Agenda of Ordinary Meeting - 27 February 2017

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 6 FEBRUARY 2017 AT 7:30PM

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 the Rev Neil Checkley.

PRESENT

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

APOLOGIES

1 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke that apologies be accepted from Councillors Greg Davies and Jim Aitken OAM.

CONFIRMATION OF MINUTES - Ordinary Meeting - 19 December 2016

2 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 19 December 2016 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Mayoral Minutes

1 Passing of Jennifer Piggott

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

3 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Jennifer Piggott be received.

2 Locals recognised in 2017 Australia Day Awards

Councillors Tricia Hitchen, Marcus Cornish, Mark Davies and Ross Fowler OAM spoke in support of the Mayoral Minute.

4 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen

That:

1. The Mayoral Minute on Locals recognised in 2017 Australia Day Awards be received.

2. Council note that Associate Professor Carol Liston received an AO for distinguished service to the preservation and documentation of Australian history and heritage, to professional societies, and to education as a teacher and mentor, and recognise her contribution to documenting the history of Penrith.

Reports of Committees

1 Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 7 December 2016

5 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 December, 2016 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 14 December 2016

6 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 December, 2016 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

1 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

7 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Tricia Hitchen that in the absence of Councillor Greg Davies, who requested this matter be brought to Council, consideration of this item be deferred.

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 Ben Price
Councillor Todd Carney
Councillor Aaron Duke
Councillor Karen McKeown
Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM
Councillor Mark Davies
Councillor Joshua Hoole
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor John Thain

Outcome 3 - We can get around the City

2 Acceptance of Grant Funding - Pedestrian Infrastructure Safety Around Schools Program

8 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kath Presdee

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.

Outcome 7 - We have confidence in our Council

3 2016 Local Government NSW Annual Conference

9 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the information contained in the report on 2016 Local Government NSW Annual Conference be received.

4 Pecuniary Interest Returns

10 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the information contained in the report on Pecuniary Interest Returns be received.

5 Development Applications Determined during the Council's Christmas/New Year Recess

11 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the information contained in the report on Development Applications Determined during the Council's Christmas/New Year Recess be received.

7 Audit Committee

12 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the information contained in the report on Audit Committee be received.

8 Summary of Investments & Banking and Agency Collection Methods for the period 1 December to 31 December 2016

13 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Summary of Investments & Banking and Agency Collection Methods for the period 1 December to 31 December 2016 be received.

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

3. The graphical investment analysis as at 31 December be noted.

4. The Agency Collection Methods as at 31 December be noted.

6 UDIA National Congress 2017

14 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Price

That:

1. The information contained in the report on UDIA National Congress 2017 be received

2. Councillors Mark Davies, Greg Davies, Tricia Hitchen and Aaron Duke, as well as any other available Councillors, be Council’s delegates to attend the Urban Development Institute of Australia National Congress 2017 to be held 4-6 April in Perth and leave of absence be granted as appropriate.

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

RR 1 Australia Day Celebrations

Councillor Ben Price congratulated Council staff for organising the 2017 Australia Day Celebrations at Jamison Park and requested that Council investigate the feasibility of alternating our future Australia Day Celebrations between Jamison Park and a venue in the eastern section of the Local Government Area commencing with a 2018 Australia Day Celebration at either St Clair or St Marys.

RR 2 Condition of Littlefields Road, Mulgoa

Councillor Marcus Cornish requested an urgent report to Council regarding the increased traffic on Littlefields Road, Mulgoa due to the demolishing and rebuilding of the Northern Road Bridge over the M4 Motorway, including investigating whether the road needs resurfacing, as well as a study of what other surrounding roads have been affected in the short term.

RR 3 Anti-Terrorism Barriers for use at Events

Councillor Marcus Cornish requested a memo reply to all Councillors regarding Council purchasing temporary concrete barriers, or other effective barriers, for anti-terrorism at events such as ANZAC Day marches and Australia Day celebrations, and investigating whether these can be State funded.

RR 4 Naming of Western Sydney Airport

Councillor Ross Fowler OAM requested a report to Council regarding the naming of Western Sydney Airport in honour of aviator William (Billy) Hart who had a connection with Western Sydney and particularly Penrith, and who was the holder of the first Australian Pilot’s Licence.

RR 5 Linemarking - Ninth Avenue, Llandilo

Councillor Kevin Crameri OAM requested that centre linemarking be provided to the crest and curve of Ninth Avenue, Llandilo, just east of Third Avenue, due to increased traffic in the area.

RR 6 McGarrity's Hill Sign

Councillor Kevin Crameri OAM requested that the missing ‘McGarrity’s Hill’ sign be reinstalled at its original location on the corner of Ninth Avenue and Northern Road, Llandilo.

RR 7 Residential Parking in Jordan Springs

Councillor Kevin Crameri OAM requested that the issue of cars parking too close to the centre line in narrow residential streets of Jordan Springs be referred to the Local Traffic Committee with a view to finding a solution to the problem.

RR 8 Damage to Toilet Block and Children's Playground - Park in Jordan Springs

Councillor Kevin Crameri OAM requested that Lendlease be contacted to advise when they will repair the damage incurred to the toilet block in the new park and to the children’s playground in Jordan Springs, including a missing gate.

RR 9 Fire Fighting Access to New Homes in Ninth Avenue, Llandilo

Councillor Kevin Crameri OAM requested a memo reply to all Councillors advising how the Bush Fire Brigade may obtain access to the new homes in Ninth Avenue, Llandilo for fire fighting purposes as side access does not appear to have been provided.

UB 1 M4 Motorway Toll

Councillor Aaron Duke requested that Council write to WSROC to consult with other member councils regarding investigating the economic impact of a toll for the M4 Motorway on residents of the Penrith Local Government Area and exploring other options to fund the M4 Motorway extensions.

15 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as an urgent matter.

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

16 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Marcus Cornish that Council write to WSROC to consult with other member councils regarding investigating the economic impact of a toll for the M4 Motorway on residents of the Penrith Local Government Area and exploring other options to fund the M4 Motorway extensions.

RR 10 Emergency Services Property Levy

Councillor Karen McKeown requested a Councillor Briefing item on the Emergency Services Property Levy (ESPL) regarding how this new State levy will impact on Council in terms of ongoing maintenance, costs to residents and how the 11.7% levy will be treated.

RR 11 Container Deposit Scheme

Councillor Karen McKeown requested a Councillor Briefing item on the Container Deposit Scheme and how it will operate and impact on the Penrith community, in particular how Council can share in the recyclables that are collected kerbside using the EPA protocol.

UB 2 Queen Elizabeth - Sapphire Jubilee

Councillor Mark Davies requested that Council write a letter of congratulations to Her Royal Highness Queen Elizabeth, offering congratulations on her 65 years on the throne and as Head of the Commonwealth and expressing appreciation of her leadership and reign for the past 65 years.

17 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as an urgent matter.

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

18 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish Councillor Mark Davies requested that Council write a letter of congratulations to Her Royal Highness Queen Elizabeth, offering congratulations on her 65 years on the throne and as Head of the Commonwealth and expressing appreciation of her leadership and reign for the past 65 years.

RR 12 Australia Day 2017 Celebrations in Penrith

Councillor Bernard Bratusa requested a memo reply clarifying why the Australian Flag was not placed on Council’s official material for Penrith’s Australia Day 2017 celebrations.

Committee of the Whole

19 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:34pm.

1 Presence of the Public

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

Outcome 7

2 Licence of part Belmore Street Carpark to Transport for NSW for Temporary Bus Interchange

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.

The meeting resumed at 8:37pm and the General Manager reported that the Committee of the Whole met at 8:34pm on 6 February 2017, the following being present

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 Licence of part Belmore Street Carpark to Transport for NSW for Temporary Bus Interchange

RECOMMENDED on the MOTION on Councillor Kevin Crameri OAM seconded Councillor Mark Davies

CW2 That:

1. The information contained in the report on the Licence of part Belmore Street Carpark to Transport for NSW for Temporary Bus Interchange be received.

2. Council resolve to enter into a Licence agreement with Transport for NSW over the identified land in accordance with the terms and conditions as detailed in this report.

3. Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

ADOPTION OF Committee of the Whole

20 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Aaron Duke that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:39pm.

Ordinary Meeting 27 February 2017

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 February, 2017

PRESENT

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Karen McKeown (Council Representative), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van-Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC, Stephen Page – St Marys Police LAC.

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady – Busways, David Zaher - Transit Systems NSW, Nick Veljanovski – Transit Systems NSW, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Kevin King – Trainee Engineer, Bernie Meier – Signs and Line Marking Officer, Steve Purvis – Senior Ranger.

APOLOGIES

Councillor Aaron Duke (Representative for the Member for Londonderry), Adam Wilkinson – Engineering Services Manager.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 December 2016

The minutes of the Local Traffic Committee Meeting of 5 December 2016 were confirmed.

DECLARATIONS OF INTEREST

NIL

DELIVERY PROGRAM REPORTS

Outcome 3 - We can get around the City

Stephen Page – St Marys Police LAC arrived at the meeting, the time being 9:07am and Catherine Waerner – Road Safety Officer arrived at the meeting, the time being 9:10am.

1 Old Bathurst Road and Smith Street, Emu Plains - Intersection Improvement Investigations

RECOMMENDED

That:

1. The information contained in the report on Old Bathurst Road and Smith Street, Emu Plains - Intersection Improvement Investigations be received.

2. Council note the information.

2 Jordan Springs - Bus Routes and Bus Stops

RECOMMENDED

That:

1. The information contained in the report on Jordan Springs - Bus Routes and Bus Stops be received.

2. The Bus Route 783 adjustments and new Bus Stops as listed in this report and shown on Appendix 1 be implemented subject to provision of complying Bus Stop boarding points being provided by Lend Lease.

3. Busways, Lend Lease and residents near the proposed bus stops be advised of Council’s decision.

3 Station Street and Lethbridge Street, St Marys - Proposed Double Barrier Line Marking and 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Station Street and Lethbridge Street, St Marys - Proposed Double Barrier Line Marking and 'No Stopping' Restrictions be received.

2. Consultation be undertaken with affected residents regarding the proposed ‘No Stopping’ restrictions at the bend between Station Street and Lethbridge Street, St Marys.

3. Subject to no substantial objections being received from the affected residents, double barrier line marking and ‘No Stopping’ restriction signage be provided at the bend between Station Street and Lethbridge Street, St Marys, as shown in Appendix 1.

4. Busways and St Marys Town Centre Management be advised of Council’s resolution.

4 ANZAC Day Services and Marches - Sunday, 23 April 2017 and Tuesday, 25 April 2017

RECOMMENDED

That:

1. The information contained in the report on ANZAC Day Services and Marches - Sunday, 23 April 2017 and Tuesday, 25 April 2017 be received.

2. The Traffic Management Plans for the Class 2 and Class 4 Special Events pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events 2006” for the ANZAC Day Dawn Service and March on Sunday, 23 April, and Service and March on Tuesday, 25 April, 2017 be endorsed, subject to the following conditions:

(a) Approval be given for the temporary closure of the following roads for the duration of the events: -

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

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

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

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

(f) The event applicant arranges 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.

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

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

(i) The event applicant 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 events. 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 events to proceed.

(j) Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the events (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

(k) The event organiser notifies ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed events and submit a copy of the notification to Council prior to the events.

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

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

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

(o) The event applicant is to request participants to obey road rules and Police directions during the events.

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

4. As a requirement of the RMS "Guide to Traffic and Transport Management for Special Events 2006”, this approval endorsing the traffic management plans be considered as Council’s Authorisation to regulate traffic on Council roads.

5 Swallow Drive and Peppertree Drive, Erskine Park - Proposed Roundabout

RECOMMENDED

That:

1. The information contained in the report on Swallow Drive and Peppertree Drive, Erskine Park - Proposed Roundabout be received.

2. A project be entered into Council’s Traffic Facilities Prioritisation Program for the design and construction of a roundabout at the intersection of Swallow Drive and Peppertree Drive, Erskine Park.

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

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

6 Santley Crescent, Kingswood - Proposed 'No Stopping' Restrictions

RECOMMENDED

That:

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

2. ‘No Stopping’ signage be installed on Santley Crescent, Kingswood, as shown in Appendix 1.

3. The resident that raised the matter, adjacent residents and the Kingswood Bowling Club be advised of Council’s resolution.

