Agenda of Ordinary Meeting - 6 February 2017

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 19 DECEMBER 2016 AT 7:04PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies (arrived 7:08pm), Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 November 2016

330 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 28 November 2016 be confirmed.

Councillor Mark Davies arrived at the meeting, the time being 7:08pm.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Mayoral Minutes

1 Silver Accreditation for Gender Equity Program

Councillors Tricia Hitchen and Karen McKeown spoke in support of the Mayoral Minute.

331 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen that the Mayoral Minute on Silver Accreditation for Gender Equity Program be received.

2 International Day of People with Disability 2016 - Council Award

Councillors Tricia Hitchen, Jim Aitken OAM, Greg Davies, Todd Carney and Mark Davies spoke in support of the Mayoral Minute.

332 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen that the Mayoral Minute on International Day of People with Disability 2016 - Council Award be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee held on 5 December 2016

333 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 December, 2016 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 12 December 2016

334 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 December, 2016, with the exception of Item 1 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 12 December 2016 - Item 1 - Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith

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

That:

1. The information contained in the report on Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith be received.

2. Council resolve to adopt the amended Development Control Plan for 164 Station Street, Penrith (Attachment 1), as Amendment No. 3 to the Penrith Development Control Plan 2014.

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

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

DELIVERY PROGRAM REPORTS

Outcome 4 - We have safe, vibrant places

1 Grant Acceptance for “Our River – Regatta Park Large Fishing Platform"

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

That:

1. The information contained in the report on Grant Acceptance for “Our River – Regatta Park Large Fishing Platform" be received

2. Council accept the funding from the NSW Department of Primary Industries, Fisheries 2016/17 Recreational Fishing Trust Program as outlined in the report.

3. Council sends letters of thanks to the NSW Department of Primary Industries Minister and the Local Member, the Hon Stuart Ayres MP.

4. Council endorses placement of the Common Seal of the Council of the City of Penrith on the Funding Deed.

2 RFT 16/17-05 Supply and Planting of Trees in South Penrith

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

That:

1. The information contained in the report on RFT 16/17-05 Supply and Planting of Trees in South Penrith be received

2. The tender from Total Earth Care Pty Ltd for the sum of $518,640 (excluding GST) be accepted for the Supply and Planting of Park Trees in South Penrith.

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

Outcome 5 - We care about our environment

3 Acceptance of Grant Funding Offer for Peachtree and Lower Surveyors Creeks Flood Study - NSW Floodplain Management Program 2016/17

338 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Acceptance of Grant Funding Offer for Peachtree and Lower Surveyors Creeks Flood Study - NSW Floodplain Management Program 2016/17 be received.

2. Council accept the grant funding offer from the NSW Government for the Peachtree and Lower Surveyors Creeks Flood Study - $241,000.

3. Council write to the Minister for the Environment, Local Members and the Office of Environment and Heritage, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

Outcome 7 - We have confidence in our Council

4 Decision Making Arrangements for the Christmas/New Year Council Recess

339 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Decision Making Arrangements for the Christmas/New Year Council Recess be received

2. Development Applications which would normally warrant reporting to Council between 20 December 2016 and 5 February 2017 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, or in his absence the Deputy Mayor.

3. A report be presented to the Ordinary Council Meeting (if required) to be held on 6 February 2017 relating to the operations of the organisation during this period should any determinations be made.

5 2017-18 Operational Plan - Budget preparation and settings

340 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on 2017-18 Operational Plan - Budget preparation and settings be received

2. Council make initial identification of particular matters to be considered in the preparation of the Draft 2017-18 Operational Plan.

3. Preparation of the Draft 2017-18 Operational Plan continue in the terms discussed in this report and outlined in the Annual Budget Guidelines (provided under separate cover).

6 Adoption of Council's new Community Engagement Strategy

341 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Adoption of Council's new Community Engagement Strategy be received

2. Council adopt the Community Engagement Strategy, subject to minor design amendments.

7 Summary of Investments & Banking for the period 1 November to 30 November 2016

342 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 November to 30 November 2016 be received

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 November 2016 to 30 November 2016 be noted and accepted.

3. The graphical investment analysis as at 30 November 2016 be noted.

REQUESTS FOR REPORTS AND MEMORANDUMS

UB 1 Homes For Heroes shade sails over the deck

Councillor Tricia Hitchen requested that an amount of $3227 be allocated from each ward’s voted works to Homes For Heroes to install shade sails over the deck.

343 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Jim Aitken OAM that the matter be brought forward as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

344 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Jim Aitken OAM that an amount of $3227 be allocated from each ward’s voted works to Homes For Heroes to install shade sails over the deck.

RR 1 PowerPoints at Memory Park and Triangle Park

Councillor Marcus Cornish requested a memo reply regarding the installation of PowerPoints at Memory Park and Triangle Park to enable the public to charge their electronic devices such as mobile phones to encourage more use of the parks.

RR 2 Accident at Andromeda Drive, Cranebrook

Councillor Kevin Crameri OAM requested a report to the Local Traffic Committee regarding the recent accident at Andromeda Drive, Cranebrook to discuss the possibility of Traffic Lights.

UB 2 Penrith Women's Health Centre Flooring

Councillor Karen McKeown requested that an amount of $5500 be split between each ward’s voted works to replace the flooring in the Penrith Women’s Health Centre located in the old Council Chambers.

345 RESOLVED on the MOTION of Karen McKeown seconded Mark Davies that the matter be brought forward as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

346 RESOLVED on the MOTION of Karen McKeown seconded Mark Davies that an amount of $5500 be split between each ward’s voted works to replace the flooring in the Penrith Women’s Health Centre located in the old Council Chambers.

UB 3 Penrith Valley Regional Sports Centre air conditioner

Councillor Aaron Duke requested that an amount of $30,000 be split between each wards voted works to install air conditioners for the Penrith Valley Regional Sports Centre.

Councillor John Thain declared a Non- Pecuniary Conflict of Interest - Less than significant as he is the current Director of the Penrith Valley Regional Sports Centre.

Councillor Ross Fowler OAM declared a Non- Pecuniary Conflict of Interest - Less than significant as he is the Auditor of the Penrith Valley Regional Sports Centre.

347 RESOLVED on the MOTION of Councillor Aaron Duke seconded Kevin Crameri OAM that the matter be brought forward as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

348 RESOLVED on the MOTION of Councillor Aaron Duke seconded Kevin Crameri OAM that:

1. An amount of $30,000 be split between each wards voted works to install air conditioners for the centre.

2. A memo reply to all Councillors providing information on the value for money of the air conditioner and the appropriateness of the chosen system.

UB 4 Installation of BBQ in Victoria Park, St Marys

Councillor Greg Davies requested that an amount of $7,000 be allocated from East Ward voted works to install a BBQ at Victoria Park, St Marys.

349 RESOLVED on the MOTION of Councillor Greg Davies seconded Marcus Cornish that the matter be brought forward as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

350 RESOLVED on the MOTION of Councillor Greg Davies seconded Marcus Cornish that an amount of $7,000 be allocated from East Ward voted works to install a BBQ at Victoria Park, St Marys.

RR 3 North South Rail Link

Councillor Greg Davies requested that Council write to all State and Federal Members requesting immediate action in lobbying their parliamentary colleagues to commence planning for a North South rail connection between the North West and South West Growth Centres with a connection to the proposed airport.

