&A Act) has been undertaken and the application is recommended
for approval subject to conditions of consent.
Sites & Surrounds
The site is located on the western side of
Queen Street, east of West Lane in St Marys Town Centre (see Attachment 1 -
Locality Plan). It is within 200m of St Marys Railway Station, and a
large open air public carpark exists to the west of the site.
A two storey commercial and retail building exists on the site, with car
parking for 10 vehicles below the rear of the building with access from West
Lane.
The subject tenancy is located on the first floor of the existing
building. Access to the entry stairs is via a pedestrian access way
running between Queen Street and West Lane (refer to Attachment 2 - Site and
Floor Plans).
Proposal
The proposal is for the occupation of the first floor tenancy as a Place of Public
Worship. There is no
increase in floor space proposed or any external alterations to the building.
The tenancy has an area of 245m² and will comprise prayer rooms, office
and amenities operated by Members Church of God International. The floor plan
includes two rooms with a 5.0m wide opening between the rooms.
The use is proposed to operate 7 days a
week for administrative purposes and worship on a smaller scale. The
applicant originally proposed limited worship services for up to a maximum of
80 people occurring as follows:
· Tuesday - 8:30pm to 9:30pm
· Wednesday - 8:30pm to 10:30pm
· Saturday - 3:30pm to 5:30pm
In response to acoustic considerations
raised by Council officers in the assessment of the application, the hours of
formal worship have been amended by the applicant to cease by 9pm as follows:
· Tuesday - 7:30pm to 9.00pm
· Wednesday - 7:30pm to 9.00pm
· Saturday - 2:30pm to 9.00pm
There will be no amplified music, with the
use of a microphone only.
The place of public worship is proposed to service the existing local
community.
The existing car park below the building will be utilised with overflow parking available in the adjoining public car park. Internal works such as partitions are proposed.
Planning Assessment
The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration:
1. Section 79C(1)(a)(i) – The Provisions of Any Environmental Planning Instrument
Penrith Local Environmental Plan 2010
Clause 2.3 Permissibility
The site is zoned B4 - Mixed Use under Penrith LEP
2010. The tenancy is proposed to be changed to a Place of Worship which
is permissible with development with consent.
Clause 2.3 Zone Objectives
The B4 - Mixed Use zone has the following objectives:
· To provide a mixture of compatible land uses.
· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
· To minimise conflict between land uses within the zone and land uses within adjoining zones.
· To create opportunities to improve public amenity.
· To provide a wide range of retail, business, office, residential, community and other suitable land uses.
The proposed changes to the tenancy remains in keeping with the objectives of the zone, by providing a suitable land use in an accessible location to serve the Community. The use as a place of public worship is compatible with the surrounding retail and commercial environment, with main services occurring generally outside of commercial hours of operation.
Potential conflict with nearby residential properties is suitably managed by way of the proposed amended hours of operation with a recommended condition of consent to be imposed to comply with these amended hours with cessation of worship services by 9.00pm (refer Special Condition 2.5).
2. Section 79C(1)(a)(ii) – The Provisions of Any Draft Environmental Planning Instrument
There are no draft environmental planning instruments applying to the site.
3. Section 79C(1)(a)(iii) – The Provisions of Any Development Control Plan
Penrith Development Control Plan 2014
Penrith Development Control Plan (DCP) 2014 is applicable to the site and the proposal generally complies with the objectives and development standards with the DCP. The specific development standards applicable to the proposal are addressed in detail below:-
St Marys Town Centre
The site is located within the Queen Street West Precinct of DCP 2014, Section
E15, Part B - St Marys Town Centre.
The proposed use remains in keeping with the character of the Precinct and will assist in contributing to a vibrant town centre.
Redevelopment of the site is not proposed by this application and as the tenancy does not face directly onto the street, there is no opportunity for activation of the street frontage. The controls relating to new building work including setbacks, building form and vehicular access are not relevant in this instance as no external works are proposed.
Accordingly, the proposed development remains consistent with the provisions of the DCP 2014, Section E15, Part B - St Marys Town Centre.
Car Parking
There is no change proposed to the floor area of the premises. The tenancy has
an area of 245m² proposed to change to a place of worship, with limited
worship occurring on Tuesday and Wednesday evenings and Saturday
afternoon/evening, for up to a maximum of 80 people.
Revised hours of operation associated with the worship services are proposed as
follows:-
· Tuesday - 7:30pm to 9.00pm
· Wednesday - 7:30pm to 9.00pm
· Saturday - 2:30pm to 9.00pm
The existing car park below the building containing 10 spaces will be utilised with overflow parking available in the large public car park to the west.
The car park is a public car park area for
the use of patrons of the broader town centre however the hours of worship
services are outside of the core commercial hours of operation and therefore
the majority of these communal parking spaces are likely to be available for
attendees.
Table C10.2 – Car Parking Rates within Penrith Development Control Plan
2014 provides the following car parking requirements for a place of public
worship:-
· 1 space per 4 seats, or 1 space per 6m2 of gross floor area, whichever is the greater
Based on the floor area of 245m² and
a parking requirement of 1 space per 6m2, the proposal would require
the provision of 41 parking spaces (rounded up). Alternatively, based on
the provision of 80 seats (for a maximum of 80 patrons), the DCP would require
the provision of 20 car parking spaces. As the floor space parking requirement
is the greater amount, under the provisions of the DCP the proposal requires
the provision of 41 car parking spaces.
While the proposed use represents an intensification on the site and a
variation to the DCP parking requirement, the onsite shortfall is justified for
the following reasons:
· The site is located within 200m of St Marys Railway Station enabling access to the site by public transport;
· The proposal is low in intensity and the worship hours of service are outside core commercial operating hours;
· No additional
floor space is proposed and the site is developed to all boundaries such that
no additional parking spaces could be provided on site.
Accordingly, the proposed development remains consistent with the objectives of the DCP 2014, Section C10 – Transport, Access and Parking.
4. Section 79C(1)(a)(iv) – The Provisions of the Regulations
Subject to the imposition of conditions of
consent, the proposal is considered to meet key fire safety considerations as
prescribed under the Environmental Planning and Assessment Regulation 2000.
5. Section 79C(1)(b) – The Likely Impacts of the Development
Context and setting
The existing commercial premises is located in the St Marys Town Centre
and is consistent with the desired character identified in the Precinct Plan.
Site design and internal design
The existing tenancy is located on the first floor of the building.
There is no change to the overall floor space of the premises and the function
of and access to the premises remains unchanged.
Noise
Concerns were initially raised in the assessment of the application regarding
the proposed hours of operation of the worship services with respect to noise
impacts to nearby residential dwellings. A review of aerial photographs of the
locality indicates that a residential area is located approximately 55 metres
west of the proposed development.
The application relies upon use of the public car park to the west. Given the proximity of the car park to the residential properties, concern was raised that this may have a significant impact at night due to the late finishing hours of the worship services three times a week and the associated noise from 80 patrons leaving the service and utilising the car park. It was also noted that it is a public carpark which limits the mitigation measures that could be put in place to reduce the noise impact (such as acoustic barrier fencing).
In response to the acoustic concerns raise, the following advice was received in support of the application:
“Our Congregation does not meet seven (7) days a week. Our Congregational Service meets every Tuesday 7:30pm to around 8:30pm to 9:00pm at the latest. On a Wednesday we hold our Prayer Meeting from 7:30pm to 10:00 pm but as stated in the letter, it was recommended to cease at 9:00pm which we will be complying as advised”.
The applicant and the operators of the Place of Worship have now both agreed to a 9pm restriction, with all patrons exiting the car park by 9.30pm.
Revised worship hours of operation of the
worship service are therefore as follows:
· Tuesday - 7:30pm to 9.00pm
· Wednesday - 7:30pm to 9.00pm
· Saturday - 2:30pm to 9.00pm
Conditions of consent have been recommended to restrict the hours of operation of the major services and exit times from the carpark to ensure residential amenity is maintained (refer Special Condition 2.5).
Safety & Security
The application was considered with regard to Crime Prevention Through Environmental Design (CPTED) and community safety principles. Generally, the area is mixed commercial in nature, with adjacent residential dwellings.