7 Kurrajong Road, North St Marys - Proposed 'No Stopping' Restrictions at Intersection with Maple Road

RECOMMENDED

That:

1. The information contained in the report on Kurrajong Road, North St Marys - Proposed 'No Stopping' Restrictions at Intersection with Maple Road be received.

2. Consultation be undertaken with affected residents regarding Council’s intention to install ‘No Stopping’ signage as shown in Appendix 1.

3. Subject to no substantial objections, ‘No Stopping’ restrictions be installed at the intersection of Kurrajong and Maple Roads, North St Marys, as shown in Appendix 1.

4. The resident be advised of Council’s decision.

8 Nichols Place, Kingswood - Proposed Parking Restrictions

RECOMMENDED

That:

1. The information contained in the report on Nichols Place, Kingswood - Proposed Parking Restrictions be received.

2. Consultation be undertaken with affected residents with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, ‘No Parking’ restrictions (8.30am to 3.30pm School Days) be implemented on the eastern side of the road and turning head of Nichols Place as shown in Appendix 1.

4. Residents in Nichols Place, the Principal of St Dominic’s College and Council’s Ranger Services be notified of Council’s decision.

9 "Head of the River" Regatta, Saturday, 18 March 2017 - Sydney International Regatta Centre

RECOMMENDED

That:

1. The information contained in the report on "Head of the River" Regatta, Saturday, 18 March 2017 - Sydney International Regatta Centre be received.

2. The Traffic Management Plan for the Class 2 event pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events” for the “AAGPS Head of the River” on Saturday 18 March, 2017 be endorsed, subject to the following requirements:

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

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

(c) A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event should traffic management arrangements be put in place.

(d) The event applicant arranges to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed 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.

(e) The event organiser notifies ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(f) The event applicant provide advice to Council prior to the event that the event complies with the NSW Occupational Health and Safety Act 2000 and the NSW Occupational Health and Safety Regulations 2001

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

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

(i) Where provided, variable message sign boards be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

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

10 Sydney International Rowing Regatta Event - Monday, 27 March 2017 to Sunday, 2 April 2017

RECOMMENDED

That:

1. The information contained in the report on Sydney International Rowing Regatta Event - Monday, 27 March 2017 to Sunday, 2 April 2017 be received.

2. The Traffic Management Plan for the Class 2 event pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events” for the “Sydney International Rowing Regatta” from Monday 27 March to Sunday 2 April, 2017 be endorsed, subject to the following requirements:

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

(i) Where provided, variable message sign boards be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

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

11 Barrett Place, Cranebrook - Proposed 'No Parking' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Barrett Place, Cranebrook - Proposed 'No Parking' Restrictions be received.

2. Consultation be undertaken with affected residents regarding the proposal to install parking restrictions within the turning head at the eastern end of Barrett Place, Cranebrook, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, part-time “No Parking” (5pm Tues – 5pm Wed) be installed in the turning bay, at the eastern end of Barrett Place, Cranebrook as shown on Appendix 1.

4. Council’s Waste Services section be advised of Council’s resolution.

12 Endeavour Avenue, St Clair - Proposed 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Endeavour Avenue, St Clair - Proposed 'No Stopping' Restrictions be received.

2. ‘No Stopping’ restrictions be extended by approximately 12m on the northern side of Endeavour Avenue as shown in Appendix 1.

3. St Clair Shopping Centre be advised of Council’s decision.

GENERAL BUSINESS

GB 1 Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Proposed 'Left Only' Restrictions

Graham Green advised the Committee of concerns raised by residents in regard to increasing traffic volumes, speeding and traffic conflicts along Wattlebird Crescent, Glenmore Park. Residents have requested that Wattlebird Crescent be made a “No Through Road”. Representations have also been made by Councillor Joshua Hoole on behalf of residents.

Background

Wattlebird Crescent has a narrow local access type road width of 5.5 metres which reduces the road to one lane for through traffic at points were vehicles are parked. However, the road network arrangement tends to encourage through drivers to use this local road as a short-cut between Ridgetop Drive and Shearwater Drive, resulting in increasing traffic numbers, inappropriate speeds and traffic conflicts.

Traffic volume and speed counts undertaken in Wattlebird Crescent show the following;

• Year 2012 – Daily traffic volume 555, 50th percentile speed 45 km/h and 85th percentile speed 54 km/h

• Year 2015 – Daily traffic volume 969, 50th percentile speed 44km/h and 85th percentile speed 50 km/h

• Year 2016 – Daily traffic volume 1056, 50th percentile speed 44km/h and 85th percentile speed 50km/h

These counts indicate that traffic volumes are increasing as further development occurs in the area and that speeds are higher than appropriate for this type of narrow local access road. There were also times when there are some drivers who drive contrary to the posted 50km/h speed zoning.

Analysis of the five-year Police attended crash data from July 2010 to June 2015 revealed one recorded crash which was a “cross traffic” injury crash at the intersection of Wattlebird Crescent and Ridgetop Drive. Residents have also advised of several unreported minor crashes and mounting of kerbs.

Options were considered to close Wattlebird Crescent to through traffic and control traffic to encourage through traffic to travel along the appropriate wider, collector type roads of Ridgetop Drive and Shearwater Drive rather than shortcutting through Wattlebird Crescent.

Preliminary plans of Wattlebird Crescent were viewed and showed that it was not feasible to fully close Wattlebird Crescent to through traffic due to insufficient road reserve widths to provide a turning head for waste collection trucks and other service vehicles.

The option of a one-way restriction was considered not effective because it would still have issues with one way through traffic speeds and conflicts.

The option of a “Left Only” restriction in Wattlebird Crescent at Ridgetop Drive and associated line marking, signposting and raised median treatments was considered the most feasible option to restrict through traffic while allowing circulation of waste collection trucks and other vehicles. There are two houses on the southern side of Wattlebird Crescent that would be required to place their bins on the opposite side of the road for waste collections.

RECOMMENDED

That:

1. The information contained in the report on Wattlebird Crescent, Glenmore Park – Proposed “Left Only” restriction be received.

2. Council undertake consultation with residents of, and adjacent properties to, Wattlebird Crescent, Glenmore Park.

3. Subject to no substantial objections, the proposed “Left Only” restriction in Wattlebird Crescent at Ridgetop Drive, Glenmore Park and associated intersection work including line marking and signposting be supported in principle.

4. Council submit a Traffic Management Plan for the proposed “Left Only” restriction in Wattlebird Crescent at Ridgetop Drive, Glenmore Park to the RMS for acceptance.

5. Subject to Traffic Management Plan acceptance, Council advertise the proposed “Left Only” restriction in Wattlebird Crescent, at Ridgetop Drive, Glenmore Park in Council’s Public Notice and Local Paper.

6. Council’s Design Co-ordinator be requested to prepare a construction design for the provision of “Left Only” restrictions in Wattlebird Crescent at Ridgetop Drive, Glenmore Park, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

7. The project be funded from the current or a future Urgent and Local Traffic Committee budget.

8. The residents who reported the matter and Councillor Joshua Hoole be advised of Council’s resolution.

GB 2 Tench Avenue, Jamisontown - Endorsement of Design Plan AT87

David Drozd presented Design Plan AT87 to the Committee which proposes the installation of a shared path and the subsequent relocation of the two accessible parking spaces located on the foreshore of Nepean River, on Tench Avenue, Jamisontown. This plan proposes to provide angled parking spaces fronting the proposed shared user path and includes an indented Bus Bay.

RECOMMENDED

That:

1. Consultation be undertaken with adjoining properties regarding the proposed upgrades on Tench Avenue, Jamisontown as shown in Design Plan AT87.

2. Subject to no substantial objections being received, Design Plan AT87 be endorsed for construction.

GB 3 Fernhill Estate, 2017 Concert Special Event - Traffic Management Plan Endorsement

Graham Green presented to the Committee a Traffic Management Plan (TMP) for a Concert Special Event proposed to be held in Fernhill Estate off Mulgoa Road, Mulgoa.

Graham Green advised that the TMP indicated possible dates on Sunday, either 16, 23 or 30 April 2017, of when the event is to be held however it was advised that the event may take place at a time after this, subject to the TMP conditions for referral and acceptance of the TMP and final date by Roads and Maritime Services (RMS), Transport for NSW Transport Management Centre (TMC), Police and Council.

The Chair, Wayne Mitchell advised that dates in May were also being talked about by the applicant. Wayne Mitchell also commented that the acceptance of the TMP and TMP conditions would allow the date to vary subject to further acceptances by RMS, TfNSW, TMC, Police and Council.

Background

Council have received a development application (reference DA16/1375) for a proposed Fernhill Estate Concert event to be held at 1041 Mulgoa Road, Mulgoa (known as Fernhill Estate) on Sunday, either 16, 23 or 30 April 2017. The development application included a Special Event Traffic Management Plan (TMP). Any acceptance and conditions for this TMP will also be subject to Council acceptance of the event development application and additional associated conditions.

The event is considered to be a Class 1 Event under the RMS “Guide to Traffic and Transport Management for Special Events” and will require a TMP and a Risk Management Plan to be prepared by the applicant to be submitted to the RMS and the TMC for concurrence prior to the event.

Public Transport

The event organisers propose to charter buses to run the shuttle services from prearranged pick up locations.

Site Access

Entry to the site for private vehicles will be via the southern main gate at Mulgoa Road. Exit for all vehicles will be through the northern gate at Mulgoa Road. Bus and taxi entry and exit will be via the northern gate.

There will be no right turn into the southern main gate from Mulgoa Road for vehicles traveling south, these vehicles will detour via St Thomas Road (south), Farm Road and Littlefields Road to return north bound on Mulgoa Road to turn left into the southern main gate and northern gate.

Buses and taxis would arrive from the same direction and turn left into the northern gate. They will be brought into the site and terminate at an appropriate area for set down, disembarkation and turning for exit along the same road. Buses will turn left out of the gate and return to Penrith.

Exit from the site for all vehicles will be via the northern gate. Vehicles will be instructed to exit left to ’M4 Via Penrith’ and right ’M4 and M5 Via The Northern Rd’. Traffic controllers will assist for safety.

The site access driveways will be under the management of traffic controllers to maintain appropriate and safe access and egress for staff and patrons while maintaining traffic flow along Mulgoa Road.

A temporary restriction of speed on Mulgoa Road, in both directions, will be applied for. It is requested to reduce speed to 60kmph for the 2 kilometres of Mulgoa Road from Mayfair Road to St Thomas Rd immediately alongside the event.

Emergency access will be available via both gates.

On-site parking

Car parking will be provided on the existing open grassed paddock within one designated on-site car parking for participants and spectators. This parking area will accommodate up to 1800 vehicles. Dedicated and separate staff parking will be provided on-site for up

to 100 staff vehicles.

Pedestrian Control

Parking is being provided within the Fernhill Estate similar to the April 2013 event, no vehicles were parked on Mulgoa Road. When patrons purchase tickets it will include a prompt to pre-purchase parking or special event bus travel.

The closure of St Thomas Road (north) at Mulgoa Road and St Thomas Road at Kings Hill Road will minimise the patrons trying to park externally.

Pedestrians will be guided by marshals from the parking area and the bus and taxi drop off zones to the entry point.

Road Closures

St Thomas Road (north) is proposed to be closed at Mulgoa Road and at Kingshill Road (access road behind St Thomas Historic Church) during event times to help improve traffic flow. Any local access to this section of St Thomas Road will be by traffic control at the St Thomas Road / Kingshill Road closure.

A detour will be provided via Mulgoa Road, St Thomas Road (south), Farm Road, Littlefields Road and then right north bound along Mulgoa Road to left into the Event entry gates.

Traffic Control

Traffic controllers are proposed at the intersections of Mulgoa Road / southern main gate, Mulgoa Road, Mulgoa Road / northern gate, Mulgoa Road / Littlefields Road, Littlefields Road / Farm Road, St Thomas Road / Farm Road and St Thomas Road / Kingshill Road.

The intersection of Mulgoa Road / Littlefields Road will be the main constraint (rather than the entry driveway) for both vehicles associated with the special event and other traffic in the local area. As per the traffic volumes observed at the Fernhill Races Event in April 2013, the cycle time at this intersection will be traffic controlled to not exceed three minutes to help minimise delays to motorists.

Variable Message Signs

Variable Message Signs (VMS) are proposed on Mulgoa Road a minimum of one week prior to the event at:

· Mulgoa Road north approach - 900 metres north of the site entry

· Mulgoa Road south approach - 450 metres south of the site entry.

On the event day, additional VMS are proposed on the M4 Motorway, The Northern Road and Mulgoa Road (north of the M4).