Committee of the Whole

351 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:44pm.

1 Presence of the Public

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

Outcome 4

2 Lease Agreement over Council Owned Property at Glenmore Park Child & Family Centre, 31 Blue Hills Drive Glenmore Park, to Lifestart Co-Operative Limited

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

3 Acquisition of drainage easement over privately owned land at 26 Castlereagh Street, Penrith

Outcome 7

4 Land and Environment Court Class 4 proceedings Penrith City Council v Graham Konnemann and others - 8 Farm Road, Mulgoa

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

The meeting resumed at 7:48pm and the General Manager reported that the Committee of the Whole met at 7:44pm on 19 December 2016, the following being present

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

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 Lease Agreement over Council Owned Property at Glenmore Park Child & Family Centre, 31 Blue Hills Drive Glenmore Park, to Lifestart Co-Operative Limited

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown

CW2 That:

1. The information contained in the report on Lease Agreement over Council Owned Property at Glenmore Park Child & Family Centre, 31 Blue Hills Drive Glenmore Park, to Lifestart Co-Operative Limited be received.

2. Council approve a new lease to Lifestart Co-Operative Limited over Council owned Property at Glenmore Park Child & Family Centre, 31 Blue Hills Drive Glenmore Park as detailed in and in line with the conditions of this report.

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

3 Acquisition of drainage easement over privately owned land at 26 Castlereagh Street, Penrith

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

CW3 That:

1. The information contained in the report on Acquisition of drainage easement over privately owned land at 26 Castlereagh Street, Penrith be received.

2. Council approve the process of acquisition of the easement as outlined in this report.

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

4 Land and Environment Court Class 4 proceedings Penrith City Council v Graham Konnemann and others - 8 Farm Road, Mulgoa

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kath Presdee

CW4 That:

1. The information contained in the report on Land and Environment Court Class 4 proceedings Penrith City Council v Graham Konnemann and others - 8 Farm Road, Mulgoa be received.

2. The Council enter into Consent Orders on the terms in this report.

3. The Council pursue an order for Graham Konneman to pay Council’s legal costs at a hearing on legal costs only.

ADOPTION OF Committee of the Whole

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

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

Ordinary Meeting 6 February 2017

REPORT AND RECOMMENDATIONS OF THE
Penrith Community Safety Partnership MEETING

HELD ON 7 December, 2016

PRESENT

Councillor Marcus Cornish, Penrith City Council; Councillor Karen McKeown, Penrith City Council; Alice Fazio, Penrith Youth Interagency; Amanda Rutherford, Penrith City Council; Barry Vincent, St Marys Local Area Command; Erin Davidson, Penrith City Council; Gai Hawthorn, Penrith CBD Corporation; Graham Howe, Penrith City Council (Chairperson); John Williams, Glenmore Park Residents Group; Ken Innes, Glenmore Park Residents Group; Roslyn Mennuni, Penrith City Council; Ian Bridges-Webb – Needle & Syringe Program, Nepean Blue Mountains Local Area Health District; Doug Allen, Penrith Local Area Command; Julie Graham, Penrith Local Area Command; Murray Halls, Penrith City Council; Katerina Tahija, Penrith City Council; Vesna Kapetanovic, Penrith City Council; Kylie Druett, Drug & Alcohol Unit, Nepean Blue Mountains Local Area Health District; Brett McFadden, Penrith Local Area Command.

APOLOGIES

Jeremy Addison, NSW Department of Education; Danielle Corliss, St Marys Local Area Command; Kevin Cotter, Department of Education.

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 7 September 2016

The minutes of the Penrith Community Safety Partnership Meeting of 7 September 2016 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We have safe, vibrant places

1 Update on the delivery of projects under the Penrith Community Safety Plan 2013-16

Update on the Public Spaces CCTV Project – Federal Government Safer Streets Programme

Amanda Rutherford advised that the Federal Attorney General’s Department approved a second variation to the Public Spaces CCTV Project to extend the project to the end of January 2017.

The Queen Street, St Marys streetscape upgrade has experienced delays, however eight (8) cameras will be temporarily installed between Carson Lane and Coachman’s Park within the project timeframe. At the completion of the streetscape works, these cameras will be relocated to more permanent positions.

Murray Halls advised that Endeavour Energy will be replacing light poles along Station Street, Penrith with steel street poles, which will be capable of smart control technology in the future.

A wireless contractor has now been engaged and will progress installing the wireless solution once approvals have been granted and all infrastructure work has been completed.

Warner Youth Education Graffiti Education Awareness Program

Erin advised that the Warner Youth Graffiti Education Program continues to be highly successful with lots of positive feedback.

From July to October 2016, 14 sessions were presented to 980 students across various schools.

The program will continue to be delivered into 2017.

Murray advised over the years there has been a significant reduction in graffiti in the Local Government Area. This in part has been attributed to the success of the Warner Youth Education program and the quick response in graffiti removal, which is considered a deterrent for repeat offenders.

Council will now be allocating one (1) council graffiti removal crew to remove graffiti with other council crews on standby if there is a spike in graffiti.

Graffiti Removal Day was held on 30 October 2016 in the local government area and was very successful this year. 30 air cadets and 45 people in total worked on the day. An advantage of the day is that council workers and volunteers are permitted access to private property to remove graffiti.

Translated Community Resources

The Emergency Contact Numbers magnet that was translated into four (4) community languages Arabic, Persian, Hindi and Nepalese are now available to the community.

The Nepean Domestic Violence Network’s DV Help card was also updated and translated into these 4 community languages. These were distributed at the October meeting and were well received.

Alice Fazio asked how these resources could be obtained. Erin advised that they are distributed through events, correspondence and upon request.

If anyone would like these resources, please contact the City Safety and Security team.

Walk Wise App

The Walk Wise App was launched in October 2016 at the Riverside Community Walk at Tench Reserve, Penrith. A number of residents participated in the walk and City Safety & Security Staff handed out water bottles with the WalkWise message to those that attended.

City Safety & Security staff are currently working with Councils internal ICT department to upload a number of additional walks from the Hikes and Bikes brochure.

The App is available for download from iTunes, Android and Google store.

White Ribbon Day

The White Ribbon Day Twilight River walk was held on Friday 25 November 2016.

This walk commenced at Weir Reserve, with a 3.5km walk along the river concluding at Tench Reserve Penrith, where there was light entertainment, food stalls and official proceedings from the Mayor Councillor John Thain, White Ribbon Ambassador Group Captain Cameron Neill, Director of Training Systems at the Royal Air Force Base Glenbrook and Superintendent Brett McFadden.

The event was well attended with over 400 participants completing the walk and taking the oath. $1,300 was raised from the sales of official White Ribbon Day merchandise and all money raised will be donated to the White Ribbon Foundation.

Erin thanked the Mayor Councillor John Thain, Superintendent Brett McFadden and the White Ribbon Day Ambassador Group Captain Cameron Neill, Director of Training Systems at the Royal Air Force Base Glenbrook for all making speeches on the day.

Litter Management Strategy

Council was successful in receiving funding from the NSW Environmental Protection Authority (EPA) earlier this year aimed at reducing litter and cigarette butt litter around the Nepean Hospital precinct.