From a community safety perspective, the reduced hours of operation are supported and are considered to be a suitable management measure to protect the amenity of these adjoining residential properties.
In addition, the following safety and security measures are recommended to be imposed as a condition of consent (refer Special Condition 2.2):-
o External entry/exit and storage areas are to be well secured and well lit.
o Provide lockable gates on side and rear access.
o CCTV must be provided at appropriate locations including but not limited to pedestrian access points at both street frontages, the stair entry and basement parking area. 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).
Access
Consideration has also been given to the Access to Premises Standard, which only applies when “new building” or “extensions of existing buildings” requiring building approval (i.e. Construction Certificate) are involved. This proposal is to occupy an existing building and no building works are proposed that require a Construction Certificate.
As no building work is proposed to the premises, the provisions of the Premises Standard are not applicable to the proposed development and an upgrade, including the provision of a lift, is not required.
6. Section 79C(1)(c) – The Suitability of the Site for the Development
The Place of Public Worship makes use of an existing development site is compatible with the commercial/retail zone and subject to restrictions on hours of operation, the site is suitably located. The site is also located within close proximity to St Marys train station ensuring that both private and public transport opportunities are available.
7. Section 79C(1)(d) – Any Submissions made in relation to the Development
In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made.
Community Consultation
In accordance with Chapter 2.7 of the Penrith Development Control Plan the application was notified and exhibited for 14 days between 4 June 2016 to 17 June 2016. One submission was received.
The following issues were raised in the submission received and have formed part of the assessment.
Issue Raised |
Comment |
Questions if worship will occur on a Friday afternoon as this could affect parking for shoppers in Queen Street. |
The proposed hours of worship services are on Tuesday and Wednesday evenings and Saturday afternoon/evening, outside of peak retail/commercial hours and therefore sufficient car parking spaces are likely to be available.
|
Concerned about shoppers being welcome in Queen Street if a secular place of worship is proposed. |
Queen Street is a mixed use town centre. The denomination of the place of worship is not a consideration under the Environmental Planning and Assessment Act 1979. The use is small scale with limited services outside of core retail hours of operation. Members of the Place of Public Worship are likely to help activate Queen Street of an evening. |
8. Section 79C(1)(e) – The Public Interest
The proposed development is consistent with the Objects of the EP&A Act, 1979 in so far as it promotes the co-ordinated, orderly and economic use of the land. As a result Council may be satisfied that the development subject to conditions is consistent with the public interest.
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 Regulations 2000 and has been found to be satisfactory. The proposed use is compatible with the commercial environment and B4 Zone objectives. The likely impacts have been considered and found to be satisfactory and the site is suitable for the proposal which is in the public interest. Subject to the recommended conditions, the proposed development is unlikely to have a significant negative impact on the surrounding environment. The application is therefore worthy of support.
That: 1. The information contained in the report on Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys be received 2. Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys be approved subject to the following conditions of consent: 2.1 Standard Conditions A001 - Approved plans A019 – Occupation Certificate A026 – Advertising Sign A038 – Lighting Locations B003 – Asbestos D009 – Covering of Waste Storage Area D010 – Appropriate disposal of excavated or other waste D014 – Plant and equipment noise. E002 - BCA Issues to be Addressed E009 - Annual fire safety-essential fire safety E01A - BCA compliance for Class 2-9
Special Conditions
2.2 The following measures should be incorporated into the development where appropriate to enhance security:
o External entry/exit and storage areas are to be well secured and well lit. o Provide lockable gates on side and rear access. o CCTV must be provided at appropriate locations including but not limited to pedestrian access points at both street frontages, the stair entry and basement parking area. 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).
2.3 There are to be no more than 80 people on the premise (Place of Worship) at any given time.
2.4 During operational hours of the worship services at the Place of Worship, all doors and windows are to remain closed.
2.5 The operating hours of the worship services associated with the Place of Worship are restricted to: o Tuesday - 7:30pm to 9.00pm o Wednesday - 7:30pm to 9.00pm o Saturday - 2:30pm to 9.00pm The operation of the Place of Worship at other times for administration and small prayer groups are restricted to: o 7 days a week from 7.00am to 9.00pm
All patrons must be vacated from the adjoining public car park by 9:30pm
2.6 No amplified music is to be played within the Place of Worship.
|
ATTACHMENTS/APPENDICES
Locality Plan |
1 Page |
Appendix |
|
First Floor Plan |
1 Page |
Appendix |
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Outcome 3 - We can get around the City
Item Page
6 Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations 35
7 2016-17 Safer Roads Program - Acceptance of Project Funding 39
8 Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017 41
9 Roads and Maritime Services (RMS) 2016/17 Road Funding Grants 44
10 Roads and Maritime Services (RMS) 2016/17 REPAIR Program (Rehabilitation) Road Funding Grant 46
Ordinary Meeting 25 July 2016
6 |
Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations |
|
Compiled by: David Drozd, Traffic Engineering Co-ordinator
Authorised by: Adam Wilkinson, Engineering Services Manager
Outcome |
We can get around the City |
Strategy |
Provide a safe, efficient road network supported by parking |
Service Activity |
Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities |
Executive Summary
The purpose of this report is to advise Council of projects nominated under the Australian Government Blackspot Program and NSW Safer Roads Program 2017/18. The report recommends that the nominated projects submitted to the NSW Black Spot Consultative Panel of the Roads and Maritime Services (RMS) are endorsed.
Background
The RMS has invited Council to identify and nominate new conforming projects for the Australian Government Blackspot Program and NSW Safer Roads Program 2017/18, and to forward its submissions to the NSW Black Spot Consultative Panel by Friday 29 July 2016.
The Black Spot Program is part of the commitment to reduce crashes on Australian roads. Road crashes are a major cost to Australians every year. Black Spot projects target those road locations where crashes are occurring. By funding measures such as traffic signals and roundabouts at dangerous locations, the program reduces the risk of crashes. Programs of this sort are very effective, saving the community many times the cost of the relatively minor road improvements that are implemented.
The Black Spot Program makes an important contribution in reducing the national road toll under the National Road Safety Strategy and Action Plan. The Australian Government has committed $500 million to the Black Spot Program from 2014-15 to 2018-19.
In order to simplify the nomination process for 2017/18 a single project proposal form has been developed to apply for projects under the Australian Government Black Spot Programme and the following NSW Government Safer Roads Sub-Programs as follows:
• State Black Spot
• Run-Off Road and Head-On
• Pedestrian Safety
• Local Government Road Safety
• Motorcycle Safety
• Intersection Safety
• Cycling Safety
To be eligible the project will be required to meet the minimum criteria of individual program areas. Only casualty crash data will be used when calculating the safety BCR, whereas traditionally all crashes were used. Furthermore a minimum 3 casualty crashes are required for a Black Spot or length under the National Program, and 2 casualty crashes under the Safer Roads program.
Project Funding Limitations
The Australian Government contribution for any crash conforming project will be no greater than $2,000,000. However, emphasis is on low-cost and high-return projects. The minimum project cost that will be considered by the Consultative Panel is $10,000 for rural LGAs and $20,000 for urban LGAs. For Road Safety Audit nominations (that is, nominations submitted for locations without a crash history) that cost more than $300,000 will not be considered.
Current Situation
The following seven projects, listed in Table 1 (below), are proposed to be submitted by Council’s traffic section for nomination under the Australian Government Blackspot Program and NSW Safer Roads Program 2017/18.
Analysis of the accidents is based on the RMS recorded accident data available to Council for the five-year period from 1 July 2010 to 30 June 2015. Nominated projects were prioritised according to the number of injury crashes that had occurred over the five-year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.
Projects were shortlisted from the total list of identified locations in the Local Government Area (LGA) that met the minimum eligibility criteria for the program. Of these locations, the highest risk locations were more thoroughly examined, with remediation treatments and estimated costs attributed to each project. The final list of projects offers the Penrith LGA the greatest yield in terms of accident savings for the nomination year.