Conclusion

The Special Event TMP has the same traffic controls and detours that were in place for the Fernhill Race Event in April 2013 which were found to be effective. It provides a workable solution to the traffic generated by this event, provided the appropriate VMS, police and traffic controller presence is available at all times for the event.

The Special Event TMP is recommended for approval, subject to conditions.

RECOMMENDED

That:

1. The information contained in the report on Fernhill Estate 2017 Concert Special Event - Traffic Management Plan Endorsement be received.

2. The event applicant be advised that this is a Class 1 Event under the “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.

3. The Traffic Management Plan submitted by the event applicant detailing the proposed traffic diversions for the event to be held at a time to be accepted by Roads and Maritime Services, Transport for NSW, Traffic Management Committee, Police and Council be endorsed. The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan.

4. A Transport Management Plan, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services and the Transport for NSW Traffic Management Centre for concurrence, prior to the event. A copy of the Roads and Maritime Services and the Transport for NSW Traffic Management Centre’s approval must be submitted to Council prior to the event.

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

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

7. The event applicant arrange to place barricades and traffic cones and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed 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.

8. The event applicant must provide advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

9. The event applicant advertise the proposed traffic diversions in local newspapers and other media as described in the Traffic Management Plan, a minimum of two weeks prior to the event.

10. The event applicant notify ambulance and fire brigades (Fire & Rescue NSW and the NSW Rural Fire Service) and the NSW State Emergency Service of the proposed event, and submit a copy of the notification to Council prior to the event.

11. The event applicant notify private bus companies and coach organisations and taxi companies of the proposed event and submit a copy of the notification to Council prior to the event.

12. 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.

13. All works as part of this approval are conducted at no cost to Council.

14. The event applicant to ensure that foliage is cleared near both access driveways to Fernhill Estate in order to improve sight distances for exiting vehicles.

15. The event applicant to ensure that railings within the existing fence be removed near the northern, secondary access driveway to Fernhill Estate in order to increase the access width for vehicles entering and exiting the site.

16. The event applicant to ensure that access driveway aprons are sealed with asphaltic concrete (AC) or similar in order to minimise rubble spilling onto Mulgoa Road.

17. The event applicant to ensure that a traffic controller is provided on Mulgoa Road, Mulgoa, in the vicinity of the southbound approach back of queue to provide feedback to traffic controllers and to warn approaching drivers of the queue.

18. The event applicant is to ensure that a Road Closed – Local Access via St Thomas Road (south) and direction arrow is provided at St Thomas Road (north) intersection with Mulgoa Road, Mulgoa.

19. The event applicant to ensure that a traffic controller is provided at the intersection of St Thomas Road and Farm Road, Mulgoa to offer direction to motorists attending the event.

20. The event applicant to ensure that a traffic controller and Road Closed – Local Traffic Only signage is provided at the intersection of St Thomas Road and Kingshill Road, Mulgoa.

21. The event applicant to ensure that a traffic controller is provided in Farm Road, Mulgoa to monitor and control driver and parking behaviour in the vicinity.

22. The event applicant is to ensure that Fernhill Direction signs are provided facing both the north bound and southbound approaches of The Northern Road to Littlefields Road, Mulgoa.

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

GB 4 Mulgoa Road, Penrith - Review of Traffic Lights

Councillor Karen McKeown advised the Committee of concerns raised by residents about the current operation of the traffic lights fronting the Masters complex on Mulgoa Road, Penrith.

Councillor McKeown requested that a review be undertaken of the traffic lights with regard to the possibility of altering the phasing of the traffic lights to give priority to vehicles travelling on Mulgoa Road, Penrith or consider removing the traffic lights and restricting access to the complex, via Regentville Road, Penrith.

The Chair, Wayne Mitchell advised that 8 proposed tenancies are before Council as a development application and that the traffic signals are likely to be required in their current arrangement.

RECOMMENDED

That Council’s Traffic Section write to the Roads and Maritime Services (RMS) requesting a review be undertaken of the traffic lights fronting the Masters complex on Mulgoa Road, Penrith and request that the phasing of the traffic lights be adjusted, to give priority to vehicles travelling along Mulgoa Road, Penrith.

GB 5 Glossop Street, Forrester Road and Christie Street, St Marys - Faded Line Marking

Senior Constable Stephen Page of St Marys LAC advised the Committee that the line marking along Glossop Street, Forrester Road and Christie Street, St Marys has faded and needs to be repainted.

Bernie Meier, Council’s Signs and Line Marking Officer advised the Committee that the line marking along Forrester Road has now been repainted. It was also advised that the line marking along Glossop Street and Christie Street have been scheduled into Council’s Works Program and are due to repainted over the coming weeks.

RECOMMENDED

That the Committee note the information.

GB 6 Warwick Street and Stafford Street, Penrith - "Burnouts" and Antisocial Driver Behaviour

Deputy Mayor, Councillor Tricia Hitchen advised the Committee of concerns raised by residents about “burnouts” and antisocial driver behaviour being conducted at the intersection of Warwick Street and Stafford Street, Penrith. Deputy Mayor, Councillor Hitchen requested that this intersection be investigated.

Matthew Shirvington of Penrith Police LAC advised the Committee that he was aware of the location and that a formal request had been sent to the Penrith Police LAC.

RECOMMENDED

That the Committee note the information.

GB 7 M4 Western Motorway and Mulgoa Road, Penrith - Traffic Congestion Occurring on Off Ramp Exit

Councillor Marcus Cornish advised the Committee of queued traffic occurring at the intersection of the M4 and Mulgoa Road, Penrith when vehicles turn right onto Mulgoa Road, Penrith from the M4 Western Motorway off ramp exit. Councillor Cornish requested that the RMS undertake investigations into keeping the intersection of Mulgoa Road and the M4 Western Motorway off ramp exit clear.

Laura Van-Putten of RMS advised that the subject intersection generally operates satisfactory from a network perspective.

RECOMMENDED

That:

1. Council’s Traffic Section write to the Roads and Maritime Services (RMS) requesting that a review be undertaken of the M4 Western Motorway off ramp exit leading to Mulgoa Road, Penrith with a view of implementing measures in keeping the intersection clear.

2. Councillor Marcus Cornish be advised of the outcome.

GB 8 Victoria Bridge and Great Western Highway, Penrith - Visibility of Footpath and Gutter

Councillor Marcus Cornish advised the Committee of concerns received from residents about the lack of visibility of the footpath and gutter on the Great Western Highway, Penrith along Victoria Bridge. Councillor Cornish requested that options into improving the visibility of the footpath and gutter be investigated.

RECOMMENDED

That:

1. Council’s Traffic Section write to the RMS requesting a review of the footpath and gutter along the Great Western Highway, Penrith on Victoria Bridge and investigate options into improving their visibility to assist drivers.

2. Councillor Marcus Cornish be advised of the outcome.

GB 9 Nepean Street and Dewdney Road, Emu Plains - Poor Visibility of Chevron Signs

Councillor Marcus Cornish advised the Committee of concerns received on behalf of residents about the shadows from trees reducing the visibility of the chevon signs on the median islands located at the intersection of Nepean Street and Dewdney Road, Emu Plains. Councillor Cornish suggested providing another colour other than white to assist with visibility.

David Drozd, Traffic Engineering Coordinator advised Councillor Cornish that yellow on black chevron signs are only used to delineate bends, however a post opening audit of the site will be conducted.

RECOMMENDED

That the Committee note the information.

There being no further business the Chairperson declared the meeting closed, the time being 10:55am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 February, 2017 be adopted.

Ordinary Meeting 27 February 2017

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 8 February, 2017

PRESENT

Councillor Tricia Hitchen (Chair), David Currie, Anthony Mulholland, Allan Windley, Carole Grayson.

IN ATTENDANCE

Claire Galvin – Disability Inclusion Officer, Hans Meijer – City Assets Manager, Joe Ibbitson – Community Programs Coordinator, Gannon Cuneo – Environmental Planner, Kathryn Saunders – Senior Environmental Planner, Mathew Rawson – Senior Environmental Planner, Craig Squires – Acting Coordinator Certification and Fire Safety.

APOLOGIES

Apologies were accepted from Farah Madon, Erich Weller, Councillor Todd Carney and Graham Howe.

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 December 2016

The minutes of the Access Committee Meeting of 14 December 2016 were confirmed.

BUSINESS ARISING FROM PREVIOUS MINUTES

GB8 – Accessible Parking at Nepean Square

David Currie thanked Erich Weller for the memo with information regarding accessible parking at Nepean Square.

GB6 – Shopping Trolleys

Allan Windley thanked Erich Weller for the information received on shopping trolleys.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

1 Development Applications Referred to Access Committee

DA16/1166 Caddens Hilltop Park, O’Connell Street, Caddens

Gannon Cuneo gave an overview of the proposal which includes demolishing existing structures, tree removal, earthworks, a staged subdivision of 257 residential lots, three residue lots, one open space lot and one drainage reserve lot, road construction and tree planting, landscape and drainage and embellishment of the Caddens Hilltop Park. The Caddens Hilltop Park is proposed to include active play space, landscaping, a shade structure and associated signage. Gannon Cuneo asked the Committee for feedback which will be go back to the applicant.

Gannon Cuneo advised that some key accessibility issues had been identified which include no accessible path of travel to the lower part of the site. Concerns were also raised with accessibility to pergolas and play equipment. The initial proposal did not include provision of accessible play equipment and amenities. The applicant has now provided an amended plan and accessible paths to the top of the play equipment.

Councillor Hitchen read out comments received from Farah Madon:

“The development notes that "disabled access to the shelter is not possible". It also goes on to state that they will cater for "mentally impaired children" and that "design would be severely compromised, cost prohibitive".

From what I can see on the drawings, access is not adequate. The Access report does provide some suggestions that has improved access but still it will leave a number of important areas without access.

In brief, as a committee responsible for promoting access, I would be very hesitant to support this based on the cost factor where 99 plots are going to be sold. If the site is unsuitable for a park then another site for a park could be identified.

I would ask them to go back to the drawing board and try to incorporate an outdoor lift to access the viewing platforms or if this is too expensive get an "unjustifiable hardship" dispensation from the Australian Human Rights Commission not from the Access Committee.”

David Currie endorsed Farah Madon’s comments and queried why this site was chosen for the park. He expressed concern that the site was inappropriate and there was no accessibility to the bottom corner of the block.

Anthony Mulholland also stated that the proposed park was not accessible and did not have a toilet block or seating. Gannon Cuneo replied that there are benches and seating at the bottom of the park but no amenities are provided as they are located in the sports fields. Gannon Cuneo advised that the amenities in the sports fields will be constructed at the same time as the proposed park development.

Councillor Hitchen stated that the park should be accessible to all and also expressed concern regarding the use of the term “mentally impaired children”.

DA16/1303 Youth and Community Centre, 21 Queen Street, St Marys

Gannon Cuneo presented the development application for proposed refurbishment for an existing premises for occupation and use as a youth and community centre at 21 Queen Street, St Marys. The proposal involves the change of the use of premises from retail to a youth and community centre, demolition of all internals including the existing kitchen and fitout involving construction of new internal walls, a media room, information technology room, kitchen and office. Construction of new toilet facilities includes one accessible toilet. An access ramp is proposed to be constructed at the entrance to the premises.

Gannon Cuneo advised that the proposed development is 50m from St Marys Railway Station, located near the turning circle on the left-hand Mt Druitt side.

David Currie asked if it was possible to park at the back of the premises and have rear access for people with disabilities rather than come around to the front. Gannon Cuneo undertook to ask the applicant to confirm this.

Councillor Hitchen read out the comments provided by Farah Madon:

“The design has not been reviewed for Access provisions of the BCA. Part of the conditions of consent could be as listed below:

· New reception counter (min 1M) to be stepped down for use by a person in a wheelchair

· 1550mm diameter space required behind reception counter

· Door to the office requires door circulation as per AS1428.1

· Accessible toilet to be as per AS1428.1 (the drawing shows the WC pan in the centre of the wall which is incorrect)

· Male and female banks of toilets to have one ambulant cubicle each

· Luminance contrast to be provided to all doors and glazing strips to all glazed areas.

· Entry ramp and ramp to open yard to comply with AS1428.1.”

DA16/1320 Stage 2 – Precinct C Neighbourhood Park, Glenmore Park

Kathryn Saunders explained the background of the application for the linear park Glenmore Park Stage 2 (Precinct C) Forestwood Drive, Glenmore Park.