Preliminary and base line litter checks have been conducted to assess levels of litter prior to bin infrastructure being installed. Signage will also be installed to support efforts and raise awareness.

Council is seeking quotes for personal butt bins. These will be used as an engagement tool for Council Rangers to distribute while out in the community.

Kylie Druett from NSW Health advised Nepean Hospital have been doing some work on addressing the issues of smoking and litter on hospital grounds.

Penrith Community Safety Plan 2013-2016

The current Community Safety Plan is due to expire in March 2017. Council has written to the NSW Department of Justice to extend the Plan. Work will commence on a new Penrith Community Safety Plan upon the return of the City Safety & Security Coordinators in 2017.

NSW Attorney General’s Department has invited Council to apply for a Crime Prevention Grant up to $50,000 for projects arising from priority areas identified in the current Community Safety Plan.

Amanda Rutherford advised there may be a funding opportunity which could assist with addressing anti-social behaviour at Peppertree Oval, Erskine Park.

Councillor Marcus Cornish requested the area between Westfield Penrith and the Joan Sutherland Performing Arts Centre be considered a smoke free area.

Amanda advised that Council is looking at reviewing current signage within the space for dogs off leads and no skateboarding in the Mondo area.

Nepean Domestic Violence Network

The final Nepean Domestic Violence Network (NDVN) meeting for 2016 was held on Thursday 1 December. The Network will commence meetings in February 2017 with a planning day.

Vesna advised that the NDVN was successful in receiving two (2) grants. $5,000 was received from ClubGRANTS for a general training program and a further $5200 was received from the Penrith Liquor accord to run training in the Love Bites program.

Alice asked how workers could submit interest for the Love Bites program. Erin advised that the projects are yet to be progressed and will be an agenda item for the Network at the February planning day. It is anticipated that an expression of interest (EOI) process will be implemented. Once details of the projects are finalised information will be distributed via email.

Erin advised that the NDVN conducted a walk from 6.00pm from Penrith Station to Triangle Park via Station Street, Penrith for this year’s Reclaim the Night march on Friday 28 November 2016.

Approximately 100 attendees participated in the march. Free activities and entertainment were provided at the park. The event is aimed at promoting awareness and supporting the right of women and girls to walk the street at night free from violence.

The Outback Steakhouse kindly hosted a free lunch on Thursday 8 December 2016 for women and their children who have experienced domestic violence. Currently over 200 RSVP’s have been received and numbers are still growing. Penrith City Council staff have generously donated items so up gift bags can be put together for all women who attend the event.

This is the sixth year Mick Hicks from the Outback Steakhouse has offered his restaurant open to women and their children to enjoy a free, three (3) course meal free of charge.

RECOMMENDED

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

Regular Items

Penrith Local Area Command Crime Statistics

Doug Allen advised that the majority of crime categories for Penrith Local Area Command are trending down, although mail theft from residential unit blocks continues to be an issue.

Erin advised that City Safety & Security staff are working with Council Planners to address the design and placement of letterboxes and implement standard conditions for new developments.

Doug advised that theft from building sites, especially in new development areas continues to be an issue. The use of remote monitored cameras on building sites has been successful and has resulted in identifying offenders.

Councillor Karen McKeown mentioned a radio advertisement regarding the recent recovery of over $100,000 of stolen tools believed to be from the Penrith area. Victims of tool theft in the Penrith area over the last 12 months are encouraged to contact Fairfield Local Area Command for further information.

Councillor Marcus Cornish noted the fires that were occurring in the Lemongrove area earlier in the year and if there had been any update or information on further fires being lit. Brett reported that there have been incidents of arson reported in the last 12 months.

St Marys Local Area Command Crime Statistics

Barry Vincent reported that St Marys Local Area Command are experiencing similar crime issues as Penrith Local Area Command.

Mail theft from unit blocks and residences near railway stations continues to be an issue. St Marys Local Area Command are implementing crime prevention strategies including a mail out to key suburbs within the Local Area Command that are experiencing high incidents of mail theft.

Theft of number plates and petrol continues to be an issue.

Theft from retail is increasing slightly due to Christmas.

GENERAL BUSINESS

GB 1 Judges Place car park

Amanda Rutherford advised that a number of homeless persons are living in Judges Place car park with reports of them blocking stairwells, intimidating users of the car park, council and security staff.

The number of homeless persons has increased in recent months since the addition of night time meal services being provided in the car park. Service providers have been trying to engage to provide accommodation and services but they have declined assistance.

Gai Hawthorn advised that local businesses have expressed concerns to her for their safety and the impact to customers.

Brett advised that Police can only offer assistance if a crime is being committed and encouraged people to report all incidents to Police.

Brett also suggested that Council investigate how other larger councils, like Sydney City Council and Parramatta Council manage homeless people in the public space.

Amanda advised that we are working with meal services to engage with the homeless in order to get the space clean and discourage them from living in the stair wells.

GB 2 Fence around Glenmore Loch

John Williams thanked Penrith City Council for the new fence around the Glenmore Loch.

GB 3 Tree planting and passive surveillance

Councillor Marcus Cornish expressed concerns regarding the planting of trees near the Emu Plains Railway Station and the implications for passive surveillance.

Graham Howe advised Council would ensure compliance with Crime Prevention through Environment Design (CPTED) principles.

GB 4 Cranebrook Community Health Centre

Ian Bridges-Webb advised a needle bin will be placed at Cranebrook Community Health Centre.

Erin asked if this bin would be in addition to the bin that is currently at Barnardos. Ian advised that it is dependent on Barnardos funding.

There being no further business the Chairperson declared the meeting closed the time being 4.45pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 December, 2016 be adopted.

Ordinary Meeting 6 February 2017

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 14 December, 2016

PRESENT

Councillor Tricia Hitchen (Chair), Councillor Todd Carney, Anthony Mulholland, Dianne Brookes, David Currie, Allan Windley, Farah Madon.

IN ATTENDANCE

Erich Weller – Community and Cultural Development Manager, Joe Ibbitson – Community Programs Coordinator, Claire Galvin – Disability Inclusion Officer, Graham Howe – Building Projects Coordinator, Elizabeth Roxburgh – Landscape Architect, Michael Jackson – Design and Projects Manager, Gavin Cherry – Development Assessment Coordinator, Craig Squires – Acting Coordinator Certification and Fire Safety, Lauren Van Etten – Environmental Planner.

GUEST

Ivan Pavkovic – University of Technology Sydney, Institute of Public Policy.

Councillor Tricia Hitchen welcomed Access Committee members to the first meeting of the new committee and the last meeting of the year. Committee members and staff introduced themselves around the table.

APOLOGIES

Apologies were accepted from Carole Grayson.

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 August 2016

The minutes of the Access Committee Meeting of 10 August 2016 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

1 Development Applications Referred to Access Committee

DA16/1006 Alterations and additions to an existing educational establishment – Montgrove College, Orchard Hills – including new buildings, increased student numbers, carparking and associated works

Gavin Cherry, Development and Assessment Coordinator, introduced Lauren Van Etten, Environmental Planner, to present the report regarding the development application for Montgrove College at Orchard Hills.