In addition to project sites listed in Table 1, Council Officers are also currently investigating sites that may be eligible for funding under the Cycling Safety sub programme of the Safer Roads package. As a new sub-program, treatments and values required for economic evaluation are still being developed by the RMS and as such a completed BCR model is not required for nominations to the Cycling Safety 2017/18 funding round.
TABLE 1.
List of Projects to be submitted to the RMS under the
‘Australian
Government Blackspot Program and NSW Safer Roads Program 2017/18’
|
Street |
Intersection |
Injury Crashes |
Suggested Improvements
|
Cost |
BCR |
1 |
Nutt and Taylor Road, Londonderry |
200m Black Spot 100m north and 100m south of Nutt / Smeeton / Taylor Rd intersection |
3 |
Rural widening at bend, Wire rope, Painted MIST, CAM's |
$ 365,000 |
8.57 |
2 |
Mamre Road, St Clair |
Solander Drive |
3 |
Lighting upgrade, MIST in Solander with Limit line moved forward using Paint Markings |
$ 65,000 |
7.09 |
3 |
Bringelly Road, Kingswood |
Smith Street |
3 |
Single lane roundabout |
$ 235,000 |
5.98 |
4 |
Bennett Road, St Clair |
Shepherd Road |
8 |
Provide speed attenuation on approaches to Roundabout, remove sight distance impediments at intersection |
$ 125,000 |
5.51 |
5 |
Doonmore Street, Penrith |
Lethbridge Street |
3 |
Single lane roundabout |
$ 265,000 |
5.14 |
6 |
Colless Street, Penrith |
Derby Street |
3 |
Single lane roundabout |
$ 180,000 |
5.06 |
7 |
Kurrajong Road, St Marys |
100m Blackspot between MAPLE Rd & PLASSER Cr |
5 |
1 x Roundabout, at Plasser, Move limit line forward using blisters at Maple |
$ 215,000 |
5.02 |
8 |
Cook Parade, St Clair |
100m Black Spot B/w Mcyintyre Ave and Pine Creek |
4 |
Single lane roundabout at Mcyintyre, MIST at Pine Creek incorporating Stop Sign and Limit line moved forward using Paint Markings |
$ 150,000 |
4.84 |
|
|
|
|
TOTAL |
$ 1,600,000
|
|
As part of the review of available accident data, consideration was given to the broader road network. So, in addition to sites on Council’s road network, it is noted that the locations under the RMS control and management, as shown in Table 2 (below), have a high accident history resulting in multiple casualties.
The RMS will be advised that these locations on its Arterial Road Network should be investigated as a matter of priority due to their high casualty accident rates. It is understood that the intersection of The Northern Road / Frogmore Road and Tukara Street is also a high priority accident site without traffic controls, and it sits just outside this list with 7 casualty accidents. This intersection will however be treated under the Federal/State Governments $3.6 Billion Western Sydney Infrastructure Plan.
In consideration of the list (Table 2), it should also be noted that, the intersection of The Northern Road and Andromeda Drive (State Road intersection) will be treated with Traffic Signals under the 2016-17 Safer Roads Blackspot Program, with detailed design and service investigation work currently underway by the RMS.
TABLE 2.
List of Sites Under RMS Control & Management
Item |
Primary Road |
Intersecting Street |
Total Number of Casualty Accidents (5 yrs) |
1 |
M4 |
THE NORTHERN |
20 |
2 |
MULGOA |
M4 |
18 |
3 |
MAMRE |
SADDINGTON |
15 |
4 |
MULGOA |
JAMISON |
15 |
5 |
THE NORTHERN |
ANDROMEDA |
14 |
6 |
PARKER |
DERBY |
13 |
7 |
MAMRE |
HALL |
12 |
8 |
GREAT WESTERN |
PARKER |
11 |
9 |
MAMRE |
ERSKINE PARK |
11 |
10 |
PARKER |
COPELAND |
11 |
Conclusion
The projects listed in Table 1 are Council’s highest priority sites and as such will be submitted to RMS for their consideration. Further, the RMS will be requested to investigate traffic safety at those sites listed in Table 2.
That: 1. The information contained in the report on Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations be received. 2. Council note the eight projects listed in Table 1 of this report are to be submitted to the Roads and Maritime Services for funding under the Australian Government Blackspot Program and NSW Safer Roads Program 2017/18. 3. The Roads and Maritime Services be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in Table 2 of this report. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
7 |
2016-17 Safer Roads Program - Acceptance of Project Funding |
|
Compiled by: Ruth Byrnes, Senior Traffic Officer
Authorised by: Adam Wilkinson, Engineering Services Manager
Outcome |
We can get around the City |
Strategy |
Provide a safe, efficient road network supported by parking |
Service Activity |
Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities |
Executive Summary
The purpose of this report is to advise Council of the funding offer obtained under the NSW Government’s “2016/17 Safer Roads Program- Cycling Safety”. The report recommends that Council accept the funding offered under this program.
Background
At its meeting of 23 May, 2016, Council considered a report on the 2016/17 “Australian Blackspot and Active Transport Programs – Acceptance of Project Funding” and resolved to accept the $837,500 offered for the seven successful Black Sport Projects and $500,000 offered for the Active Transport Priority Cycleways Project.
Current Situation
By letter dated 24 June, 2016, Roads and Maritime Services has advised that Council has also been successful in gaining funding in the “Safer Roads Program – Cycling Safety” for cycle infrastructure. This program is a new funding stream and separate to the Active Transport Program. The program funds infrastructure which is justifiable as a result of recorded cycling accidents in a locality. Funding for 2016/17 is offered as shown in Table 1 below.
Project Number |
Project Description |
Allocation |
S/08920 |
Maxwell Street, Penrith – Cycling Safety
Provide a cycling and pedestrian refuge in Maxwell Street, plus shared-use path in Maxwell Street between The Northern Road and the proposed refuge. |
$500,000 |
|
Total |
$500,000 |
The funding allocation of $500,000 is 100% funded and there is no financial contribution required by Council for this project in the 2016/17 financial year. A condition of acceptance is that all projects must be completed on prior to 30 April, 2017.
Financial Services Manager’s Comments
Funding offered by RMS is 100% and no matching funding is required by Council. There is capacity within the existing 2016/17 program to deliver this project.
Conclusion
This is a new stream of funding available for Council and it is significant to assist in remediating cycling accidents, as well as add to Council’s network of bicycle and pedestrian infrastructure.
That: 1. The information contained in the report on 2016-17 Safer Roads Program - Acceptance of Project Funding be received. 2. Council accept grant funding of $500,000 for the Safer Roads Program -Cycling Safety Project shown in Table 1, under the 100% State funding program for 2016/17 financial year. 3. Council write to the Minister for Roads, Maritime and Freight, and Local Members thanking them for their continued support of road safety and cycling improvements. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
8 |
Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017 |
|
Compiled by: Catherine Waerner, Road Safety Officer
Authorised by: Adam Wilkinson, Engineering Services 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 |
Executive Summary
The purpose of this report is to advise Council of the grants offered by Roads and Maritime Services (RMS) under the Local Government Road Safety Program. The report recommends that Council accept the grants, as outlined in the report, for various road safety initiatives including support for speed enforcement, a new program to prevent driving whilst fatigued, child restraint checking days and young drivers.
Background
The goal of the RMS’ Local Government Road Safety Program (LGRSP) is to reduce the incidence and severity of crashes by supporting Local Government road safety projects.
Road Safety projects are developed to target behavioural road safety issues and are funded through the LGRSP. Project priorities are identified from local crash data analysis undertaken by Council's Road Safety Officer. The crash analysis shows a continuing downward trend in crash and casualty statistics across the Penrith LGA.
Current Situation
All funding submissions to the RMS for 2016 - 2017 have been successful. Four projects with a total funding of $11,000 have been approved, all of which are on-going projects and support existing local and RMS road safety priorities. In addition, the RMS has approved extra funding for a fifth project to the value of $2,000, as outlined below. This brings the total road safety grant funding to $13,000.
The RMS grant funded road safety projects for 2016 - 2017 are as follows:
Key Area - Speed Related Crashes
Local speed enforcement operations by NSW Police will be supported with courtesy speed checks and local media advertising. Grant funding will be allocated for local media advertisements and printed materials. Funding from RMS $4,400.