The proposal includes removal of vegetation, earthworks, construction of stormwater basins with rain gardens, provision of a formal play area including a play slope, slides, turf, shelters, a passive landscaped play area and a 2.5m shared path through the site.

David Currie queried whether accessible ramps off the footpath had been identified.

Kathryn Saunders advised that street lighting will be provided all around the outside of the park. Parks and Maintenance suggested not to have internal lighting.

Councillor Hitchen read out comments provided by Farah Madon:

“l There appears to be a 12M height difference between one end to the other end of the park. Accessibility in the park should be achieved by means of walkways or 1:14 grade ramps. These have not yet been detailed.

· Accessible parking should be provided close to the entry points to the park.

· Seating with backrests, good colour contrast for paving etc.”

Discussion was held regarding accessible parking spaces as on street parking is a problem for people with a disability.

DA16/1236 Twin Creeks Resort and Alterations and Additions to Existing Twin Creeks Gold and Country Club, Luddenham

Mathew Rawson presented the development application for staged construction of Twin Creeks Resort including a 275 room hotel, related facilities and alterations and additions to the existing Twin Creeks Golf and Country Club building at 2-8 Twin Creeks Drive, Luddenham.

The proposed development also includes a day spa, gymnasium, resort shop/boutique, a convenience store, administration area, kitchen and function facilities, a lagoon pool, deck and bar.

The application also includes significant renovations and expansion to the existing Clubhouse and facilities which include construction of a second level with new administration offices, additional locker room facilities, two lounge areas, a sports bar and small function spaces including a karaoke bar. The extension to the ground level will increase the restaurant accommodation to 100 and provide a function space which will accommodate 400 people.

The existing carpark will be replaced by two levels of underground parking which will have 23 accessible carparking spaces. The development provides 12 accessible rooms.

The Committee discussed the following issues:

· The lack of accessible carparking at ground level

· The access point at the front of the site does not lead to anywhere

· The volume of traffic to the site

· Wheelchairs are given a different path of travel

· No accessible parking at the front of the building

· Accessible path of travel from bus stop

· Lack of accessible visitor parking at the hotel

· There are no public bus services to the site

· Additional entrances to the site are required

· The distance to the lifts in the basement

· Bus stops should not be located too close to the road.

Councillor Hitchen requested that a report come back to the Access Committee to advise how the highlighted issues had been addressed.

RECOMMENDED

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

Kathryn Saunders, Mathew Rawson and Gannon Cuneo left the meeting at 5.50pm.

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

2 Disability Inclusion Action Plan 2017

Claire Galvin introduced the Disability Inclusion Action Plan 2017 report and advised that this report provides further information on the consultation stage of the process and the draft proposed actions and strategies for the next four years.

Joe Ibbitson emphasised that the proposed strategies and actions in the report are not comprehensive. Council strives to make access and inclusion part of day-to-day business.

Following the community consultations six internal workshops were held with staff from Council departments. It is proposed that the actions and strategies are incorporated into Council’s 2017-2021 delivery program.

David Currie referred to the meeting between the University researchers and Council in which it as raised that out of the 12 steps required for the disability action plan Council has already completed 10.

Joe Ibbitson advised that a draft version of the strategies and action would be brought to the April Access Committee meeting. The draft delivery program goes on exhibition in May.

RECOMMENDED

That the information contained in the report on the Disability Inclusion Action Plan 2017 be received.

GENERAL BUSINESS

GB 1 Pedestrian Crossings

Anthony Mulholland advised that clients have reported many pedestrian crossings do not have adequate lighting and that the crossing cannot be seen from the road. Some pedestrian crossings are also too close to the edge of the road without adequate sight distance between motorists and pedestrian crossing users.

Hans Meijer requested that specific locations where there is insufficient lighting be sent to him so that they can be assessed. Locations where the pedestrian crossings are located too close to an intersection would need to be referred to Council’s Engineering Services Manager for assessment. It was advised that if they are located within private property Council is not responsible.

It was suggested that Councillor Hitchen take these matters to the Traffic Committee.

GB 2 Items for Waste Collection

Allan Windley enquired how long items for collection by Council should remain on the side of the road. He advised of waste items placed out for Council pick-up which have remained for a week or more. The waste items were piled up from the fence to the road and he had to climb over them with his dog.

Councillor Hitchen undertook to speak to the relevant Council officer about this matter. She also requested that if this happens again to call Council with the address and someone will come out.

GB 3 Loose Pavers, St Marys

Carole Grayson advised of uneven road and loose pavers on the south side of St Marys Station where the bus drop off is located.

Hans Meijer advised that Council officers would look at this, and if it is the responsibility of Sydney Trains or Transport for NSW they would be advised.

GB 4 Fishing Platform

David Currie asked if the new fishing platform to be constructed on the Emu Plains side of the Nepean River would be accessible.

Craig Squires advised he would check and consult with the Council officer looking after the development application.

GB 5 Nepean Square Accessible Parking

Craig Squires referred to the email sent out regarding Nepean Square parking. It was advised that security guards monitor the accessible parking at Nepean Square as do the Council rangers. Craig Squires advised he had checked these parking spots in the last week and all vehicles had the relevant stickers but Council officers will continue to monitor the area.

GB 6 International Day for People with Disability – Club Weld CDs

Joe Ibbitson referred to the previous Access Committee meeting when the International Day for People with Disability held on 5 December 2016 was discussed. Joe Ibbitson advised that he had the Club Weld CDs to hand out to Committee members and asked people to collect one before leaving the meeting.

GB 7 Change Rooms, High Street Penrith

Councillor Hitchen advised that the adult change room near Triangle Park will open on Monday 13 February 2017.

GB 8 Portable Adult Change Rooms

Anthony Mulholland informed the meeting about portable adult toilets with adult changing facilities which can be moved to venues for events.

Claire Galvin advised that the Changing Places toilets which include portable adult changing facilities are used by Maroondah City Council in Victoria.

GB 9 Soccer Fields, South Penrith – Accessible Parking

Councillor Hitchen advised that two accessible car spaces are available at the end of the South Penrith soccer fields behind Southlands.

There being no further business the Chairperson declared the meeting closed the time being 6.10pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 February, 2017 be adopted.

Ordinary Meeting 27 February 2017

Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville Applicant: Foothills Vineyard Church; Owner: Isaiah's Vision Ltd

Compiled by: Clare Aslanis, Senior Environmental Planner

Authorised by: Peter Wood, Development Services Manager

Requested By: Councillor Marcus Cornish

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
Service Activity	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, which proposes the erection of a place of worship at 17 – 27 Factory Road, Regentville. The overall planned development will be staged with this application being for 'Stage 1' works only.

The subject development site is zoned RU4 Primary Production Small Lots under the provisions of Penrith Local Environmental Plan 2010. The proposed development is defined as a ‘Place of Public Worship’ which is permissible within the zone with development consent.

The proposed development was notified to nearby and adjoining residents. Council notified 28 residences in the area and the exhibition period was between 7 October and 21 October 2016. Council has received no submissions in response.

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

Background

A development application for a Place of Public Worship and Boundary Adjustment was refused by Council under DA04/2610, being assessed under Penrith Local Environmental Plan No. 201 - Rural Lands. That proposal involved construction of an auditorium with capacity for 400 people (362.72m²) with three (3) offices, 4 meeting/function rooms and 42 car parking spaces. The basis for refusal was related to the proposed development being a ‘Traffic Sensitive Land Use’ which at the time was prohibited. In addition, the proposed subdivision did not meet minimum lot size requirements and it was not considered to be in the public interest. The proposed development subject to this application is substantially reduced in size and is now assessed against the current instrument being Penrith Local Environment Plan 2010. The subject application does not include any subdivision and the proposal is a permissible land use with Council’s consent.

Pre-lodgement meetings relating to the construction of a place of public worship on the subject site have been conducted in January 2010, September 2012 and September 2015.

Site and Surrounds

The subject development site has an area of 8,592m² and is located on the northern side of Factory Road in Regentville. The site addresses Factory Road and immediately adjoins the M4 Motorway.

The site is regular in shape with the northern (rear) boundary of the site being 116.795 metres and the southern (front) boundary 116 metres. The site is currently vacant and does not contain any significant vegetation. A ridge traverses the site from the middle of the southern boundary to the north-east of the site and falls from RL 29.8m at Factory Road to RL 28.33m at the north western corner of the site.

Development in the wider vicinity of the site to the south of Factory Road is residential and rural residential comprising a mixture of single and two storey detached dwellings in an R2 Low Density Residential zone and RU4 Primary Production Small Lots zone. To the west of the site is rural-residential. To the north is the M4 Motorway and to the east are two (2) large scale child care centres.

The Proposed Development

The development application proposes the construction of a hall to be used as a place of public worship including:

· a meeting area with capacity for up to 100 parishioners

· an office for use 9am-5pm weekdays

· toilet facilities

· kitchen facilities

· Construction of a 72m² shed for storage of a BBQ, trailer, ride-on lawn mower, and general equipment related to the worship services.

· Outdoor areas will include:

· children's play equipment

· BBQ area

· community garden

· basketball court

· Associated landscaping

· Worship services are scheduled for Sundays between 9:30am-11:30am and 5:30pm-7:30pm with use of music with PA systems during these services

· Church lunch gatherings once per month after the morning service, between noon-2pm

· Construction of car parking with 23 car parking spaces

· Occasional wedding and funeral ceremonies

Planning Assessment

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

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

State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55)

An assessment has been undertaken of the application against relevant criteria within State Environmental Planning Policy No. 55—Remediation of Land and the application is satisfactory subject to recommended conditions of consent.

The application was accompanied by a report, 'Geoenvironmental Scoped Phase 2 Contaminated Land Assessment for a Proposed Development at 17-27 Factory Road, Regentville, Penrith City Council Local Government Area' prepared by Anderson Environmental Pty Ltd dated November 2015 (Ref. Job No. 2154). This document details a satisfactory contamination assessment of a number of stockpiles located on the property. It notes that a previous assessment was undertaken on the property, however some of these stockpiles were not assessed at that time. To address this, samples were taken and analysed for a range of contaminants. It was found that the samples complied with the established site assessment criteria. During the site inspection carried out by the consultant it was confirmed that some of the smaller stockpiles did not contain materials of concern, and they were not assessed further. The report concluded that a "further assessment of land contamination at the subject site is not deemed necessary at this time".

Council's Environmental Management Team reviewed the documentation, including a "Preliminary Environmental Site Investigation for Lot 142, Factory Road, Regentville" prepared by Morse McVey & Associates Pty Ltd dated 12 September 2005, which was submitted with DA04/2610 for the property. Though not submitted with this application, the document was considered. This report was approved as a part of the assessment of the site, and it was concluded that the site was suitable for the proposed use, with the exception of the stockpiled material.

Given that the more recent assessment has addressed the stockpiled materials on the property, it is considered that the site is suitable for the proposed use, and that this material can be reused ensuring compliance with the key considerations in SEPP 55.

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

An assessment has been undertaken of the application against relevant criteria within Sydney Regional Environmental Plan No. 20—Hawkesbury-Nepean River (No. 2—1997) and the application is satisfactory subject to recommended conditions of consent.

The proposed development incorporates a drainage design that includes measures to improve the quality of stormwater leaving the site by the inclusion of the following:

i. Two 20m² raingardens to treat stormwater runoff before it leaves the site;

ii. Swale drains to divert stormwater flows to the raingardens; and

iii. A 2000 litre rainwater tank is proposed that will be used for non-potable water supply.

Appropriate conditions will ensure that erosion and sediment controls are implemented throughout construction. It is noted that the proposal satisfies the criteria of Council's Water Sensitive Urban Design (WSUD) policy which seeks to achieve appropriate water quality for stormwater discharge.

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
Clause 2.3 Zone objectives	Complies – See further discussion below
Clause 2.3 Permissibility	Complies - See further discussion below
Clause 5.9 Preservation of trees or vegetation	Complies - See further discussion below
Clause 7.4 Sustainable development	Complies
Clause 7.5 Protection of scenic character and landscape values	Complies – See further discussion below
Clause 7.6 Salinity	Complies
Clause 7.7 Servicing	Complies

Clause 2.3 Permissibility and Zone Objectives

The site is zoned RU4 Primary Production Small Lots and Places of Public worship are permissible with Council's consent within the RU4 zone.

A place of public worship is defined as:

"a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training."