Lauren Van Etten advised that the development application consisted of new building works, a new carpark, construction of a cul-de-sac, and an increase in student numbers. The building works consist of four additional single storey buildings, an amphitheatre and a two storey extension comprising four classrooms for kindergarten. One accessible toilet will be provided in each bank of bathrooms. The proposal includes 87 carpark spaces including two accessible spaces. Lifts are available in existing two storey buildings.

Lauren Van Etten advised that additional information regarding accessibility had been requested including an amended floorplan with dimensions.

The Committee highlighted the following issues:

· Finished ground differences between the top and bottom of the amphitheatre and required access arrangement within and around this area

· Handrails to be provided on one side of the amphitheatre

· Use of steps in connecting common areas

· Hearing loops in classrooms

· Traffic on Caddens Road

· Suitable directional/information signage for children without literacy skills.

RECOMMENDED

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

Gavin Cherry and Lauren Van Etten left the meeting at 5.23pm.

Outcome 4 - We have safe, vibrant places

2 Triangle Park - Design Development

Michael Jackson, Design and Projects Manager, spoke to the meeting regarding the Triangle Park. It was advised that the project is scheduled to start construction in early 2017. The draft tender drawings have been received.

Some of the features of the permanent Triangle Park will be:

· Drainage work

· Asphalt zone parking – eight parking spaces including one accessible parking space

· Light grey paving with Austral black contrast, bands of concrete, natural turf, garden beds and low walls

· There will be gentle slopes and no serious levels or grades throughout the walking areas

· Deciduous trees will be planted along the edge

· One jacaranda tree, existing large gum trees and smaller evergreen trees

· The rose garden will be replaced with a yellow climbing rose

· Shade louvre covered area provided over picnic tables

· Timber deck stage under tree, concrete ramp, metal kick rails 1:20 grade

· Seating nook chairs, timber panels, concrete

· Seating heights ranging from 450 up to 600 – some seats have backs and arms, accessible sections

· Driveway layback

· Ramps to meet all the codes

· Water feature in the middle of the space with full recirculating system. This is on a time clock so can time when the jets go off.

Issues discussed by the Committee included:

· The difference between the kerb edge between the current footpath and the edge of the shops – the part needed to be flush from the shared zone of the accessible parking spot

· Study overseas highlighting hazards for people with vision issues, canes and guide dogs

· Rethink the pavement so that a person who is using a cane can use it as a shoreline. If a person has limited vision they will get lost. Using the colours makes a shoreline. Boundary areas need to be a different colour and the shoreline should be parallel to the shops

· Contrasts in paving are required, contrast of the shoreline has to be more dominant

· Some of the seating nooks should have backrests

· Bollards should be spaced at least a metre apart for clearance

· Rail height should be 450

· An alert feature be provided for the water feature so people have a warning – flashing LED coloured lights

· The base of the water feature should be a strong contrast colour.

RECOMMENDED

That the information contained in the report on Triangle Park - Design Development be received.

Michael Jackson and Elizabeth Roxburgh left the meeting at 5.56pm.

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

3 Understanding Local Government's Work to Support People with a Disability in Australia - Institute for Public Policy and Governance at the University of Technology Sydney

Claire Galvin introduced Ivan Pavkovic from the University of Technology (UTS), Sydney who is undertaking research on behalf of the National Disability Insurance Agency (NDIA).

Ivan Pavkovic explained that the research is to assist the NDIA understand the role of local government in supporting people with disability, their families and carers. Penrith City Council will be used as a case study in this research.

The aim of the project is to map the regulatory and legislative responsibilities of local government. Researchers from UTS will make 25 site visits to local Councils across Australia to interview Council officers and conduct focus groups with non-government disability organisations and people with disability. Penrith City Council has been invited to be a case study in this research project.

Ivan Pavkovic said it was interesting to observe the Access Committee, to see how different models operate, different kinds of approaches and the responses that local government is undertaking. This is a fact finding mission, trying to understand what works in Penrith and what other councils might be able to take on board.

Ivan Pavkovic requested that Access Committee members meet to answer questions and provide information and data next year. All the research is approved by the Human Research Ethics Committee and the information notes are anonymous. The findings of the research will be published and publically available.

RECOMMENDED

That the information contained in the report on Understanding Local Government's Work to Support People with a Disability in Australia - Institute for Public Policy and Governance at the University of Technology Sydney be received.

Ivan Pavkovic left the meeting at 6.10pm.

GENERAL BUSINESS

GB 1 International Day of People with Disability

Joe Ibbitson advised that the Club Weld CD launch party and morning tea held on 5 December 2016 was a wonderful celebration for International Day of People with Disability (IDPwD).

The IDPwD included recording of short movies on iPads, the Nepean Valley Sign Choir and participatory drumming. Joe Ibbitson advised that he had copies of the CD to distribute to Access Committee members.

GB 2 NSW Business Chamber Award

Erich Weller and Joe Ibbitson attended the NSW Business Chamber awards on 2 December 2016 as part of the Chamber’s 2016 International Day of People with Disability celebration held in North Sydney. Penrith Council received an award from the NSW Business Chamber for its outstanding achievements in making Penrith more accessible and inclusive for people with disability.

A Mayoral Minute regarding the NSW Business Chamber award was presented to Council’s Ordinary Meeting on 19 December 2016.

GB 3 Disability Inclusion Action Plan

Claire Galvin advised that the Disability Inclusion Action Plan (DIAP) is underway. The last staff workshop was held on 14 December. Strategies and actions for the next four years are being worked on.

A formal report will be presented at the next Access Committee meeting in February 2017.

GB 4 Launch of Jordan Springs All Abilities Playground

Claire Galvin advised of the launch of the Jordan Springs All Abilities Playground held on 16 October 2016.

GB 5 Nepean Disability Expo

Claire Galvin advised of the Nepean Disability Expo held on 16 and 17 September 2016 at the Panthers Pavilion.

GB 6 Shopping Trolleys

Allan Windley enquired what could be done about shopping trolleys on public land. Erich Weller advised that internal discussions will be held to investigate this issue and will be reported back to the Committee.

GB 7 National Disability Insurance Scheme (NDIS)

Dianne Brookes advised that the Aboriginal Disability Network had received a wonderful response in supporting people living with a disability and engaging people with the NDIS. The Nepean, Blue Mountains, Hawkesbury area has had the best response so far. As there are still a lot of people who are very isolated Dianne asked that if anyone knew of an area where this is the case to let her know.

GB 8 Accessible Parking at Nepean Centro

David Currie expressed concern regarding the accessible parking at Nepean Centro being misused. He suggested displaying signs with a fine if people use the accessible spaces without a permit.

Anthony Mulholland queried the amount of accessible carpark spaces which are misused.

Craig Squires and Erich Weller undertook to follow up these matters including liaising with Centro Management. Councillor Hitchen suggested raising accessible parking at Nepean Centro with the Local Traffic Committee.

GB 9 Requests or Complaints

Erich Weller advised that General Business requests or complaints come through to the Community and Cultural Development Department who identify the correct service to forward them to. Information regarding these requests would be provided by the February meeting or, if earlier, a memo could be sent out to community members and Councillors.

Joe Ibbitson encouraged Access Committee members to contact Council when they have a request and not wait until the next meeting.