Key Area - Fatigue Related Crashes
A ‘Fatigued driving prevention’ program will be introduced to Penrith in 2016- 2017, due to a rise in local fatigue related crashes. Local shift workers and local drivers will be targeted with road safety education about planning rest breaks and travel with care. Grant funding will be allocated for local media advertisements and printed materials. Funding from RMS $2,100.
Please note that this new fatigue themed project has replaced an annual drink drive project. In the future, drink drive and fatigue will be featured in alternate financial years to cover both these important road safety themes on a regular basis. Some functions of the regular drink drive project, such as distribution of free coasters to local licenced venues, will still take place in 2016 – 2017.
Key Area - Vulnerable Road Users
Child Restraint Checking Days will be conducted on three occasions this financial year. The aim of the checking day is to promote the correct use and installation of child restraints. Inspections will be carried out by an authorised fitter in order to identify and adjust any unsafe fittings. Inspections are a free service to attendees of the checking day and the grant funding is allocated to promotion of the program through local media and to provision of the fitting service. Funding from RMS $3,000.
Key Area - Young Drivers
“Helping Learner Drivers become Safer Drivers” Workshops will again be conducted on three occasions during the year for parents/supervisors of learner drivers. The Workshops offer practical advice on planning relaxed and effective driving lessons, completing the Learner Driver Log Book, the benefits of driving practice and laws relating to Learner and Provisional Licence holders. Workshops are promoted through local newspapers, Council’s website and Facebook page and correspondence to all local high schools. Funding from RMS $1,500.
Additional funding
An additional road safety education campaign supporting Council’s Blackspot Program has been approved by the Roads and Maritime Services for a third financial year. A new theme of “Preventing Right Turn Crashes” has been developed for this year. Grant funds are allocated towards website and animation clip development. Funding from RMS $2,000.
Financial Services Manager’s Comments
The funding offered by RMS is 100% and no matching funding is required by Council. Further, the projects are supported by Council in-kind through the provision of Council’s Road Safety Officer to implement the programs.
Conclusion
Council’s Road Safety Program is firmly established, with an annual statistical analysis of traffic crashes providing an evidence base for prioritisation of activity. RMS grant funding of $13,000 has been awarded for road safety projects for 2016 - 2017. The grant funding for 2016 – 2017 from the RMS targets the local road safety priorities of minimising speeding and fatigued driving behaviour, encouraging the use of child car seats and supporting young drivers. Funding also targets the extra priority of preventing right turn crashes.
That: 1. The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017 be received. 2. Council accept the grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $13,000, as outlined in the report.
3. Council write to the Minister for Road, Maritime and Freight, and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
9 |
Roads and Maritime Services (RMS) 2016/17 Road Funding Grants |
|
Compiled by: Patrick Robles, Management Accountant
Authorised by: Hans Meijer, Asset Manager
Outcome |
We can get around the City |
Strategy |
Provide a safe, efficient road network supported by parking |
Service Activity |
Construct, manage and maintain Council's roads, drains, bridges and paths |
Executive Summary
The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2016/17 Road Funding Grants. RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related matters.
The report recommends that Council accepts the grants offered.
Background
RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related issues.
Advice has been received from RMS of the following grants for 2016/17:
Regional Road (block grants)
The Regional Road Block Grant is made up of the following components:
- Road component: Allocated to maintenance work on Regional Roads. The allocation for 2016/17 has been indexed by RMS at 2.0% above the 2015/16 allocation amount;
- Supplementary Road Component: This is available for road works, as determined by Council, on regional roads. In 2016/17 this component is allocated to the Rural Roads Widening Program for the resurfacing of Castlereagh Road, Castlereagh (continuing 400m from works completed in 2015/16) and was included in the adopted 2016/17 Operational Plan. This allocation is not indexed and is the same as the amount allocated in previous years;
- Traffic Facilities Component: For the installation and maintenance of regulatory signs and lines on local and regional roads. The allocation for 2016/17 has been indexed by RMS at 2.0% above the 2015/16 allocation amount.
RMS advises that the following 2016/17 Program Funding is available to Council:
Regional Roads |
2016/17 |
Basis of grant |
Block Grant- Road Component |
$509,000 |
100% |
Block Grant – Supplementary Road Component |
$156,000 |
100% |
Block Grant – Traffic Facilities Component |
$462,000 |
100% |
Total allocation to Penrith City Council: |
$1,127,000 |
|
That: 1. The information contained in the report on Roads and Maritime Services (RMS) 2016/17 Road Funding Grants be received. 2. The RMS 2016/17 Program Funding Block Grant of $1,127,000 be accepted. 3. The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2016/17”. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
10 |
Roads and Maritime Services (RMS) 2016/17 REPAIR Program (Rehabilitation) Road Funding Grant |
|
Compiled by: Patrick Robles, Management Accountant
Authorised by: Hans Meijer, Asset Manager
Outcome |
We can get around the City |
Strategy |
Provide a safe, efficient road network supported by parking |
Service Activity |
Construct, manage and maintain Council's roads, drains, bridges and paths |
Executive Summary
The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2016/17 REPAIR Program Road Funding Grant. RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.
The report recommends that Council accepts the grants offered.
Background
RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.
Advice has been received from RMS of the following grant for 2016/17:
Regional Road (REPAIR program)
Council can access a 50% contribution for specific works on Regional roads under the REPAIR Program. Penrith City Council’s allocation under this program in recent years has been as follows:
2015/16: $300,000
2014/15: $300,000
2013/14: $404,106
2012/13: $300,000
2011/12: $250,000
RMS has advised that Council has been successful in achieving the maximum amount of $300,000 in the 2016/17 REPAIR Program. The allocation consists of $150,000 toward the reconstruction of Dunheved Road between Trinity Drive and Tasman Street, Cambridge Gardens and $150,000 toward the reconstruction of road pavement at the roundabout at Christie Street and Forrester Road, St Marys.
Council has the matching funds available and both of these locations were listed in the road reconstruction program, adopted as part of the Operational Plan at the Ordinary meeting on 27 June 2016.
That: 1. The information contained in the report on Roads and Maritime Services (RMS) 2016/17 REPAIR Program (Rehabilitation) Road Funding Grant be received. 2. Council accept the grant of $150,000, offered under the 2016/17 Roads and Maritime Services REPAIR Program, for the reconstruction of Dunheved Road between Trinity Drive and Tasman Street, Cambridge Gardens. 3. Council accept the grant of $150,000, offered under the 2016/17 Roads and Maritime Services REPAIR Program, for the reconstruction of the road pavement at the roundabout at the intersection of Forrester Road and Christie Street, St Marys. |
ATTACHMENTS/APPENDICES
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Outcome 4 - We have safe, vibrant places
Item Page
11 RFT 15/16-14 Alterations and Associated Works, Emu Plains 51
12 RFT 15/16-18 Triangle Park, Public Amenities 55
13 Union Road, Penrith - Request for Proposal 58
14 Unsolicited Proposal to Purchase Council-Owned Land - St Marys 60
Ordinary Meeting 25 July 2016
11 |
RFT 15/16-14 Alterations and Associated Works, Emu Plains |
|
Compiled by: Rosemarie Canales, Architectural Supervisor
Authorised by: Michael Jackson, Design and Projects Manager
Outcome |
We have safe, vibrant places |
Strategy |
Improve our public spaces and places |
Service Activity |
Provide designs and plans for Council's parks, buildings, roads and drains |
Executive Summary
The Tender (RFT15/16-14) for the Alterations and Associated works, Emu Plains was advertised in the Western Weekender on 27 May 2016 and on the e-tendering website and in the Sydney Morning Herald on 31 May 2016. The tender closed on 27 June 2016.
This report advises Council of the outcome of the tender process and recommends that the tender for the construction works from Auscorp Construction Pty Ltd, be awarded the contract for a contract sum of $285,850.00 ex GST
Background
The Emu Village OSH service, offering before and after school and vacation care for children of school age (5-12 years), commenced operations in 1983.