The proposed dominant use of the site is for religious worship and involves religious education and social gatherings. Weddings and funerals are considered social gatherings and are typical activities to places of public worship.

The Department of Planning and Environment Planning Circular PS13 - 0001 states that:

"An ancillary use is a use that is subordinate or subservient to the dominant purpose. The concept is important when a development involves multiple components on the same land.

To put it simply:

o if a component serves the dominant purpose, it is ancillary to that dominant purpose;

o if a component serves its own purpose, it is not a component of the dominant purpose but an independent use on the same land. It is a dominant use in its own right. In such circumstances, the development could be described as a mixed use development."

Given the nature of places of public worship often comprising of a number of different elements that would not operate independently from the dominant church use, they are assessed as ancillary components.

The ancillary components include:

· Conferences - These will be infrequent and are only forecast to occur once or twice per year.

· Youth Centre - Holiday programs and children's play equipment are proposed as part of this application. The group activities will occur on Fridays between 6pm-8pm and are typical of church activities.

· Café - This component will be operational only during church services and meeting times to provide refreshments on a complimentary basis to attendees and is not open to the public.

The proposed place of public worship is compatible with adjacent land uses and potential disturbance to the natural environment is considered to be minimal. The application is consistent with the following objectives of the R2 and RU4 zones:

Zone RU4 Primary Production Small Lots

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.

· To preserve and improve natural resources through appropriate land management practices.

· To maintain the rural landscape character of the land

Zone R2 Low Density Residential

· 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.

Clause 5.9 Preservation of trees or vegetation

The subject site is generally clear of vegetation with some existing vegetation to the northern and western boundaries to be retained.

Several scattered smaller trees are shown to be removed for future stages, however no trees are proposed to be removed for this development application. Any future stages pursued by way of a separate application will be required to consider tree removal.

Clause 7.5 Protection of scenic character and landscape values

The site is within the area nominated on the Scenic and Landscape Values map accompanying the LEP. The application is accompanied by a Visual Impact Assessment, which indicates that the proposed development is appropriate for the setting and will not undermine the key objectives of this clause, as it does not;

i. introduce any visual intrusion from major roads or public places;

ii. be inconsistent with similar buildings located directly next to the site.

It is also noted that the built form has the appearance of a dwelling with a pitched roof and skillion verandas, similar to dwellings within the immediate vicinity and as such is not out of character with the surrounding built form in the area.

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	Complies
Part C1 - Site planning and design principles	Complies – See further discussion below
Part C2 - Vegetation management	Complies – See further discussion below
Part C3 - Water management	Complies – See further discussion below
Part C4 - Land management	Complies – See further discussion below
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	Complies – See further discussion below
Part C11 - Subdivision	Not applicable
Part C12 - Noise and vibration	Complies – See further discussion below
Part C13 - Infrastructure and services	Complies
Part D5 - Other Land Uses	Complies – See further discussion below

C1 - Site Planning & Design Principles

The siting of the building and its associated uses have had regard to the site’s characteristics in respect to adjoining properties. There are generous setbacks to property boundaries and the scale of the building is understated and consistent with other development on adjoining sites.

A Visual Impact Assessment has been undertaken due to the site being located within a nominated scenic and landscape corridor. The proposed development is not likely to have any significant negative impact on this corridor as outlined earlier within this report.

The built form is appropriate in scale given the surrounding residential development and is considered to meet the DCP provisions concerning site suitability and design

C2 - Vegetation Management

Existing trees will be retained as indicated on the Landscape Plan No. 1475 (Issue A) dated 7 September 2016, prepared by Greenland Design. The retention of existing trees together with those proposed will provide a suitable balance between the natural and built environments.

C3 - Water Management

The proposed development proposes floor levels that are consistent with the Flood Planning Level of 29.6m AHD ensures compliance with Council’s requirements.

A 2,000 litre rainwater tank is also proposed and will be used to supply non potable water to the site　

C4 - Land Management

The proposed earthworks are minor in nature and unlikely to have any significant adverse impacts.

C10 - Transport, Access and Parking

A place of public worship requires a minimum of 1 space per 4 seats or 1 space per 6m² of gross floor area, whichever is the greater. The main meeting room has an area of 140m² with a capacity of 100 persons. This equates to 23 and 25 car spaces respectively. The proposed car park provides 23 spaces and is not compliant with the DCP requirements. A condition of consent will require a minimum of 25 car parking spaces to ensure compliance. There is sufficient space to provide these additional spaces and as such a condition of consent is suitable in this instance.

C12 - Noise & Vibration

An acoustic report was submitted with the development application to address noise impacts associated with the development. The 'Proposed Place of Public Worship: 17-27 Factory Road, Regentville - Development Application Acoustic Assessment' prepared by Wilkinson Murray dated September 2016 (Ref. 03138-DA) was generally considered satisfactory, in that the modelling methodology that is applied was appropriate for the nature of the proposed development.

Version B of the abovementioned report addresses noise sources of the proposed activities such as the basketball court, children's play areas, and outdoor weddings. Council’s Environmental Management Officer has reviewed the application and concluded that whilst the criteria may be achieved at the nearest residential premises, the adjacent child care centre may experience some noise impact, however it is compliant with the maximum exceedance as required by the EPA. Recommended conditions of consent require that a Noise Management Plan be prepared so that these areas can be addressed in greater detail if required given that the noise impact is minor.

D5 - Other Land Uses

D.5.6 Places of Public Worship

1. Location and Design
a) The site is located on Factory Road, Regentville and the road is capable of accommodating the likely traffic generation.
b) A visual impact assessment was submitted with the development application and has adequately addressed visual impact from the M4 Motorway.
c) The building is designed to complement the existing development within the locality. The church hall has the appearance of a single dwelling with large landscaped setbacks.
d) The site is large enough to accommodate car parking, buildings, children's play areas and retains a generous portion of landscaped area
e) Adequate buffer distances are achieved

2. Servicing
a) The site is capable of connecting to all services. Conditions of consent will require that this is demonstrated prior to the development of the site

3. Transport, Access and Parking
a) A bus stop is located on the south-western boundary of the site, being services by Bus Route 795 that provides a service between Penrith Railway Station and Warragamba where connecting buses are available.
b) A traffic impact assessment was submitted and reviewed with the development application. Council's Traffic Engineer has recommended a number of conditions to address minor issues such as car park aisle lengths. The proposal is satisfactory in terms of traffic generation and road capacity.
c) Car parking is addressed above.

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

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

(i) Context and Setting

The proposal is consistent with the bulk, scale, colour and design of other development in the locality.

The development will have only minor impact on the amenity of the area and the streetscape. The development is compatible with the surrounding and adjacent land uses.

(ii) Access and Transport

The development will have no or minimal impact on the local road system.

The proposed access arrangements and car parking on site will be adequate for the development. The proposed 7.0m wide driveway serving the development is suitably located and has adequate sight distance east and west along Factory Road.

The potential peak hour traffic generation for the proposal, with a congregation of 100 people is estimated at 56 peak hour trips (which, due to the nature of the proposed use, will occur only once a week). It is anticipated that the additional traffic generated by this development can be accommodated within the surrounding road network.

(iii) Heritage

The property is not subject to any Heritage Order or identified as a heritage item under a planning instrument.

(iv) Soil

Recommended conditions of consent will ensure that the proposed development will have minimal impact on soil erosion and sedimentation.

(v) Natural and Technological Hazards

The proposed development is expected to have a negligible impact on flood levels and flow velocities and so will have little impact on adjacent properties. Compliance with the recommendations of the report 'Flood Risk Assessment, prepared by Strategic Environmental and Engineering Consulting' will enable the development to be in compliance with Council’s Development Control Plan, specifically Section 3.5 ’Flood Planning’ and also in accordance with the NSW Government’s ’Floodplain Development Manual, 2005.

(vi) Site Design

The proposed development is sensitive to environmental conditions and site attributes.

The proposed development safeguards the health and safety of the occupants.

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

The site is suitable for the following reasons:

· The immediate location is conducive to residentially compatible land uses such as child care centre and places of public worship

· The use is compatible with surrounding/adjoining land uses

· The grade of the site is suitable for the design proposed

· Contamination reports have demonstrated that the site is suitable for the proposed purpose

· The site has the capacity to implement acoustic treatments

· The site is large enough to cater for the car parking required

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	Supported - Subject to recommended Conditions
Development Engineer	Supported - Subject to recommended Conditions
Environment – Environmental Management	Supported - Subject to recommended Conditions
Environment – Public Health	Supported - Subject to recommended Conditions
Traffic Engineer	Supported - Subject to recommended Conditions
Social Planning	Supported - Subject to recommended Conditions

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

The development will provide a community service along with a place for group worship. The proposal is generally compliant with the relevant controls as discussed throughout this report and is unlikely to cause any significant issues of public interest. No submissions were received during exhibition.

Conclusion

In assessing this application against the relevant environmental planning policies, being the Penrith Local Environmental Plan 2010, Sydney Regional Environmental Plan No. 20 and State Environmental planning Policy No. 55 - Remediation of Land, the proposal satisfies the aims, objectives and provisions of these policies.

The proposed design is site responsive, complies with key development standards and is in the public interest.

The site is suitable for the proposed development, the proposal is in the public interest and there is unlikely to be negative impacts arising from the proposed development.

Therefore, the application is worthy of support, subject to recommended conditions.

RECOMMENDATION

That:

1. The information contained in the report on Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville be received.

2. Development Application DA16/1007 Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville be approved subject to the following conditions of consent:

2.1 Standard Conditions

A001 General

A012 Food Act

A019 Occupation Certificate

A021 Business Registration

A029 Hours of Operation and Delivery Times

A046 Obtain Construction Certificate before commencement of works

B004 Dust

B005 Mud/Soil

D001 Implement approved sediment& erosion control measures

D002 Spray grass

D005 No filling without prior approval (may need to add D006)

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

D013 Approved noise level 1

D026 Liquid wastes

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

E01A BCA compliance for Class 2-9

F001 General Fitout

F030 Hot water service

F035 Ceilings

F036 Service pipes

F039 Fly screens

F048 Food prep benches

F050 Light bulbs & tubes

F051 Shelving

F055 Lockers

H001 Stamped plans and erection of site notice

H041 Hours of work (other devt)

K101 Works at no cost to Council

K201 Infrastructure Bond

K202 S138 Roads Act – Works and Structures - Minor Works in the public road driveways road openings

K203 S138 Roads Act – Works and structures - Roadworks requiring approval of civil drawings. Civil Construction in the road reserve

K210 Stormwater Management

K213 Flooding - Flood Report Recommendations

K214 Flooding – Floor levels

K216 Flooding – Garage Levels

K219 Flooding - Flood Proofing

K222 Access, Car Parking and Manoeuvring – General

K224 Construction Traffic Management Plan

K225 Performance Bond

K302 Traffic Control Plan

K401 Flooding – Surveyor Verification of floor levels

K403 Major Filling/ Earthworks

K405 Turf to Verge

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

K504 Stormwater Compliance

K505 Restriction as to User and Positive Covenant

K515 Maintenance Bond

K516 Subdivision Compliance documentation

K601 Stormwater Management system operation and maintenance

L001 General

L002 Landscape construction

L006 Aust Standard

L008 Tree Preservation Order

L012 Existing landscaping (for existing development)

P001 Costs

P002 Fees associated with Council land (Applies to all works & add K019) Certification

Q01F Notice of Commencement & Appointment of PCA2 (use for Fast Light only)

Q05F Occupation Certificate for Class

Special Conditions

2.2 Prior to the issue of a construction Certificate, further plans are to be submitted to Council for approval which show the layout and details of all fixtures and fittings in the kitchen.

A detailed plan showing the details below must be submitted:

· Details of the finish of the walls and ceiling (note acoustic panels not permitted in food preparation areas);

· Details and location of coving to all floor wall joins;

· Details and location of shelving to the storeroom and storage area;

· Construction material of shelving indicating lowest shelf at least 150mm above ground level;

· Reference to the construction of the premises being in accordance with the Australian New Zealand Food Standards Code, Food Safety Standard 3.2.3 “Food Premises and Equipment” and the AS 4674 – 2004 “Design, Construction and Fit Out of Food Premises”;

· Location of separate wash hand basin (taps must be hands free operated and indicated as such on the plan);

· Location of separate sink (minimum single bowl sink);

· Location of any floor wastes;

· Details and location of all equipment in the kitchen including, but not limited to ovens, fridges, freezers, dishwasher etc.