GB 10 National Disability Insurance Scheme (NDIS) Specialist Disability Accommodation

Farah Madon advised that the National Disability Insurance Scheme (NDIS) Specialist Disability Accommodation (SDA) refers to special housing which cater for significant functional impairment or very high support needs.

Some of the Categories include, 'Robust' housing i.e. Housing that has been designed to incorporate a high level of physical access provision and is to be assessed as per Liveable Housing Australia Silver level. Another category is 'Fully accessible' which is to be assessed as per Liveable Housing Australia Platinum level.

The highest category is High Physical Support which is to be fully accessible and have additional provisions such as structural provision for ceiling hoists, assistive technology ready etc. Full requirements for this category have not been detailed out yet.

This development would see a high quality of group homes developed for people with a disability and will also cater to all age groups.

GB 11 Access Maps

Councillor Carney enquired if the Penrith and St Marys access maps could be put onto the Council App. Joe Ibbitson advised that this would be investigated.

Joe Ibbitson informed the Committee that a website is being developed to put the access maps online so people can use them on their Smart phones. Dianne Brookes asked if the access maps could be shared on the Carers Gateway. Joe Ibbitson replied that a link to Carers Gateway could be placed on the website.

There being no further business the Chairperson declared the meeting closed the time being 6.44pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 December, 2016 be adopted.

Ordinary Meeting 6 February 2017

Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair Applicant: Amanda Blackburn C/- Paul Lemm Planning; Owner: David & Amanda Blackburn

Compiled by: Sufyan Nguyen, Graduate Environmental Planner

Authorised by: Peter Wood, Development Services Manager

Requested By: Councillor Greg Davies

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	Deliver timely assessment of development 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 retrospective approval of existing Physiotherapy Health Consulting Rooms and associated construction works for the provision of parking spaces at 173 Bennett Road, St Clair. The subject site is zoned R2 Low Density Residential under Penrith Local Environmental Plan 2010 and the proposed development is permissible with Council consent.

The key issues identified in the assessment of the development application include a parking non-compliance with respect to Penrith Development Control Plan 2014 based on the number of health care professionals consulting from the site.

The proposal was notified to adjoining properties and publicly exhibited from 14 September to 28 September 2016. No submissions were received in response.

An assessment of the proposal under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval subject to recommended conditions which include restricting the number of professionals to consult to one at any time with a maximum of 2 patients on site at any one time.

Background

Following investigation by Council’s Compliance Officers in response to a development approval enquiry, the unauthorised use of an existing dwelling house was found to be operating as health consulting rooms. The occupants of the facility informed Council’s Compliance Officers that they had recently purchased the property and that the facility had been operating for approximately 5 years. It was confirmed with the owners that the operation did not have evidence of development consent and that ongoing operation would require the lodgement of, and assessment of, a development application. This resulted in the lodgement of a development application for health consulting rooms being the subject of this report.

The development application as lodged is for two (2) health care professionals which requires seven (7) parking spaces in accordance with Section C10.5.1 of the Penrith Development Control Plan 2014.

The site is constrained due to the land area and location of the existing dwelling on the site and proposes a total of five (5) on-site parking spaces however as three of these spaces are in a stacked formation only two compliant parking spaces are proposed on the site.

Due to the parking non-compliance and site constraints, the applicant was requested to consider a reduction in occupancy from two practitioners down to one. This option reduces the proposed parking non-compliance and was considered a more appropriate intensity of development on the site.

To date the applicant has not amended the proposal to reflect the above recommended amendment and as such the assessment has been undertaken on the basis of what is currently proposed.

Site and Surrounds

The subject site is known as 173 Bennett Road, St Clair and is legally described as Lot 4043 DP 260183. The development site has a frontage of 18.605m along the north-eastern boundary, a depth of 33.97m and an 18.5m western boundary. The site has a land area of 624m² and is rectangular in shape. The site is orientated on a north-east/south-west axis and has a gentle slope which falls towards the north-eastern corner of the site with a cross fall of up to 1.65m. Currently, the site is occupied by a single storey dwelling and single garage with an attached awning. Landscaped areas include front and rear grassed areas and two (2) shrubs at the front of the site. The frontage of the site is a designated bus zone which does not permit on-street parking.

The surrounding area is characterised by a well-established residential area. The housing stock comprises of traditional and modern style single storey and two storey dwellings. A range of facilities and services are in close proximity to the site including the St Clair Shopping Centre approximately 130m to the north-west of the site. Schools, medical centres, places of worship and open space is within a 950m radius. Public transport services include a bus stop directly in front of the site.

The Proposed Development

The development application proposes approval to legitimise the existing operation of Physiotherapy Health Consulting Rooms at 173 Bennett Road, St Clair.

The proposal involves the removal of minor landscaping (grassed area and two (2) shrubs) in the front setback to make provision for two (2) parking spaces, however to achieve accessible parking requirements this is recommended to be amended to a single compliant accessible parking space. In addition, all impervious areas will be drained to the existing stormwater drainage system.

· The proposed number of staff include two (2) health care professionals and one (1) receptionist

· The proposed operating hours are from 8:30am to 6:30pm, Monday to Friday.

Planning Assessment

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

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

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

The proposed development has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies contained within SREP 20. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. Subject to the inclusion of recommended conditions, the provisions under SREP 20 are considered to be satisfied.

Penrith Local Environmental Plan (LEP) 2010

Penrith Local Environmental Plan (LEP) 2010 is applicable to the site. Consideration of the relevant provisions of the LEP is detailed below:

*Relevant Provision*	*Comment*
Clause 1.2 Aims of the plan	Complies – See further discussion below
Clause 2.3 Zone objectives	Complies – See further discussion below
Clause 2.3 Permissibility	Complies
Clause 4.3 Height of Buildings	Complies – See further discussion below
Clause 5.9 Preservation of trees or vegetation	Complies
Clause 7.1 Earthworks	Complies
Clause 7.7 Servicing	Complies – See further discussion below

Clause 1.2 Aims of the plan

The proposal provides a health service which is essential for the well-being of the community and therefore the proposed land use satisfies the aims of the plan.

Clause 2.3 Zone objectives

Health Consulting Rooms are permissible development with consent in the R2 - Low Density Residential zone pursuant to Penrith Local Environmental Plan (LEP) 2010.

The objectives of the R2 zone however are as follows:

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

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

· To promote the desired future character by ensuring that development reflects features or qualities of traditional detached dwelling houses that are surrounded by private gardens.

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

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

The site is within a well-established residential area where suitable land uses are prevalent in the locality. Given that the proposal provides a service which accommodates the needs of the community, the initial objectives of the R2 - Low Density Zone are satisfied. The proposal however is not considered to ensure a high level of residential amenity due to the number of consulting rooms proposed and the resulting impacts associated with a short fall of carparking. To therefore satisfy the objectives of the zone, the scale of use is recommended to be reduced resulting in a recommended reduction in the number of practitioners permitted to operate at any time, and maintaining some landscaped front setback.

Clause 4.3 Height of buildings

The proposal does not involve alterations or additions to the existing building and complies with the maximum height of buildings provision within the LEP.

Clause 5.9 Preservation of trees or vegetation

The proposal requires the removal of two (2) shrubs which are of little significance within the locality. Replacement planting can be provided in front of the parking spaces which is recommended as a condition of consent.