The existing Emu Village OSH service, at its current location in the former Emu Plains Public School building, does not meet the requirements of the new legislation particularly in the areas of access, kitchen, bathroom and toilet facilities for children and staff. This has been foreshadowed with the Board that manages Children’s Services on behalf of Council.
From January 2012, services such as the Emu Village OSH are captured within the scope of the new National Law and Regulations for the children’s services sector. This is similar to Approved Services (like long day care) for 0-5 year olds. These new legislative instruments identify the space requirements and facilities to be provided for children and staff in such Approved Services.
In order to satisfy the new demand and infrastructure requirements The Emu Village Out of School Hours (OSH) service will be located in the former Emu Plains Library building in Lawson Street, Emu Plains. The Emu Village OSH service, will offer before and after school and vacation care for children of school age (5-12 years). The existing Toy Library will also continue to operate out of the building in tandem with the relocated OSH service, after refurbishments have been completed.
The advertised Tender (RFT 15/16-14) for Alterations and Associated Works, Emu Plains sought tenders from suitability experienced Building Contractors to carry out the following alterations and additions:
· Demolition of some internal walls
· Construction of new toilet facilities including Accessible toilet with shower.
· Laundry area
· Art Room
· Office
· Enclosure of perimeter verandah
· New Air-conditioning Services
· New Lighting
Tender Evaluation Process
Tenderers were required to submit their tender either by using the APET 360 online portal or as a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria.
The Tender Evaluation Panel consisted of Laura Schuil (Supply Officer- Contracts) Rosemarie Canales (Architectural Supervisor), Jade Bradbury (Children Service Business Co-ordinator) and was chaired by Michael Jackson (Design & Project Manager).
The selection criteria advertised and used in assessing the tenders included the following:
· Business References;
· Demonstrated Ability;
· Works Method and Program;
· Financials;
· Employment Policies;
· Quality Assurance Systems;
· Environmental Management Systems; and
· Work, Health & Safety.
Tender Review
Eight (8) tenders were received however three (3) were deemed non-complying. The complying tenders received are listed below in apparent price order before any assessment of their compliance and capabilities. All prices are exclusive of GST.
Company |
Tendered Price (ex GST) |
Address |
Directors/ Shareholders |
Auscorp Construction Pty Ltd |
$285,850.00 |
Unit 5/7 Butterfield St, Blacktown NSW 2148 |
Ian Salt Clinton Etheridge |
Elite Commercial Solutions Pty Ltd |
$314,094.00 |
PO Box 7236, South Penrith, NSW, 2750 |
John Garatshun |
Camporeale Holdings Pty Ltd |
$358,700.00 |
Unit 12/59-69 Halstead Road, South Hurstville, NSW, 2221 |
Michael Camporeale |
Maico Property Service Pty Ltd |
$374,000.00 |
Unit 52, 45 Powers Road, Seven Hills, NSW, 2153 |
Lyndon Stafford |
Westco Building Consultants Pty Ltd |
$422,485.00 |
29/29 Coombes Drive, Penrith, NSW, 2750 |
John Cooper |
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 solution with competency in technical aspects of the Tender.
Evaluation of Shortlisted Tenders
Based on the identified criteria the following two (2) tenderers were shortlisted:
· Auscorp Constructions Pty Ltd
· Elite Constructions Pty Ltd.
The shortlisted tenders were subjected to an independent financial evaluation and were contacted by the Tender Evaluation Panel to confirm their understanding of the scope and answer any minor queries arising from their submission. The Tender Evaluation Panel is of the view that each shortlisted tenderer demonstrated that they fully understood the scope of works.
Auscorp Construction Pty Ltd has been selected based on their compliance with the tender evaluation criteria, their demonstrated ability to meet Council’s requirements and competitive price for the services offered.
Auscorp Construction Pty Ltd are a construction company based in Western Sydney, with their office located at Bella Vista NSW. Auscorp Construction Pty Ltd service a number of Local Government and State Government clients such as: NSW Public Works, Department of Education, Sydney Water, Railcorp, Health NSW, NSW Police, NSW Fire and Rescue, Hills Shire Council, Campbelltown Council. Auscorp Constructions Pty Ltd have carried out work for Penrith Council in recent years including the construction of Recreation Amenities at Blair Oval for the BMX Club.
The Tender Evaluation Committee recommends Auscorp Constructions Pty Ltd be awarded the Tender.
Acting Financial Services Manager’s Comment
Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Auscorp Constructions Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. No concerns were raised as to the ability of Auscorp Constructions Pty Ltd to perform the works described. The tendered amount of $285,850 can be accommodated using the Children Services internal reserve and a contribution from the 2016-17 Building Asset Renewal Program.
Tender Advisory Group (TAG) Comment
The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and the Acting Governance Manager, Adam Beggs met to consider RFT 15/16-14 Alterations and Associated Works, Emu Plains After requesting further details concerning the assessment of tenders the TAG supports the recommendation in this report.
That: 1. The information contained in the report on RFT 15/16-14 Alterations and Associated Works, Emu Plains be received 2. The tender for the construction works for Alterations and Associated works at Emu Plains for the amount of $285,850.00 (ex GST) from Auscorp Constructions Pty Ltd be accepted. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
12 |
RFT 15/16-18 Triangle Park, Public Amenities |
|
Compiled by: Rosemarie Canales, Architectural Supervisor
Authorised by: Michael Jackson, Design and Projects Manager
Outcome |
We have safe, vibrant places |
Strategy |
Improve our public spaces and places |
Service Activity |
Manage the construction, renewal and maintenance of Council's buildings and facilities |
Executive Summary
The tender (RFT 15/16-18) for the construction the construction of the Triangle Park Toilet Amenities, Penrith was advertised in the Western Weekender on 20 May 2016 and on the e-tendering website and in the Sydney Morning Herald on 24 May 2016. The tender closed on 15 June 2016.
This report advises Council of the tender process and recommends that the tender from The Almar Group Pty Ltd trading as API Commercial, be awarded for a contract sum of $143, 760.00 ex GST.
Background
Public Toilet amenities have been identified as a necessity to support both The Triangle Park and the community of the Penrith City Centre.
The park located at the western end of the city centre, at the junction of High and Henry Street is providing Penrith an opportunity to create a unique city centre identity and a sense of place. A number of community functions have taken place in the park however there are no public amenities within the immediate area.
The opportunity to construct public amenities arose following a vacancy within a retail outlet in the arcade at 564 High Street.
The scope of works tendered is for the conversion of the Shop tenancy to a public amenity including:
1 x Male Toilet (2 x cubicles)
1 x Female Toilet (2 cubicles)
1 X Accessible Toilet including Adult Change Table and hoist.
The accessible toilet will also include an Adult Change table and hoist. The inclusion of this fixture aligns with Penrith Council’s commitment and progress with regard to inclusion of people with a disability in the community.
Tender Evaluation Process
The advertised Tender (RFT 15/16-18) for Triangle Park Public Amenities sought tenders from suitability experienced Building Contractors to carry out the minor demolition, construction of toilet amenities.
In response to the Council’s request for tender, eight (8) complying tenders were received electronically via APET360 online portal. Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria.
The Tender Evaluation Panel consisted of Laura Schuil (Supply Officer- Contracts) Rosemarie Canales (Architectural Supervisor), and was chaired by Michael Jackson (Design & Project Manager). The selection criteria advertised and used in assessing the tenders included the following:
· Business References;
· Demonstrated Ability;
· Works Method and Program;
· Financials;
· Employment Policies;
· Quality Assurance Systems;
· Environmental Management Systems; and
· Work, Health & Safety.
Tender Review
The tenders received are listed below in price order before any assessment of their compliance and capabilities. All prices are exclusive of GST.