· Details of any hot/cold food storage;

· Detailed plans of the cool room construction indicating the position of motors and compressors;

· Information on how windows/doors will be vermin proofed e.g. Flyscreens, Insect devices, Air Curtain etc.

· Any fluorescent light fittings being fitted with a smooth faced diffuser and identified on the plan;

· Location and information of mechanical ventilation for proposed dishwashing machine in accordance with Section 2.2.5 of AS 4674 – 2004 “Design, Construction and Fit Out of Food Premises”; and

· Location of trade-waste/garbage & recycling bins.

2.3 A Food Safety Supervisor, with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority, must be appointed for any food business related activities on the site.

2.4 A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of an Occupation Certificate. A copy of Council's approval of the NMP is to be provided to the Private Certifying Authority where Council is not the certifying authority.

· The NMP shall be prepared by suitably qualified persons, and may need to be amended to include any comments provided by Council. The NMP is to:

o address all noise related aspects of the development's operation, including:

· Incorporating the operational aspects outlined in the 'Proposed Place of Public Worship: 17-27 Factory Road, Regentville - Development Application Acoustic Assessment' prepared by Wilkinson Murray dated October 2016 (Ref. 03138-DA Version B), such as operational hours for different activities, and the use of amplified music.

· How the outdoor areas (including play areas, basketball court and outdoor functions) will be managed to ensure that neighbouring properties are not impacted by noise.

· Address the relevant conditions of this consent; and

· Recommend any systems/controls to be implemented to minimise the potential for any adverse noise impact(s); and

· Incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

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

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

2.7 All vehicles are to enter and exit in a forward direction.

2.8 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure the sealed car parking area has been extended by a minimum distance of 6m towards the northern boundary to permit the circulation of traffic within the car park.

2.9 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that all areas required for vehicular access, car parking and manoeuvring are concreted or sealed with a bituminous pavement. Full details, including pavement design, are to be submitted with the Construction Certificate.

2.10 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that any filling required for the Stage 1 building pad is limited to within 1m of the building footprint. Fill pads are to be battered back to existing ground levels at a batter slope of 1 in 6 (vertical to horizontal). Full details shall be provided with the Construction Certificate.

ATTACHMENTS/APPENDICES

1. ⇩	Locality Map	1 Page	Attachments Included
2. ⇩	Architectural Plans	5 Pages	Attachments Included
3. ⇩	Site Plan	1 Page	Attachments Included

Ordinary Meeting 27 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	Appendix
2. ⇩	Perspective	1 Page	Appendix
3. ⇩	Site Plan	1 Page	Appendix
4. ⇩	Locality Map	1 Page	Appendix

Ordinary Meeting 27 February 2017

Legal Status of Development Application No. DA16/0255 (SWPP 2016SYW061) for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Development containing 55 Apartments & Basement Car Parking at Lots A & B DP 381801, (Nos 42-44) Lethbridge Street, Penrith Applicant: Mackenzie Architects; Owner: Patricia Leitch

Compiled by: 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	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

On 16 March 2016, Development Application No. DA16/0255 was lodged with Council for the construction of a residential flat development containing 70 apartments and basement car parking at 42‑44 Lethbridge Street, Penrith. As the capital investment value of the proposed development exceeds $20 million ($20.29 million), the Sydney West Planning Panel (SWPP) is the consent authority for the proposed development.

On 12 April 2016, a letter was sent to the applicant advising of a number of urban design and technical issues with the proposal and requesting that the development application be withdrawn. On 4 May 2016, the applicant filed a Class 1 appeal in the Land and Environment Court against a “deemed” refusal of the application. Although the SWPP is the consent authority for the purposes of determining the development application, once an appeal is instigated Council becomes the respondent in the court proceedings and as such Council is empowered to reach a resolution of the matter with the applicant in the court process.

Based on the court’s usual practice the matter proceeded to a Section 34 conciliation conference. Council’s appointed town planning and urban design experts have been engaged in this conciliation process. As part of the process, the plans for the proposal have been significantly modified to respond to the contentions raised by the appointed experts in relation to urban design outcomes as well as a number of technical issues. The revised proposal now consists of a residential flat development containing 55 apartments. The revised development proposal was recently placed on public exhibition and no submissions were received in response.

While the SWPP is the consent authority and has been briefed on the proposal, the SWPP has elected not to be part of the court proceedings. The court is able to grant consent to the proposal through a resumption of the Section 34 conciliation process subject to Council’s agreement (the Section 34 conciliation process was terminated by the Commissioner on 18 November 2016). The matter is next before the Court for a hearing of the appeal on 28 March 2017. It is recommended that Council resolve to resume the Section 34 conciliation process and enter into a Section 34 agreement with the applicant before this date to enable the court to grant consent to the revised development proposal and negate the need for a costly court hearing.

Site and Surrounds

The subject site is legally described as Lots A & B DP 363630 and is known as 42‑44 Lethbridge Street, Penrith. The site is located on the southern side of Lethbridge Street with a dual (rear) frontage to Hope Street. A locality map is provided as Attachment No. 1.

The site is a rectangular land parcel with frontages of 30.48m to Lethbridge Street and Hope Street and has a land area of 2,635sq.m. There is a cross-fall from the north to the south of the site of approximately 5m. The property at 42 Lethbridge Street contains a single residential dwelling and one outbuilding. The property at 44 Lethbridge Street contains a single residential dwelling, two outbuildings and an in-ground swimming pool.

The site’s western boundary adjoins an existing residential townhouse development. That development has varying side boundary setbacks of approximately 2m to 3m with courtyards and windows that face the site. The eastern boundary adjoins three sites, two of which contain a single storey dwelling and associated outbuildings. The southern‑most site is currently vacant.

Immediately opposite the site on the northern side of Lethbridge Street is Penrith Selective High School. Along the southern side of Hope Street, development comprises a series of townhouses and villas owned and managed by the NSW Land and Housing Corporation. The northern portion of the Hope Street road carriageway is only partially constructed.

The south-east corner of the site is affected by local overland flow flooding.

Background

On 16 March 2016, Development Application No. DA16/0255 was lodged with Council for the construction of a residential flat development containing 70 apartments and basement car parking at 42‑44 Lethbridge Street, Penrith. The proposal was advertised in the local newspaper and notified to adjoining and nearby property owners and residents. The public exhibition period was from 29 March to 12 April 2016 and no submissions were received in response.

On 12 April 2016, a letter was sent to the applicant advising of the following urban design and technical issues in relation to the proposal:

· Excessive overall building length.

· Excessive bulk and scale and poor presentation of the development to both street frontages.

· Insufficient building setbacks and separation distances.

· Poor ground level streetscape interface.

· Excessive building height.

· Non-compliances with solar access and cross-ventilation requirements.

· Insufficient information regarding flood related impacts given the overland flow path partially affecting the site.

· Insufficient information regarding stormwater drainage and stormwater quality treatment.

· Insufficient waste storage and collection arrangements.

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

The applicant was requested to withdraw the development application although no response was provided.

On 4 May 2016, the applicant filed a Class 1 appeal in the Land and Environment Court against a “deemed” refusal of the application. As part of the Land and Environment Court proceedings to date, Council’s nominated experts have been engaged in a Section 34 conciliation process with the applicant. As part of this process, additional information and amended plans have been provided which sufficiently address, and/or enable conditions of consent to address, Council’s contentions in relation to the proposal.

It should be noted that due to a direction given by the Chief Judge of the court to all Commissioners, the Section 34 conciliation process was unexpectedly terminated by the Commissioner on 18 November 2016. This was in response to the Chief Judge’s concern that the Section 34 process is being used by applicants to refine development proposals to an acceptable form, particularly when development applications are submitted as an ambit claim and then an appeal is lodged directly after the first day available for a “deemed” refusal. Due to the significant progress made between the parties up to this point, the appeal was listed for a delayed hearing date of 28 March 2017, enabling ample time for the parties to complete the conciliation process on an informal basis prior to the hearing date.

Details of Amended Proposal

The amended plans for the development proposal include the following aspects:

· Construction of two residential flat buildings being six stories in height and containing a total of 55 apartments in two distinct building forms, with one building addressing Lethbridge Street and the other building addressing Hope Street. This is a reduction from 70 apartments as part of the initial design scheme.

· An overall apartment mix as follows:

o 15 x 1 bedroom units; and

o 40 x 2 bedroom units.

· Centralised ground floor communal open space area.

· Vehicle entry to the basement via Lethbridge Street and vehicle egress via Hope Street.

· A total of 71 basement car parking spaces including 8 accessible car spaces and 11 visitor car spaces as well as a service bay, car wash bay and bicycle parking.

· Half-width road construction of the northern portion of Hope Street along the site’s frontage to this road.

· Landscaping and stormwater drainage works.

· Waste and recycling bin collection from Hope Street via an indented waste truck collection bay with a platform lift providing for the transport of bins from the basement to the ground floor storage area.

Copies of the architectural and landscape plans for the revised proposal are provided as Attachment No. 3.

Assessment of Amended Proposal

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

Under the LEP, residential flat buildings in the R4 zone are subject to a minimum lot size requirement of 800sq.m. The site is 2,635sq.m in area and complies with this requirement. The site is subject to a maximum building height requirement under the LEP of 18m. The proposal largely complies with this requirement with the exception of a portion of the upper level roof form and lift overrun, as discussed in the following section of this report.

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65) applies to the proposal. SEPP 65 aims to improve the design quality of apartment development. The SEPP contains nine design quality principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals. The accompanying Apartment Design Guide (ADG) provides additional detail for applying the design quality principles contained in SEPP 65.

The modified proposal satisfies the requirements of SEPP 65 and meets the objectives of the ADG.

The modified proposal has been accompanied by a design verification statement prepared by Dugald Mackenzie (registered architect) verifying that he has directed and designed the proposal and that the design quality principles set out in Part 2 of SEPP 65 have been achieved for the development and that it meets the objectives of Part 3 and Part 4 of the ADG.

An independent architectural and urban design review of the revised proposal has been undertaken by Council’s urban design expert, Ms Gabrielle Morrish. In response to the amended plans, Ms Morrish has advised that the proposal now presents a suitable design response, when having regard to SEPP 65 matters including context and character, scale, amenity and landscaping.

The proposed development is generally in accordance with the relevant City-wide provisions of Penrith Development Control Plan (DCP) 2014. The primary development controls relating to the development of the site are contained within the residential chapter of the DCP. In many instances, however, the development controls contained in SEPP 65 and the ADG take precedence over Council’s residential controls.

The proposal complies with the levels of on-site car parking required under the DCP, as detailed below.

*Parking Type*	*Rate*	*Required*	*Provided*
Residents	1/2 bdm: 1 space 3 bdm: 2 spaces	15 x 1 bdm = 15 40 x 2 bdm = 40 N/A	60
Visitors	1 space per 5 units	55 ÷ 5 = 11	11
*Total*		66	71

Council’s Traffic Engineer is satisfied with the proposed access, parking and traffic related aspects of the modified proposal subject to standard conditions of consent. Council’s Development Engineer is satisfied with the flood related impacts of the proposal and the proposed stormwater drainage aspects of the modified proposal subject to standard conditions of consent. Some minor issues associated with the detailed design of the waste management system for the development have been raised by Council’s Waste Management Officer. Conditions of consent can resolve these issues.

The modified development has therefore been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory.

Assessment of Height Variation Request

As previously discussed, the site is subject to a maximum building height requirement of 18m which the proposal largely satisfies with the exception of a portion of the upper level roof form and lift overrun. This non-compliance is a function of the topography of the site, with the departures to the height standard at the highest points being as follows:

· Lethbridge Street building: 2.1m to upper level roof and 3.3m to lift overrun.

· Hope Street building: 1.2m to upper level roof and 2.1m to lift overrun.

Clause 4.6(2) of Penrith Local Environmental Plan (LEP) 2010 provides that development consent may be granted for development even though the development would contravene a development standard of the LEP. However, Clause 4.6(3) of the LEP states that development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstance of the case, and

(b) there are sufficient environmental planning grounds to justify contravening the development standard.

In response to the non-compliant building height, the applicant has submitted a Clause 4.6 variation request to the building height control, as reproduced (in part) below.

“There are key particular circumstances associated with the site and the building height departure. Those circumstances relate to the topographical fall of the site from Lethbridge Street to Hope Street and the fact that the Lethbridge Street frontage sits lower than the street level.