Clause 7.7 Servicing

The site has connections to existing facilities and services. In addition, conditions of consent are recommended to ensure sufficient disposal of stormwater drainage is undertaken given the new impervious parking areas at the front of the site.

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

Penrith Development Control Plan (DCP) 2014 is applicable to the site. Consideration of relevant controls of the DCP is detailed below:

*Relevant Controls*	*Comment*
Part B - Principles	Does not Comply – See further discussion below
Part C1 - Site planning and design principles	Complies
Part C2 - Vegetation management	Complies
Part C3 - Water management	Complies
Part C4 - Land management	Complies
Part C5 - Waste management	Complies
Part C6 - Landscape design	Complies
Part C7 – Culture and heritage	Not applicable
Part C8 - Public domain	Not applicable
Part C9 - Advertising and signage	Not applicable
Part C10 - Transport, access and parking	Does not comply – See further discussion below
Part C11 - Subdivision	Not applicable
Part C12 - Noise and vibration	Not applicable
Part C13 - Infrastructure and services	Complies
Part D5 - Other Land Uses	Complies – See further discussion below

Part B – Principles

The proposal is for retrospective approval of physiotherapy health consulting rooms and includes provision for parking spaces. There will be no additions or alterations to the built form. The existing floor plan layout permits mobility for clients and provides adequate accessibility.

The proposal however does not ensure a high level of residential amenity due to the number of health care professionals proposed to practise at one time and the resulting impacts associated with a short fall of car parking. To therefore satisfy the objectives of the zone, the scale of use is required to be reduced resulting in a recommended reduction in the number of practitioners permitted to operate from two to one at any time.

Part C10 – Transport, Access and Parking

According to Section C10.5.1 of the Penrith Development Control Plan 2014, a health consulting room requires the provision of three (3) car spaces per health care professional and one (1) car space per staff member. The proposal involves two (2) full-time equivalent health care professionals and one (1) receptionist which requires a total of seven (7) parking spaces.

The proposed accessible parking space requires a minimum width of 4.8m as per AS 2890.6 which reduces the parking capability to one (1) car space at the front of the site. In addition three parking spaces are proposed in a stacked formation resulting in only two parking spaces being counted within the site as per the DCP provisions. This results in a five carparking space deficit.

The spaces on the driveway are also undesirable as the location restricts ready access to the staff parking in addition to access past this parking space being too narrow.

The provision of parking spaces at the rear of the site was given consideration in the assessment however this potential was found to be impractical. This is due to the rear setback which does not provide sufficient area for safe and efficient manoeuvring of vehicles.

The required parking relates to the number of practitioners proposed which, due to the five space technical non-compliance and site constraints renders the proposed intensity as an over development of the site. It is also noted that an existing bus stop does not permit on street parking in front of the site. It is therefore considered necessary to reduce the intensity of the development to a single practitioner at any one time, reducing parking requirements and resulting DCP non-compliance. A reduction to one practitioner and receptionist only required four car parking spaces on the site and while this is still a non-compliance due to the stacked formation proposed, this can be suitably managed. Such measures relate to the infrequency of staff movements and unimpeded visitor parking which can enable vehicles to enter and exit the site in a forward direction. As such a condition of consent is recommended to limit the occupancy of the development and ensure compliance with the objectives with the DCP can be met.

Part C13 – Infrastructure and Services

Council's Development Engineer raised concerns in regard to the impervious areas of the site associated with the proposed front parking spaces and suitable drainage of these areas. Accordingly, conditions of consent are recommended to ensure the proposal provides an adequate stormwater management system to address stormwater drainage and connect the runoff to Councils drainage network.

Part D5 – Other Land Uses – 5.3 Health Consulting Rooms

Location

The site is considered suitable for health consulting rooms given that there are a number of similar land uses in the immediate area. Therefore, it is unlikely that the proposal will adversely impact on adjoining neighbours and surrounding properties subject to restrictions on scale of operation. The restriction to one (1) professional practitioner at any time is unlikely to result in any impacts on traffic or noise given the limited number of clients on site at any one time. The site provides a frontage width of 18.65m which permits sufficient area for safe parking and access. Furthermore, the parking spaces adjacent to the south-western boundary provide a 2.3m separation distance between the adjoining property.

Access and Parking

The site has a combination of brick and aluminium fencing along the front boundary and aluminium fencing along the side boundaries. The existing fence in addition to the proposed retaining wall at the front boundary will assist in screening the front parking spaces and provide a noise and visual buffer. Parking rates are compliant subject to the recommendation conditions as discussed in the relevant DCP section of this report.

Visual and Noise Impact

Although the site has minimal landscaping in the form of grassed areas, the adequate separation distances will minimise impacts on the visual amenity and acoustic privacy of the adjoining property. The existing built form is compatible with the character of the locality. Furthermore, the vehicular movements as a result of the proposal are not considered to generate unacceptable noise levels during the 8.30am to 6.00pm operating hours.

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

The relevant prescribed conditions of the Regulations, such as the requirement for compliance with the Building Code of Australia, are recommended as conditions of consent should consent be granted.

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

Context and Settings

The proposal does not involve any alterations and additions to the existing building but does increase impervious area for carparking provision. The built form is retained and there are no concerns in this regard. The surrounding area has a wide range of commercial and retail shops including home businesses. Given the variety of land uses in the locality, this will ensure the proposal is a compatible land use.

Traffic, Access and Parking

The likely impacts of the development with respect to traffic management and parking are dealt with in the relevant DCP section of this report.

Utility Services

The site has connections to utility services and subject to conditions, the proposal will provide sufficient stormwater drainage and ensure the proposal has the capacity to cope with the additional demand associated with the proposal.

Noise and Vibration

To maintain the acoustic privacy and amenity of the surrounding area, a standard condition restricting construction work hours is recommended and operational hours to the 8.30am to 6.00pm proposed.

Socio-Economic Impacts

The proposed development will provide a day-to-day service which benefits the well-being of the community. Facilitating a service which aims at maintaining a healthy community in addition to stimulating socio-economic activity in the local area is supportive of Penrith City's vision of achieving a sustainable and prosperous region. In addition, the proposal is unlikely to impact on local businesses or property values provided the scale is suitable relative to the land and does not represent that of a practice which should be located in a commercial zone.

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

The site is within a residential area where surrounding land uses are not likely to be adversely affected by the proposed development provided the scale of operation is reflective of site conditions and constraints. Although the site does not meet the provisions for parking requirements for a health consulting room, it is unlikely the proposal will generate unacceptable levels of traffic or parking demand if the scale of operations is limited to one practitioner. In addition, bus services are available directly in front of the site.

The site provides adequate facilities and services. Given the minor works involved in relation to new parking spaces, there will be negligible impacts on the environment.

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

Community Consultation

In accordance with Appendix F4 of Penrith Development Control Plan 2014, the proposal was notified to adjoining and adjacent neighbours and placed on public exhibition for a period of 14 days. No submissions were received.

Referrals

The table below summarises the results of internal referrals in relation to the proposal.