Company |
Tendered Price (ex GST) |
Address |
Directors/ Shareholders |
The Almar Group Pty Ltd, trading as API Commercial |
$143,760.00 |
9 Pullman Place, Emu Plains, New South Wales, 2750 |
Mark Simpson Ben Simpson Athol Simpson |
ARCS Building Group Pty Ltd |
$177,263.00 |
Unit 5, 7-8 Altair Place, Jamisontown, NSW, 2750 |
Phillip Grueff Robyn Grueff |
CAMPOREALE Holdings |
$193,700.00 |
Unit 12/59-69 Halstead Road, South Hurstville, NSW, 2221 |
Michael Camporeale |
WESTCO Buildings Consultants Pty Ltd |
$205,340.00 |
29/29 Coombes Drive, Penrith, NSW, 2750 |
John Cooper |
AUSCORP Construction Pty Ltd |
$213,270.00 |
Unit 5/7 Butterfield St, Blacktown NSW 2148 |
Ian Salt Clinton Etheridge |
ELITE Commercial Solutions |
$211,007.00 |
PO Box 7236, South Penrith, NSW, 2750 |
John Garatshun |
CLASSIC Group Pty Ltd |
$236,339.00 |
Unit 8/22 Hudson Avenue, Castle Hill, NSW, 2154 |
Shane Goodrum |
CALIBRE Construction Management |
$266,497.00 |
3/56 Abena Ave, Crace ACT 2911 |
Andrew Bennett Yucel Cetinay Jason Croker |
All eight (8) tenders received, were evaluated against the following selection criteria to determine their ranking.
1) Compliance with the tender evaluation criteria,
2) Demonstrated ability to meet Council’s requirements; and
3) Competitive price for the services offered.
Evaluation of Shortlisted
Tenders
Based on the selection criteria the following two
(2) were shortlisted:
API Commercial
Arcs Building Group Pty Ltd
Both selected tenders hachieved generally high effectiveness ratings in the evaluation. Reference checks were carried out on past projects completed.
The tenderers were contacted by the Tender Evaluation Panel to confirm their understanding of the scope and answer any minor queries arising from their submission. The Tender Evaluation Panel is of the view that each shortlisted tenderer demonstrated that they fully understood the scope of works.
The recommended company API Commercial was selected based on their compliance with the tender evaluation criteria, their demonstrated ability to meet Council’s requirements and competitive price for the services offered.
API Commercial is a construction company based in Emu Plains. The company profile identifies their focus on “wet area transformation”, with numerous projects carried out for State and Local Government institutions, providing toilet upgrades and conversions for accessibility to comply with AS1428.1.
The Tender Evaluation Committee recommends API Commercial be awarded the Tender.
Acting Financial Services
Manager’s Comment
Included in the assessment of tenders was the commissioning of independent
reference checks, financial analysis, and performance analysis on The Almar
Group Pty Ltd, trading as API Commercial. These checks were completed by
Corporate Scorecard Pty Ltd and have been reviewed by Financial Services.
No concerns were raised as to the ability of API Commercial to perform the
works described. The tendered amount of $143,760 can be accommodated within the
2016-17 Operational Plan funded by the City Centres Improvement Program.
Tender Advisory Group (TAG)
Comment
The Tender Advisory Group consisting of the Chief Governance Officer,
Stephen Britten and the Acting Governance Manager, Adam Beggs met to consider RFT
15/16-18 Triangle Park, Public Amenities. The TAG supports the
recommendation in this report.
That: 1. The information contained in the report on RFT 15/16-18 Triangle Park, Public Amenities be received. 2. The tender for the construction works for Alterations and Associated works at Triangle Park Amenities for the amount of $143,760.00 (ex GST) from The Almar Group Pty Ltd trading as API Commercial be accepted. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
13 |
Union Road, Penrith - Request for Proposal |
|
Compiled by: David Ellks, Property Projects Co-ordinator
Authorised by: Kylie Powell, Economic Initiatives Manager
Outcome |
We have safe, vibrant places |
Strategy |
Grow and revitalise our centres and neighbourhoods |
Service Activity |
Utilise Council's property portfolio to stimulate growth and development opportunities in the City |
Executive Summary
The purpose of this report is to seek Council approval to proceed with the Request for Proposal stage for Union Road, Penrith. The Expression of Interest stage produced strong ideas from experienced, capable developers for development of the site with a mix of uses and an additional 1,000 public parking spaces.
The next step is to conduct the Request for Proposal stage which requires proponents to undertake detailed design and feasibility work to develop their ideas into viable concepts that can deliver on Council’s objectives. As part of the Request for Proposal stage, Council staff will prepare a reference design with financial feasibility. This will assist in expressing Council’s expectations in the Request for Proposal document, and provide a base project against which Council can assess the quality and value for money of proposals.
Background
To deliver priority actions in Penrith Progression, Council resolved on 28 September 2015 to commence a two stage Expression of Interest (EOI) / Request for Proposal (RFP) process for both Reserve Street and Union Road. The purpose of the EOI stage was to invite developers to submit ideas on how Council’s objectives could be achieved and demonstrate their capability and capacity to deliver. The RFP stage is for developing the ideas into workable concepts that are commercially viable.
For the Union Road EOI, Council encouraged bold and innovative solutions for mixed use development on Union Road East (3,836m2) and / or Union Road West (15,627m2). Proposals involving Union Road West were required to provide an additional 1,000 public parking spaces.
The EOI was released on 19 November 2015 and closed on 17 February 2016. It produced quality ideas involving both Union Road East and West (the Site) from developers with proven track records. The responses propose a mix of residential apartments, complementary retail and office / commercial uses, quality public domain and an additional 1,000 public parking spaces.
The Property Development Advisory Panel recommended that a structured interview with the proponents was required to conclude the EOI process, and that external development / project management expertise was required to guide and support Council with the RFP. The proponent interviews were conducted on 28 April 2016, and Casiluma Pty Ltd has been engaged to guide and assist with the preparation of the RFP document.
Request for Proposal Stage
To confirm the proposals can be developed into viable concepts that are likely to be realised within acceptable timeframes, the next stage is to ask proponents to undertake detailed design and feasibility work that can be compared and evaluated. The proposals will need to address Council’s objectives and requirements, demonstrate commercial viability, propose the allocation of key risks and outline the terms under which the development will be delivered.
Council staff will also prepare a reference design with financial feasibility, which will:
· express Council’s expectations on the potential of the Site and its integration with the surrounding area
· inform preparation of the RFP document on urban design, engineering and commercial objectives and principles
· provide a reference project to assist in determining the quality and value for money of the proposals
· maintain a competitive bid process should a proponent decide not to submit a proposal.
Council’s Parking Strategy looks at short, medium and longer term actions to manage parking into the future. Critically, it is about balancing the needs of shoppers who need convenient access to businesses and services in the City Centre; workers who need parking close to the City Centre; and commuters who need long-day parking close to the station. As Penrith grows, the number of parking spaces will increase and will be located in a number of multi-storey structures in Union Road, Soper Place and Judges Car Park.
In 2-3 years, the proposed development of this site will provide a new decked car parking structure to service the City Centre. It is acknowledged that there will be some disruption during construction, and appropriate interim parking options will need to be put in place.
Following assessment of the proposals received as a result of this RFP stage, Councillors will be briefed, and recommendations developed on whether to proceed to negotiations with a preferred proponent or pursue another approach and program for the development of the Site.
Budget
At its 28 September 2015 Ordinary Meeting Council approved a budget of $180,000 for the Reserve Street and Union Road EOI / RFP process. The budget remains adequate for the works needed at this point to complete the Reserve Street and Union Road RFP processes.
Conclusion
The RFP process does not commit Council to entering into a contract. It is anticipated that a Councillor briefing, and recommendations on the way forward, would be arranged in October / November 2016.
That: 1. The information contained in the report on Union Road, Penrith - Request for Proposal be received. 2. Council proceed with the Request for Proposal stage for Union Road, Penrith. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 25 July 2016
14 |
Unsolicited Proposal to Purchase Council-Owned Land - St Marys |
|
Compiled by: Angus Fulton, Property Development Manager
Matthew Rose, Senior Planner
Authorised by: Andrew Moore, Chief Financial Officer
Ruth Goldsmith, Executive Manager - City Economy and Planning
Outcome |
We have safe, vibrant places |
Strategy |
Grow and revitalise our centres and neighbourhoods |
Service Activity |
Utilise Council's property portfolio to stimulate growth and development opportunities in the City |
Executive Summary
Mirvac has made an unsolicited proposal to purchase Council owned land in St Marys Town Centre (the Proposal), including Lang and Kokoda Parks and the car parking located in West Lane (the Land). Council’s consideration of the Proposal is guided by its adopted Policy on Unsolicited Proposals to Purchase Council Owned Land (the Policy), which establishes a fair, consistent and transparent approach for managing unsolicited proposals.