This fall means that to achieve strict compliance results in the floor levels of the ground floor areas being close to natural ground level which means that a number of the ground floor units could be considered to have a ‘subterranean’ feel – i.e. finished floor levels below natural ground level with required retaining walls and poor outlook and amenity of units.

In order to rectify this the building has been partly raised to elevate the ground floor units which avoids the need for cutting into the site to ground floor units. This results in a subsequent increase to the overall building height and pushes the building marginally beyond the 18m height limit, however the proposal continues to adopt a 6 storey form which is equivalent to the 18m height limit.

The minor technical non-compliance to the building height control does not generate any unreasonable adverse amenity impacts in terms of privacy or sunlight access given the upper levels are recessed from the levels below and the proposal does not compromise the ability for adjoining sites to achieve a comparable re-development and compliance with the ADG requirement of 2 hours of solar access to 70% of dwellings.

Strict compliance is clearly not a preferred outcome on environmental planning grounds and the site’s topography is unique to the sites with a dual frontage to Lethbridge Street and Hope Street and is not replicated in a meaningful way on other similar sites in the locality, hence confirming that there are site specific grounds to warrant departure to the height control…”

A complete copy of the applicant’s Clause 4.6 variation request is provided as Attachment No. 4.

On the basis of the arguments provided in the applicant’s Clause 4.6 variation request, it is accepted that compliance with the building height control is unreasonable and unnecessary in the circumstances of this case. In addition, there are sufficient environmental planning grounds to justify contravening the development standard.

Community Consultation

The revised proposal was notified to adjoining and nearby property owners and residents. Council notified 37 property owners and residents in the surrounding area. The public exhibition period for the amended plans was from 9 December to 23 December 2016. No submissions were received in response.

Conclusion

Although the Sydney West Planning Panel (SWPP) is the consent authority for the purposes of determining the development application, once an appeal is instigated Council becomes the respondent in the court proceedings and is empowered to reach a resolution of the matter with the applicant in the court process. The modified development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory.

The applicant has positively responded to the matters raised by Council’s experts through the Court’s conciliation process to now propose a good design outcome. The site is suitable for the proposed development and the proposal is in the public interest. The Land and Environment Court is able to grant consent to the proposal through the resumption of the Section 34 conciliation process subject to Council’s agreement.

The matter is next before the Court for a hearing of the appeal on 28 March 2017. It is therefore recommended that Council resolve to resume the Section 34 conciliation process and enter into a Section 34 agreement with the applicant before this date to enable the Court to grant consent to the revised development proposal and negate the need for a costly court hearing.

RECOMMENDATION

That:

1. The information contained in the report on Legal Status of Development Application No. DA16/0255 (SWPP 2016SYW061) for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Development containing 55 Apartments & Basement Car Parking at Lots A & B DP 381801, (Nos 42-44) Lethbridge Street, Penrith be received.

2. Council resolve to seek the Land and Environment Court to resume the Section 34 conciliation process and enter into a Section 34 agreement for the approval of Development Application No. DA16/0255 (SWPP 2016SYW061) subject to agreed conditions of consent.

ATTACHMENTS/APPENDICES

1. ⇩	Locality Map	1 Page	Attachments Included
2. ⇩	Original Architectural Plans	4 Pages	Attachments Included
3. ⇩	Revised Architectural & Landscape Plans	6 Pages	Attachments Included
4. ⇩	Clause 4.6 Variation Request	7 Pages	Attachments Included

Ordinary Meeting 27 February 2017

State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek Applicant: The Next Generation NSW Pty Ltd; Owner: ThaQuarry Pty Ltd and ACN114843453 Pty Ltd

Compiled by: Allison Cattell, Senior Environmental Planner

Authorised by: Peter Wood, Development Services Manager

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
Service Activity	Deliver timely assessment of development in accordance with statutory requirements

Executive Summary

The Department of Planning and Environment are assessing an application for State Significant Development in Eastern Creek for a proposed Energy from Waste Facility. Significant issues were raised in submissions during the public exhibition of the initial proposal, and the applicant has reviewed the submissions and responded by amending the proposal and Environmental Impact Statement (EIS). This document is currently on exhibition until 1 March 2017 when submissions are due.

This report is to update Council on the status of the amended proposal following receipt of an independent assessment of the amended EIS and feedback from residents at a community forum which was held in Erskine Park on 16 February 2017. It is recommended that Council endorse a submission to the Department of Planning and Environment outlining that the matters raised in this report be given close consideration in the assessment and determination of the proposal and that the application not be supported unless all identified issues are assessed to be satisfactorily addressed by the proposal or recommended conditions of consent.

Background

In May 2015 the Department of Planning and Environment (DPE) received a Development Application (DA) (SSD 6236) and EIS for a proposed Energy from Waste Facility at Honeycomb Drive, Eastern Creek (Lots 1, 2, 3 and 4 DP 1145808). The site is located in the Blacktown Local Government Area and the application for State Significant Development (SSD) was submitted to the Department of Planning and Environment as the Minister for Planning is the consent authority.

As part of the exhibition process, the application and supporting documentation was originally referred to Penrith City Council for review and comment. A submission to the Department of Planning and Environment (DPE) was made which raised the following issues for further consideration:

· The application has not demonstrated that the proposal will not result in significant visual impacts when viewed from within Erskine Park. In this regard, the visual impact assessment has not considered the impact of the development on views from within the property boundaries of residential development sites. In particular, properties 7 - 10 Hocking Place & 167- 187 Swallow Drive, Erskine Park.

· Should consent be granted, ongoing operational air quality monitoring should be undertaken, representative of potentially impacted residential receivers with Penrith Local Government Area, to ensure compliance with operational air quality and emission criteria.

· Should consent be granted, construction noise monitoring should be undertaken representative of potentially impacted residential receivers located within the Penrith Local Government Area and where noise exceedances are identified, appropriate noise mitigation measures employed.

Blacktown City Council commissioned an independent review of the EIS which identified inadequacies in the EIS and the application, and submitted that this prevented a full and detailed assessment to be undertaken.

Penrith Council made a further submission to the Department requesting that the key environmental concerns raised in the independent assessment be addressed to confirm that no environmental impacts would result from the development. It was also requested that if the impacts could not be suitably addressed that consent not be granted to the application.

At Penrith City Council’s Ordinary Meeting of 22 August 2016, a report on the status of the development application was provided to Council. It was resolved at this meeting that:

· Council write to the Minister requesting that full and detailed consultation be undertaken prior to any decision being made; and

· Council hold a public meeting at Erskine Park Hall when the outstanding information is received and prior to Council’s submission to the Department of Planning.

A letter was sent to the Minister, and a Council briefing by the proponent was provided on 19 October 2016. At this time the applicant had not provided revised information in response to concerns raised in submissions however presented on how the proposal would be amended.

The amended EIS dated 29 November 2016 was exhibited from 9 December 2016, ending 1 March 2017. Due to the extended exhibition period and the Christmas recess, February was the most appropriate time for a public meeting after residents had an opportunity to view the amended application and this occurred on Thursday 16 February 2017.

Current Status

The Department of Planning has placed the revised application on public exhibition until 1 March 2017, and have notified Penrith City Council accordingly with submissions due by that date. The amended EIS describes the project as involving construction and operation of an energy from waste facility for the thermal treatment of up to 1.35 million tonnes of waste per year and includes a boiler house, steam turbines for electricity generation and stacks for air emissions. Proposed amendments do not change the description of the proposed development.

The project is State Significant Development (SSD) as it is an electricity generating work that has a capital investment value of more than $30 million and triggering the threshold in State Environmental Planning Policy (State and Regional Development) 2001.

A summary of the proposed amendments has been provided by the Department of Planning, and include:

· “A revised Project Definition Brief, including a Proof of Performance Framework;

· Phased implementation of the project, with implementation of Phase 2 subject to the applicant satisfying the Environment Protection Agency (EPA) of the availability of eligible waste fuels;

· Thermal treatment of the annual maximum of 552,500 tonnes of residual waste in Phase 1 and 1.105 million tonnes in Phase 2;

· Amended design fuel profile and composition and amended waste volume outputs;

· Increased waste storage capacity;

· Increased vehicular movements;

· Amended land description and revised subdivision plan; and

· Revised technical reports for human health risk, air quality and greenhouse gases, odour, ozone, traffic, waste management, noise and vibration”.

The main amendment to the proposed development is the introduction of staging of the roll out of the proposal. Stage 1 proposes to construct the facility and thermally treat half the amount of waste initially proposed. Stage 2 would involve the remainder of the processing capacity and associated structures, and is dependent on availability of eligible waste. Blacktown City Council have had the amended EIS independently reviewed, and have kindly forwarded the findings of this review to Penrith City Council.

Public Meeting

In accordance with the Council resolution a public meeting regarding the proposal was held at Erskine Park Community Centre on the16 February. Thirty-six members of the public were in attendance along with the Mayor, Councillors Greg Davies, Ben Price and Todd Carney and Council staff. The proponents for the development were also present to give an overview of the proposal and respond to questions from the community.

The main issues raised by the community included:

· Location and in particular the proximity to residential areas and sensitive sites such as schools and sporting fields

· The type of waste entering the facility and the accuracy of the proposed visual screening process to ensure compliance.

· The implications of methane production from placing the waste in landfill versus the amount of carbon dioxide which would be produced from its combustion

· Levels of Dioxin, Nano Particles and particulate matter <2.5µmm which would be resultant in the local area.

· The air quality modelling which was used to inform the experts reports including the calculations of emissions and how they considered existing ambient air quality levels.

· Impacts on water supply/reservoirs.

· Disposal of residual ash and captured toxic particles filtered from the stacks.

· The number and location of truck movements.

· The extent of notification which was undertaken.

· Potential conflict of interest and lack of impartiality of expert’s reports.

· The SSD process resulting in the State Government removing decision making from Council and the community.

· Compliance history of the parent waste management company and previous breaches at other locations.

· Length of process to assess the application and uncertainty regarding the outcome.

· The proposed temperature of the incineration process being lower than in European examples.

· The plant shutting down at 39ºc which is common in Western Sydney and then producing higher emission levels at re-commencement.

· The ability of the EPA to manage this development in the future given its track record with odour management in the area.

The community members identified a desire to have access to the Council submission when it was finalised. It is proposed to raise these concerns on behalf of the community in Council’s final submission.

Independent Review

The Independent review of the revised EIS, undertaken by the Jacobs Group on behalf of Blacktown City Council, found that the amended EIS presents an improved assessment from the original. However, its findings outline a number of significant aspects where further consideration or clarification is required.

The areas identified for further consideration include:

· Appropriateness of the selected air cooled condenser system.

· Potential need for revised Director Generals requirements based on amount of time. elapsed since they were originally issued in December 2013.

· Data concerning waste feedstock and sources.

· Odour and ventilation.

· Stack plume rise and potential impacts on aviation safety.

· The procedures for complying with NSW Environmental Protection Agency (EPA) “Energy from Waste Policy” not sufficiently detailed.

· The air quality assessment requires more detail based on actual fuel and performance of the plant and the consistency of stack emissions with those outlined in the air quality assessment.

· Further assessment of Low Frequency Noise is recommended as modelling shows inadequate compliance with project specific noise levels.

· Further investigation into soil and water management is required.

Many of these issues align with the concerns raised by the community, particularly those in relation to air quality and certainty around the content of the waste feedstock.

Environmental Assessment

Council Officers have reviewed the amended EIS and Jacobs independent Review. The findings of the review of the EIS and independent review can be summarised as follows:

· The issue raised in the Jacobs review regarding the need for further information in regard to odour management at times of plant outage is considered warranted and worthy of further consideration by NSW EPA and DPE prior to determination of the application.

· Provision of real time data on the operation of the plant, if approved, is supported and should be required to be made publicly available.

· As with the original, the amended Human Health Risk Assessment (HHRA) is based upon technical data assumptions and associated stack emission calculations which are in turn dependent upon parameters such as feedstock. The Jacobs review identified that references provided in the report for various fuel types are of a confidential nature and only available to the EPA and DPE. Therefore, a complete, thorough and rigorous assessment with consideration of all available information pertaining to the operation of the facility is required to be undertaken by the EPA. This information should be publicly available for transparency.

· It is considered appropriate that in completing its assessment of the proposal, the EPA consider the issue of Low Frequency Noise, as identified in the Jacobs review.

· The review by Jacobs concludes that the amended EIS also provides inadequate detail with feedstock data poorly defined, along with other inadequacies. These issues are crucial to the overall assessment of the proposal and it is therefore considered appropriate that the EPA and DPE consider the findings of the review in completing their final recommendations and determination.