*Referral*	*Comments*
Building Surveyor	No objection, subject to recommended conditions.
Development Engineer	No objection, subject to recommended conditions.
Environment – Environmental Management	No objection, subject to recommended conditions.
Environment – Public Health	No objection, subject to recommended conditions.
Traffic Engineer	Concerns raised

Assessment of Council’s Traffic Engineer Advice

The proposal was internally referred to Council’s Traffic Engineer who raised concern with the development on the basis of vehicular assess and car parking non-compliances. These concerns are considered to be suitably addressed through the recommended reduction in operation reducing the parking requirements required by the DCP.

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

The public interest is best served by the orderly and economic use of land for purposes permissible under the relevant planning regime and in accordance with the prevailing planning controls. The proposal is with the relevant planning provisions and represents a suitable land use of the site provided the intensity of customer visits is managed as recommended.

Conclusion

In assessing this application against the relevant environmental planning policies, being Penrith Local Environmental Plan 2010 and Penrith Development Control Plan 2014, the proposal as lodged with Council is not considered to satisfy the aims, objectives and provisions of these policies due to the intensity of the proposed development and the resulting short fall of onsite car parking if two practitioners operate from the premise at the same time. If however operation was limited to one practitioner as recommended within this report, the resulting car parking deficit is reduced and the use of the site would generally comply with the objectives of the Local Environmental Plan and Development Control Plan.

The reduced intensity as recommended is not considered to result in any significant impacts on the natural, social or economic environment as the site is suitable for a lesser intensity of development and would then be in the public interest.

Subject to this restriction, the application is worthy of support and is recommended for approval subject to recommended conditions.

RECOMMENDATION

That:

1. The information contained in the report on Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair be received.

2. Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair be approved subject the following conditions:

Special Conditions

2.1 Restricted Operation

The operation of the premise is restricted as follows: -

- No more than one (1) practitioner is permitted to operate from the premise at any one time;

- No more than two (2) patients are to be parked on site at any one time;

- Patients / visitors shall be staggered and arranged on an appointment only basis; and

- Patients are required be advised to utilise the available on-site car parking rather than parking on the street.

2.2 Noise Complaints

In the event of ongoing substantiated noise complaints relating to the development being received by Council, the owner and/or occupier of the development will be required by Council to engage the services of a suitability qualified acoustic consultant to undertake a noise impact assessment on the development to address the effect of the developments activities on the affected residential receivers.

2.3 Boundary Fencing and Retaining Walls

All site boundary fences are to be constructed to height of 1.8 m behind the front building line. Any fencing or retaining walls required as a result of the development are to be paid for entirely by the person having the benefit of this consent. Any damage to boundary fencing during construction is to be rectified by the applicant prior to the issue of an Occupation Certificate.

Any retaining walls required by the proposed development shall:

(i) be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and

(ii) be separated from any other retaining wall or other structural support on the site by at least 2m, measured horizontally, and

(iv) have adequate drainage lines connected to the existing stormwater drainage system for the site, and

(v) be located entirely within the allotment boundary including all footings, drainage and backfilling measures.

(vi) be constructed of concrete or masonry blocks (timber walls are not permitted).

2.4 Parking Spaces

The garage car space and one stacked driveway car space shall be reserved for staff use only.

2.5 Pre-packaged Drinks

If pre-packaged refrigerated drinks are to be sold on site, the refrigerated appliance must be capable of maintaining a temperature of less than 5°C and be provided with a digital thermometer, accurate to 1°C that can be easily observed from outside the appliance.

2.6 Lubricant Dispensers

Oils, creams and balms must be dispensed via pumps or single use dispensers so as not to contaminate the products.

2.7 Linen and Towel Usage

Linen, towels and single use items must be changed between each client.

2.8 Landscape Requirements

Prior to the construction of the approved parking space, a planting plan is to be submitted to, and approved by Council, which provides replacement shrub planting around the accessible parking space and manoeuvring area in the front setback.

2.10 Standard Conditions

A001 – Approved Plans

A019 – Occupation certificate

A024 – Health Care Consulting Room

A026 – Advertising sign (not for residential)

A029 – Hours of operation and delivery times

A030 – No retail sales

A038 – Lighting locations

A039 – Graffiti

A046 – Obtain Construction Certificate before commencement of works

D001 – Implement approved sediment & erosion control measures

D007 – Cut and fill of land requiring Validation Certificate

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

E001 – BCA compliance

E006 – Disabled access and facilities

F111 – Premises construction

F137 – Skin Pen approval

H041 – Hours of work (other devt)

K101 – Works at no cost to Council

K201 – Infrastructure Bond

K202 – S138 Roads Act – Works and Structures

K209 – Stormwater Discharge – Minor Development

K504 – Stormwater Compliance

L012 – Existing landscaping (for existing development)

Q01F – Notice of Commencement & Appointment of PCA2

Q006 – Occupation Certificate (Class 2 - 9)

ATTACHMENTS/APPENDICES

1. ⇩	Elevations/Sections	1 Page	Attachments Included
2. ⇩	Perspective	1 Page	Attachments Included
3. ⇩	Site Plan	1 Page	Attachments Included
4. ⇩	Locality Map	1 Page	Attachments Included

Ordinary Meeting 6 February 2017

Acceptance of Grant Funding - Pedestrian Infrastructure Safety Around Schools Program

Compiled by: Daniel Davidson, Senior Traffic Engineer

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 grants offered by Roads and Maritime Services under the Pedestrian Infrastructure Safety Around Schools Program. The report recommends that Council accept the grants as outlined in the report.

Background

The goal of Roads and Maritime Services’ Pedestrian Infrastructure Safety Around Schools Program is to construct or upgrade pedestrian infrastructure (such as pedestrian crossing, refuges or pedestrian fencing, for example), at identified sites that meet RMS criteria, so as to improve pedestrian safety where undertaken.

In December 2015 Roads and Maritime Services (RMS) announced new grant funding for school zones for the construction of pedestrian facilities. The funding available was for 100 locations across all of NSW, with funding to be spread over 3 years. Council was given the opportunity to submit a limited number of grant applications for new and/or upgraded pedestrian facilities near schools.

The suitability of each school site was assessed for a pedestrian facility under the conditions of the grant. Sites were identified by Council’s Traffic Engineering officers and Council’s Road Safety Officer through a process of site inspections, review of previous investigations and review of previous data collection (including data on vehicle speeds, accidents, pedestrian and vehicle volumes).

Following site assessments 27 school sites in the Penrith LGA were listed for possible inclusion in the funding application. Due to the limited number of sites to be funded across NSW, our submission was subsequently shortlisted to 10 sites to include only the highest priority sites with the greatest chance of securing funding.

Current Situation

Funding submissions were prepared and submitted to the RMS for consideration, with funding notification of the grant offer received by Council in January 2017. Of the ten submissions made by Council, five applications were successful in gaining funding as outlined in this report.