A determination is sought from Council as to whether to deal in the land, and whether to directly negotiate with Mirvac of the Proposal to purchase the land, on the basis of the preliminary assessment of the Proposal undertaken against the Policy criteria.
Background
On 18 April 2016 Council resolved to change the classification of Council owned land in the St Marys Town Centre (the Town Centre), including the Land, from Community to Operational. The proposed reclassification, when complete, will allow Council and the community to consider new opportunities to stimulate and grow the Town Centre in the manner envisaged by the adopted St Marys Town Centre Strategy (2006) and supporting Masterplan (2007). The NSW Minister for Planning is currently considering the proposed reclassification.
In resolving to reclassify the Land, Council adopted a set of strategic objectives (the Objectives) that must be addressed by potential purchasers and/or developers of the Land. The Objectives respond to the community submissions received on the proposed reclassification. These submissions raised concerns about the sale or development of the Land citing the potential loss of open space, public car parking and historic associations in the Town Centre, as well as potential economic impacts on existing shops and businesses.
Mirvac submitted the Proposal on 20 May 2016, supplementing it with additional information on 14 and 24 June 2016. The Proposal currently contains a high-level structure plan, a proposed layout, and plans identifying the extent of the Land that Mirvac wants to acquire.
The Policy for Unsolicited Requests to Purchase Council-Owned Land was endorsed by Council at the Ordinary Meeting on 27 June 2016 to provide a framework and procedure for dealing in proposals of this nature. The Policy requires Council to make an initial determination when an Unsolicited Request is submitted, based on Council’s evaluation of the Proposal. The three options open to Council are:
· That Council may decline the request, or is not willing to sell or lease the land at the time or for the suggested purpose;
· That Council may agree to the suggestion to sell or lease the land, but only on the condition that the land is put to the market through a competitive process; or
· That Council may agree to the unsolicited request based on conditions related to the proposal, and to enter into direct negotiations in dealing in the land.
Mirvac is seeking an endorsement from Council to enter into a direct negotiation period to determine appropriate commercial terms. Mirvac requires this endorsement by 25 July 2016 to facilitate in-principle commercial arrangements with its tenants, and board approval to proceed with detailed negotiation with Council. The evaluation of the Proposal against the Objectives, will inform the review of the Proposal in accordance with the Policy.
Policy Compliance
The evaluation process has been undertaken in accordance with a series of
stages as defined by the policy, prior to the current stage of assessment.
The Proposal was received prior to the adoption of the Policy. At this time the process has reached Stage 4. The below detail identifies how each of the stages of the newly adopted Policy have been met, however it is acknowledged that these have not occurred in the sequence envisaged in the adopted Policy.
The subject land is currently classified as Community Land. The Planning Proposal previously endorsed by Council will need to be determined, and the land reclassified as Operational prior to Council selling the land. Council’s Policy provides provisions which allow Council Officers to receive and assess Unsolicited Requests regardless of classification, acknowledging that only Operational land can ultimately be sold. This is consistent with the legislative requirements of the Local Government Act 1993.
Stage 1: Preliminary Enquiries and Concept Review
Mirvac initially approached Council in 2012 to discuss a proposed expansion of the St Marys Village Shopping Centre in a manner consistent with Council’s adopted St Marys Town Centre Strategy 2006 and supporting 2007 Masterplan. This identified that a volume of work would be required prior to any consideration of such a development proposal, including the reclassification of the land.
Stage 2: Submission and Preliminary Assessment
Mirvac provided a formal Unsolicited Request to purchase Council land on 20 May 2016. Based on subsequent meetings between Mirvac and Council, in which additional information was provided, a preliminary assessment was undertaken against the criteria in the policy.
The details of the assessment are provided under subsequent sections of this report.
Stage 3: Consideration and Preliminary Recommendation by the Property Strategy Group
The Unsolicited Request was presented to the Property Strategy Group (PSG) meeting on 30 May 2016. It was determined that additional information was required to provide a preliminary assessment, and that no determination could be made on the basis of submitted documentation.
Further to the meeting on 30 May, additional detail was received from Mirvac on 14 June. Based on the supplementary information received, a preliminary assessment was undertaken. The PSG determined on 16 June that the preliminary assessment provided justification that there was sufficient merit in the proposal, in accordance with the policy criteria, that the Strategic Planning and Commercial Objectives could be met with further refinement of the proposal, and to recommend progressing to the next phase of direct negotiations.
Stage 4: Notification and Consultation with Councillors
Progression from Stage 4 requires an in-principle support to facilitate detailed discussions between Mirvac and Council as part of the next phase of the assessment process. Should Council provide in-principle support, a direct negotiation period with Mirvac as part of the process in Stage 5 will commence. Beyond Stage 5, final consideration and approval from Council would be required to transact on the land, on the basis that the direct negotiations between the parties can yield a recommendation for a resolution, and the land has been classified Operational.
Part A Policy Evaluation
The Policy provides a series of overarching criteria to consider dealing in the land (the Part A Assessment). For the purpose of this report the assessment criteria have been summarised in the following categories:
1. Public Interest (benefits and impacts)
2. Strategic objectives
3. Financial considerations.
1. Public Interest (benefits and impacts)
Economic Considerations
The Mirvac owned shopping centre makes an important contribution to the economic performance of the Town Centre. It attracts shoppers and visitors to the Town Centre and provides a range of employment opportunities. However, the shopping centre is currently separated from Queen Street by distance, public open space, car parking and degraded service areas. This separation and the quality of the environment limits the sharing or spill over of shopping activity from the shopping centre into Queen Street and vice versa.
Recent investigations into the economic performance of the Town Centre identified that it is performing poorly. These investigations also examined the economic impact of redeveloping and increasing the retail floor space of the two shopping centres in the Town Centre. The investigations found that whilst the expansion of one or both of the Shopping Centres would have short term impacts on existing shops, the expanded retail offer would improve the overall economic performance of the Town Centre.
The investigations also found that if the expanded shopping centres are integrated with Queen Street, then the potential for spill-over shopping to Queen Street could mitigate and even improve any negative impacts. This integration would encourage shoppers, workers and visitors to move freely between different retail locations. The identified economic benefits may not occur if the shopping centre was expanded on its current footprint.
The proposal will also provide a significant amount of extra car parking in the Town Centre, helping to support existing shops and business.
Public Open Space
The Town Centre is well serviced with green parks. These are used for informal recreation and some contain playground equipment. One of the parks, Lang Park, is used by a local junior cricket club. Coachman’s Park is located centrally in the Town Centre and provides some urban public space, with a shade structure, seating and a performance area. Coachman’s Park also has a significant role in providing a pedestrian link between Mirvac’s shopping centre and Queen Street. The Town Centre however could be better serviced with a larger, more contemporary urban park or town square.
The proposal will not result in the total loss of the open space provided by Lang and Kokoda Parks. It will be replaced in a more usable configuration that would:
· be multi-purpose with a wider range of activities, uses and users than the current open space,
· have active edges and encourage the redevelopment of existing degraded service areas to address the new space,
· provide opportunities for green infrastructure, water features and artificial shading – helping to cool the Town Centre,
· link retail locations to encourage the sharing of shopper and pedestrian activity between retail locations, and
· connect the Town Centre to the facilities in South Creek including Ripples Aquatic Centre, BMX Track, sports fields and the archery field.
New east-west connections
The provision of a new road between West Lane and Charles Hackett Drive will help manage traffic in the Town Centre and encourage new development – opening up other sites and opportunities in the south west section of the Town Centre. The improvement of pedestrian and cycle paths along Charles Hackett Drive will strengthen the link between the Town Centre, the leisure centre and the natural areas beyond.