The projects being implemented for 2016/2017 with grant funding from RMS are as follows:

Funding Year	School	Project Description	Total Project Cost	RMS Contribution
2016/17	James Erskine Public School	Additional pedestrian fencing and kerb extensions	$50,000	$50,000
2016/17	Samuel Terry Public School	Raised pedestrian crossing	$50,000	$50,000

The projects being constructed in 2017-2018 with grant funding from RMS are as follows:

Funding Year	School	Project Description	Total Project Cost	RMS Contribution
2017/18	Kingswood Public School	Pedestrian fencing, raised crossing and pedestrian refuge	$50,000	$50,000
2017/18	Penrith High School	Marked pedestrian crossing, kerb ramps, signage and line marking	$50,000	$50,000
2017/18	St Clair Public School	Raised pedestrian crossing and pedestrian fencing	$50,000	$50,000

The key requirements that Council must adhere to as part of its acceptance of project funding are outlined below:

1. Council provides written acceptance of funding.

2. Council submits monthly status reports.

3. Council submits invoices and evidence of work completed.

4. All physical works completed by 30 June in the financial year in which funding is allocated.

5. Any variations to scope must be discussed and approved by RMS before starting construction.

6. Council accepts ongoing maintenance of the completed asset.

Financial Services Manager’s Comment

This funding offer from RMS provides 100% of the required project costs for each pedestrian facility and does not require any matched funding from Council. Importantly, the funding addresses identified priority risk areas for Council in relation to school pedestrian safety. In accepting this grant funding Council accepts a commitment to the ongoing maintenance of these new assets outlined in the report.

Conclusion

Acceptance of the Pedestrian Infrastructure Safety Around Schools Program 2016/17 and 2017/18 grant offer will enable continued progressive implementation of road safety initiatives around schools in the Penrith LGA.

RECOMMENDATION

That:

1. The information contained in the report on Acceptance of Grant Funding - Pedestrian Infrastructure Safety Around Schools Program be received.

2. Council accept the grants offered by Roads and Maritime Services’ Pedestrian Infrastructure Safety Around Schools Program, totalling $250,000, as outlined in the report.

3. Council write to Roads and Maritime Services and Local State Members thanking them for their continued support for school and pedestrian safety initiatives within the Penrith Local Government Area.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 6 February 2017

2016 Local Government NSW Annual Conference

Compiled by: Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Outcome	We have confidence in our Council
Strategy	Demonstrate transparency and ethical behaviour
Service Activity	Support the Councillors in meeting their statutory obligations and roles as community representatives

Executive Summary

This report provides details of the proceedings of the 2016 Local Government NSW (LG NSW) Conference held at WIN Entertainment Centre, Wollongong from 16-18 October 2016.

Council submitted five issues to the Conference with three of Council’s issues being included in the Conference business paper and two issues determined to be a matter of existing policy and therefore were not considered for discussion. The report recommends that the information be received.

Background

The LG NSW Annual Conference is the forum at which the ongoing policies of local government in NSW are affirmed, amended and/or extended to address issues of concern for local government across the State. The 2016 Conference was held at WIN Entertainment Centre, Wollongong from 16-18 October 2016.

Council’s delegates who attended the Conference were Councillors Ross Fowler OAM, Greg Davies, Karen McKeown, Kevin Crameri OAM and Josh Hoole.

The support team was led by the General Manager, Alan Stoneham; Governance Coordinator, Adam Beggs, Community and Community Programs Coordinator, Tracy Leahy and Resource Recovery Coordinator, Aisha Poole.

As in previous years, Council also sponsored the attendance of representatives of the Deerubbin Local Aboriginal Land Council (DLALC) at the Conference. This year, Chairperson, Athol Smith and Chief Executive Officer, Kevin Cavanagh attended as representatives of the DLALC. The attendance of the DLALC representatives continues to enhance and strengthen the relationship between the DLALC and Council. The advice and counsel of the DLALC representatives when required has enabled Council’s delegates to participate in the debate on matters raised at the Conference with a greater level of awareness of the issues than would otherwise be possible.

Outcome of Motions submitted by Council

Council has a very successful track-record in past years at influencing the development of State-wide LGA policy, particularly in the areas of children’s services funding, planning, the environment, community planning, fire and emergency services, roads and transport, and rating policy.

This year, Council submitted five (5) motions, with three (3) of Council’s motions being included in the Conference business paper and two (2) motions determined to be a matter of existing policy so therefore not considered for discussion. The details of the motions and the outcomes at Conference are provided below:

Issues Considered at Conference

Motion 39 – Planning for Waste Services

That Local Government NSW actively works with the Greater Sydney Commission and the Department of Planning to ensure organics, recycling and waste processing infrastructure, building design and transport access issues are considered and covered in all 6 Sydney District Plans. District Plans must ensure planning for adequate capacity of waste and resource recovery infrastructure.

This Motion was Carried by the Conference.

Motion 40 – Waste Services High Density Living

That to ensure maintenance and improvement of residential amenity, the growth in higher density housing and traffic issues are properly considered and local government is consulted when planning for resource recovery, recycling and waste infrastructure in increased density developments.

This Motion was Carried by the Conference.

Motion 52 – Advertising Local Government Elections

That Local Government NSW calls on the NSW Government to:

1. Investigate the feasibility of a contribution being collected from all Councils in order to fund a television campaign to advertise local government elections.

2. Reinvest fine revenue collected from residents for failing to vote into a pool of funds that is allocated for future advertising campaigns.

This Motion was Carried by the Conference.

Other Motions

Council’s other motions were not put forward to the Conference for consideration as they were deemed to already be covered by existing policies and previous representations.

Pensioner Rebates – Increased Government Support

That Local Government NSW call on the NSW State Government to:

1. Confirm that they will continue to reimburse Councils 55% of pensioner rebates and amend the Local Government Act to preserve this important level of support to pensioners.

2. Commit to fully funding an increase to the Pensioner Rebate and subsequent indexation.

Exemptions for Community Housing Providers

That Local Government NSW call on the NSW State Government to amend the Local Government Act to remove the exemption that is currently being used by Community Housing providers.

This year the Conference was successful in dealing with every motion that was put forward by each Council.

Conference Venue for 2017

The Conference Venue for 2017 has been announced as being held in Sydney at the Hyatt Regency from Monday 4 December to Wednesday 6 December 2017.

Conclusion

Council was again successful in influencing NSW Local Government policy, and in advocating and lobbying for better outcomes that affect Penrith City Council and other local government areas across the State.

The Mayor has written to the Chairperson of the DLALC, Mr Athol Smith, expressing Council’s appreciation for his attendance and for the attendance of Chief Executive Officer, Kevin Cavanagh, as representatives of the DLALC.

RECOMMENDATION

That the information contained in the report on 2016 Local Government NSW Annual Conference be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

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 2016-2017 Annual Statements are presented
∞	Meeting at which any comments on the 2016-2017 Annual Statements are presented
+	Meeting at which the Annual Report is presented

Name	Position Title	Date lodged
Councillor Aaron Duke	Councillor	15 November 2016
Councillor Ben Price	Councillor	12 December 2016
Councillor Joshua Hoole	Councillor	19 December 2016
Councillor Kath Presdee	Councillor	12 December 2016
Councillor Todd Carney	Councillor	1 November 2016
Kumar Kumareswaran	Senior Design Engineer	15 December 2016
Matthew Buckley	Major Projects Coordinator	15 December 2016
Wasique Mohyuddin	Major Projects Coordinator	15 December 2016

1. ⇩	UDIA 2017 Congress - Program	3 Pages	Attachments Included
2. ⇩	UDIA 2017 Congress - Study Tours	3 Pages	Attachments Included

1. ⇩	Summary of Investments	6 Pages	Appendix
2. ⇩	Agency Collection Methods	1 Page	Appendix