2. Strategic Objectives
On 18 April 2016 Council resolved to change the classification of certain Council owned land in the Town Centre from community to operational. This included the land now subject to Mirvac’s proposal. The proposed reclassification, when complete, will allow Council and the community to consider opportunities such as Mirvac’s proposal that stimulate and grow the Town centre in the manner envisaged by the adopted St Marys Town Centre Strategy (2006) and supporting Masterplan (2007).
In resolving to reclassify the Land, Council adopted a set of strategic objectives that must be addressed by potential purchasers and/or developers of the Land. The objectives respond to the community submissions received on the proposed reclassification. These submissions raised concerns about the sale or development of the land citing the potential loss of open space, public car parking and historic associations in the Town Centre, as well as potential economic impacts on existing shops and businesses.
Initial assessment of the proposal demonstrates that the strategic objectives are being appropriately addressed at this stage. Further detail, as plans are refined, will be needed before some of the strategic objectives can be formally evaluated. In terms of some of the key strategic objectives, the initial assessment indicates the following:
1. The proposal brings the entire shopping centre closer to Queen Street, and vacates some land at the western end of the site. It proposes four ‘big boxes’, cinemas, and a reduced number of speciality shops. This will better contribute to the viability of Queen Street through more direct connections (two entrances that are directed to Coachman’s Park and Crana Street) and the reduced number of specialty shops. It also increases the retail offering by providing an additional discount department store, which has been an identified need in St Marys. The cinemas will contribute to a more active night-time economy.
2. The proposal meets the requirement to provide at least 14,000m2 of public space, including 8,400m2 of green space that is linked with Coachman’s Park.
3. The proposal replaces the existing 140 car parking spaces located in West Lane in a basement level in the same location. This parking will be free and untimed, with direct pedestrian access into the corner of Coachman’s Park. It will also be climate protected and secure (under cover spaces, with lighting) and easily accessed (stairs and escalators). With direct connections to Queen Street, these car parking spaces will support shoppers and retail activity in the broader precinct.
4. The proposal includes a new road between Charles Hackett Drive and West Lane, with the potential for a connection to Queen Street. This provides separation and landscaping opportunities between the proposed shopping centre and the uses to the south, including the school and proposed residential development on the former bowling club site.
The assessment also identified that the proposal will need to be further refined before some strategic objectives (such as the specific number of parking spaces, the interpretation of historic associations, and implementation of Council’s Cooling the City Strategy can be addressed.
3. Financial Considerations
Dealing in the land would provide a positive net benefit for the community from a financial perspective. Transacting on the land provides an opportunity for a commercial return on the land which will be reinvested back into the community through various means.
An independent valuation for the land has been sought based on the highest and best use according to the zoning regulations, to provide Council with a benchmark for the highest value of the land. Agreed principles would provide direction for commercial negotiations subsequent to a Council determination to enter direct negotiations with Mirvac, in respect to the base value of that land. Any negotiated value contribution would be subject to a Council approval as part of a future stage of the Unsolicited Request process.
Part B Policy Evaluation
The Part B Policy Assessment requires Council to consider if the proposal demonstrates a level of uniqueness and that value for money could be achieved, which would justify entering into direct negotiations. Council would need to consider whether Mirvac provides a unique opportunity to achieve the Strategic Planning and Commercial Objectives, or whether Council should seek to transact on the land through an open market process.
The Proposal has the characteristics that provides an opportunity for a level of uniqueness in that it can consider the redevelopment of the Shopping Centre in a cohesive and holistic manner. This provides a greater flexibility in how Council’s objectives for St Marys Town Centre can be achieved. Council’s land is fragmented by Carinya Avenue and the St. Marys Village Shopping Centre car park, which have potential to be integrated into Mirvac’s development plans.
Should Council decide to offer the land to the open market, the risk to the community is whether a different proponent can deliver a development on Council’s fragmented land holdings which achieves Council’s objectives, and is cohesive and complementary to St Marys Town Centre.
The uniqueness of the Proposal needs to be balanced with the value for money proposition to the community. Achieving a fair and reasonable commercial return for the land will benefit the community with new opportunities for investment. Any negotiated commercial offer from Mirvac would be presented to Council for consideration at a later date. The framework for negotiating the terms and conditions and commercial offer have been agreed, subject to Council’s determination. These terms and conditions are specified in a section further in this report, and it is considered that a fair and reasonable return to Council can be achieved on the basis of these principles.
Next Steps
Should Council agree to deal in the land, and enter into direct negotiations with Mirvac, a letter stating an agreement to proceed with the Policy process will be supplied to Mirvac containing the terms and conditions for the direct negotiation phase.
The letter would advise that the determination from Council facilitates the movement from Stage 4 of the Policy (Notification and Consultation with Councillors) to Stage 5 (Negotiation and Binding Agreement), noting that a future report to Council would occur in Stage 6 for a final determination on the land.
The terms and conditions which will govern the direct negotiations in Stage 5 are proposed as follows:
1. Council agrees to undertake the process in accordance with the policy for Unsolicited Requests to Purchase Council Owned Land, adopted at the Ordinary Meeting of Council on 27 June 2016.
2. Council agrees to deal in the land with Mirvac in good faith. This includes not modifying the land or planning controls to the benefit of one party, other than the reclassification of the land as Operational.
3. Council agrees to negotiate in the land on commercial terms on the basis of achieving value for money.
3.1 Value for money would be the overall value to the Council which achieves a fair and reasonable balance between:-
o the value of the land and having regard to the use that the land could be put to;
o works-in-kind exceeding the developments requirements; and,
o other land transaction negotiations, (including stratum and land swap dedications).
3.2 In terms of negotiating value, considerations may include but would not be limited to:
1) A valuation based on highest and best use (limited to what is permissible by the current zoning) will be used as a reference point;
2) Works which are considered to be:
a. Additional to those works which would reasonably be expected to be undertaken as part of the development; and
b. Additional to those works which would reasonably be expected occur to support the development.
3) any current s94 contributions plan applicable to the site
4) Retention and / or transfer of land or stratum to Council’s ownership which is considered surplus to the needs of Mirvac, which is apportioned a reasonable value.
4. The final negotiated commercial agreement will be subject to approval from Council and the Mirvac Board.
5. Prior to the execution of a final commercial agreement, if it is considered that if either party is not dealing in the land in good faith, the other party can decide to cease discussions, effective immediately.
6. The negotiation period is to extend till 28 February 2017, unless an extension of time has been granted by the Council. If agreement is not reached then the Council is free to deal with land as it sees fit.
7. Council agree to maintain confidentiality during the direct negotiation period, subject to the legislative requirements of the Government Information (Public Access) Act and the Local Government Act. Documentation and information relating to the proposal may be made public as agreed between Council and Mirvac for the purpose of community consultation and notification.
If Council decides to proceed with negotiations on the land, and specifically enter into an exclusive negotiation period with Mirvac, there will be consultation opportunities with interested stakeholders. Mirvac has also committed to participate in public consultation on the proposal. If the proposal advances to a development application, there will be a further opportunity for broader community consultation.
Conclusion
An Unsolicited Request to Purchase Council Land has been received from
Mirvac. The process for dealing with the Proposal is specified in the adopted
Policy, and an assessment has been undertaken against the criteria, and the
steps taken through the process to ensure compliance with the Policy and the
relevant legislative requirements. A determination is sought from Council to
deal in the land prior to the formal gazettal of the reclassification of the
land from Community to Operational, and whether Council authorise the
commencement of direct negotiations with Mirvac on final proposals and
commercial terms, in accordance with the proposed next steps.
That: 1. The information contained in the report on Unsolicited Proposal to Purchase Council-Owned Land - St Marys be received 2. Council determine to deal in the land that is subject to the Unsolicited Request 3. Council authorise the progression to Stage 5 of the Unsolicited Request as detailed in the report 4. Final negotiated commercial terms be reported back to Council for consideration prior to 28 February 2017 5. Council consult with interested stakeholders as the proposal is developed and undergoes further assessment. |
ATTACHMENTS/APPENDICES
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Outcome 5 - We care about our environment
There were no reports under this Delivery Program when the Business Paper was compiled
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Outcome 6 - We're healthy and share strong community spirit
Item Page
15 Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown 72