Based upon the information available to date, it is suggested that Council not support the application unless the issues of concern are resolved to ensure that all applicable regulatory requirements, criteria and standards can be complied with and ongoing compliance can be demonstrated. The recommendations made in the Jacobs review should be fully considered by NSW EPA and DPE in finalising their assessment of the application.

Next steps

A final submission on the proposal will be prepared based on Council’s assessment of the application as well as the matters raised by the community and the findings of the independent review commissioned by Blacktown Council. Councillors will be kept informed of any significant developments regarding the application, the contents of the final submission, and any determination made by the Minister.

RECOMMENDATION

That:

1. The information contained in the report on State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek be received.

2. Council endorse a submission to the Department of Planning and Environment outlining that the matters raised in this report be closely considered in the assessment and determination of the proposal and that the application not be supported unless all identified issues are assessed to be satisfactorily addressed by the proposal or recommended conditions of consent.

ATTACHMENTS/APPENDICES

1. ⇩	Locality Map	1 Page	Attachments Included
2. ⇩	Elevation and Site Plans	6 Pages	Attachments Included
3. ⇩	Proposed Process Flow Chart	1 Page	Attachments Included
4. ⇩	Site Plan	1 Page	Attachments Included

Ordinary Meeting 27 February 2017

Development Application DA16/1375 Music Concert to be held on One (1) Day in May 2017 with a Maximum of 5,000 Attendees Lot 10 DP 615085, Lot 11 DP 615085, Lot 2 DP 541825 and Lot 10 DP 615085 at Fernhill Estate (No. 1041-1187) Mulgoa Road, Mulgoa Applicant: Biofin Pty Ltd; Owner: Angus Securities (mortagee in possession)

Compiled by: Wendy Connell, Senior Environmental Planner

Authorised by: Peter Wood, Development Services Manager

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
Service Activity	Facilitate quality development that contributes to a growing regional City

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

Executive Summary

Council is in receipt of a Development Application from Biofin Pty Ltd seeking approval for a one-day Music Concert, with a maximum of 5,000 ticketed spectators, to be held on 7 May 2017 at “Fernhill Estate” 1041-1187 Mulgoa Road, Mulgoa.

The Development Application (DA) was submitted as an integrated application, as approval from the New South Wales Environmental and Heritage Office is required.

The subject site is partly zoned E2 Environmental Conservation (Western Precinct), E3 Environmental Management (Central and Southern Precincts) and SP2 Infrastructure (land along Mulgoa Road) under Penrith Local Environmental Plan (LEP) 2010. The proposed concert is permissible on the site as a temporary use in accordance with Clause 2.8 of Penrith LEP 2010.

In response to the proposed development being advertised in the local newspaper, a widespread notification to over 400 residents within a 2km radius of the development site and public exhibition of the DA, a total of 8 submissions were received, 7 raising concerns with the development proposal and 1 in support. The submissions raised issues of noise and traffic impacts, site suitability, heritage, social and economic benefits, event management and the notification process.

A number of the issues raised in submissions are very relevant, particularly noise impacts.

The event is a one-day temporary use of the site and would be subject to strict environmental management requirements. Whilst there will be some short term impacts, these are not unreasonable nor considered to be adverse. On balance the proposal is considered to have merit and is recommended for conditional approval.

Site and Surrounds

The subject site is situated on the western side of Mulgoa Road, between Mayfair Road to the north and Fairlight Road to the south. It is approximately 700 hectares in area and is characterised predominantly as having a rural landscape with creek flats, gentle sloping agricultural land, wooded hills and escarpment areas. The Blue Mountains National Park and Nepean River are located to the rear of the site.

The site has been identified as a State Significant Heritage Item, with the main residence (single storey ashlar sandstone house) being completed in 1845. Various structures are located on the site in addition to the main residence including the stables and coach house, swimming pool, winery ruin, stone bridges, sheds, dams and rural fencing. The is also a horse track and other equestrian facilities on the site.

The surrounding area is characterised by modest size dwellings on large rural allotments, with smaller residential lots and associated dwellings located within the adjoining Mulgoa Village area. The Blue Mountains National Park provides a backdrop for the locality.

The major roads in close proximity to the site include Mulgoa Road and The Northern Road. Mulgoa Road is aligned in a north-south direction and runs adjacent to the eastern boundary of the site, with The Northern Road located further east. Both roads provide major north-south links between Penrith and other Western Sydney suburbs, and the M4 Motorway to the north.

Mulgoa Road has a posted speed limit of 80km/h in the vicinity of the site reducing to 60km/h south of the site on approach to the township of Mulgoa. Mulgoa Road carries approximately 7,100 vehicles per day.

The Proposed Development

The proposed development as shown in the plan of the site (Attachment 1) comprises of the following:

a) Use of the land for the purpose of holding a music concert on 7 May 2017.

b) A total of 5,000 tickets to be made available for the event. Various tickets are available to the public, including general admission and VIP ticketing.

c) Gates to the venue to open at 3pm (advertised for 4pm). The concert to commence at 5pm and conclude at 10pm. Gates be closed at 11:30pm.

d) On-site parking to be provided, with 1800 spaces available for spectators and staff.

e) Temporary structures required as part of the event include staging, seating, bathroom facilities, food and drink stands, crowd barriers, generators and water services.

f) Directional, safety and way finding signage will be provided.

Construction works for the temporary structures is proposed to commence on 3 May 2017, with the site to be returned to its original state by 10 May 2017.

Planning Assessment

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, with due regard to relevant legislation and planning instruments: -

· Heritage Act 1977

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

· Penrith Local Environmental Plan 2010

· Penrith Development Control Plan 2014

Having regard to the above legislation, planning instruments and policies, the following key issues have been identified for discussion.

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

State Environmental Planning Policy (Infrastructure) 2007

The DA was referred to the Roads and Maritime Services (RMS) in accordance with Clause 104 Traffic-generating Development of the State Environmental Planning Policy (Infrastructure) 2007.

RMS has no objection to the proposed development and will provide further comments regarding traffic management for the event through the Local Traffic Committee.

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

Sydney Regional Environmental Plan No. 20 (SREP 20) integrates environmental planning with catchment management to protect the Hawkesbury-Nepean River system. This requires the impact of future land use to be considered in a regional context. SREP 20 covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture, urban and rural-residential development. SREP 20 applies to all parts of the catchment in the Sydney region (15 local government areas), except for land covered by State Environmental Planning Policy (Penrith Lakes Scheme) 1989. SREP 20 is supported by an Action Plan, which includes actions necessary to improve existing conditions.

The proposed development is in accordance with the general considerations set out in Clause 5 of SREP 20 and the relevant specific planning policies and related recommended strategies set out in Clause 6.

Water NSW was consulted on the DA and considered the risk to water quality, land and assets as low, and therefore had no specific comments or requirement for the application.

Erosion and sediment control measures are to be installed within the car parking area to protect the existing waterways within the site (refer to conditions 2.85 - 2.86).

Penrith Local Environmental Plan 2010

The subject site is partly zoned E2 Environmental Conservation (Western Precinct), E3 Environmental Management (Central and Southern Precincts) and SP2 Infrastructure (land along Mulgoa Road) under Penrith Local Environmental Plan (LEP) 2010. The proposed development is permissible under the temporary land use provisions of LEP 2010.

Clause 2.8 of LEP 2010 permits the temporary use of land, and states:

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

In the event that the owner/applicant wishes to hold the event at the site in the future, a separate DA would need to be submitted.

A rehabilitation plan is recommended to be required and enacted at the completion of the event to return the site to its pre-development state (referred to recommended condition 2.94)

Clause 5.10 – Heritage conservation

The house, outbuildings and landscape are heritage listed in Schedule 5 of Penrith LEP 2010, as an item of State significance.

A Heritage Impact Statement has been submitted with the Development Application detailing

the fabric of the heritage listed building. Important landscaping will not be impacted by the proposed development through the use of areas within the site that are not considered to be significant in terms of heritage value.

The DA was referred to the NSW Environment and Heritage Office for consideration however, at the time of this report being finalised the General Terms of Approval had not been issued.

Clause 6.5 – Protection of the scenic character and landscape values

The subject site is located within an area identified as being ‘Land with scenic and landscape values’, as the site is located on a major road, being Mulgoa Road.

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon completion of the event. A rehabilitation plan will be submitted to Council detailing the rectification works to be completed to restore the site back to its original state. It is not envisaged that the development will alter the character of Mulgoa Road.

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

There are no draft planning instruments for consideration.

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

Penrith Development Control Plan (DCP) 2014

Penrith DCP 2014 applies to the land. The proposal has been assessed, having regard to the provisions of Part C – City-wide Controls and Part E, Section E9 – Mulgoa Valley.

· C2 Vegetation Management

The development site has been identified as containing Cumberland Plain Woodland. An inspection of the site and documentation provided has revealed that the location of the proposed activities is outside the vegetated areas and as such will have no detrimental impact on native vegetation communities.

Council’s Environment Team Leader has considered the proposal and raised no objection as long as the activities remain within the area described in the Statement of Environmental Effects and site plans prepared by AE design partnership dated December 2016.

Recommended conditions relating to tree removal, implementation of erosion controls and protection of existing vegetation on the site have been included within the recommendations of this report (refer to recommended conditions 2.85 – 2.89).

· C3 Water Management

The development site contains a number of water bodies, including creeks of varying sizes and a number of dams. The proposed development does not include any work within or near the dams or water bodies.

The implementation of appropriate erosion and sediment control measures in association with the car parking area will protect the water quality of the existing watercourses located on the site.

Potable water will be transported to the site to ensure the provision of a sufficient and reliable water supply to support the event. These matters are reinforced through recommended conditions (refer to recommended conditions 2.39 – 2.43).

· C5 Waste Management

Bathroom facilities will be transported to the site to support the event.

Appropriate conditions of consent are recommended requiring the provision of adequate waste and recycling facilities for participants and food stall holders, as well as the management of waste during the event and the appropriate disposal of the waste from the site (refer to recommended conditions 2.51 – 2.74).

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

Built and Natural Environment

The temporary nature of the proposed development includes the installation of various temporary structures which will be removed upon completion of the one-day event. The layout of the existing paddocks, and the utilisation of the natural amphitheatre within the paddock area for a music concert, provides a suitable response to safeguard the existing heritage buildings and associated landscaping from being altered by the proposed development. A rehabilitation plan is to be provided and implemented, to return areas disturbed by the event back to their pre-development state (refer to recommended condition 2.94).

The site is identified as being bushfire prone land. The use of the site for a music concert will not increase the bushfire risk of the site and the amended date in May is less likely to be affected. A Bushfire Management Plan is required to be submitted to Council for consideration prior to the use of the site (refer to recommended condition 2.16)

The DA was referred to the NSW Fire and Rescue and the NSW Rural Fire Service and no objections were raised.

Access, Transport and Traffic

A Traffic Management Plan was submitted with the DA detailing the intended paths of travel to and from the site, the provision of special event directional signage, the use of temporary Variable Message Signage (VMS), road closures and the use of traffic control officers/local Police to management movement of vehicles on the event day.

Parking areas are to be provided within existing paddocks, including the provision of 1800 parking spaces for spectators and event staff. Spectators will be able to pre-purchase car parking tickets for the event.

The Traffic Management Plan has been considered by Council’s Traffic Engineers, Penrith Local Area Command, Roads and Maritime Services, and endorsed by the Local Traffic Committee.

Noise Impacts

The Acoustic Report originally submitted with the DA did not address the acoustics matters related to the proposed event. Subsequently, an amended Acoustic Report was prepared and submitted.

The Acoustic Report dated January 2017 has been assessed by Council’s Environment Team Leader, and found to be unsatisfactory. Notwithstanding this, given the proposed finish time of 10pm the proposal can comply with relevant noise criteria and a condition is recommended.

A minimum of two measurements are to be undertaken during the event at each monitoring location to provide data on noise generated at different stages during the event. A report detailing the outcomes of the event is to be submitted to Council within 28 days of the event (refer to recommended conditions 2.75 – 2.82).

A letterbox drop to residents within a 1km radius of the property boundaries is to take place within 1 week of the event. The purpose of this letter is to advise residents of the details of the event including the provision of a landline and mobile phone option for contacting event organisers. The hotline is to ensure residents are able to contact event organises with any concerns during the event (refer to recommended conditions 2.83 – 2.84).

Noise is anticipated to be generated from such a large scale music event. The size of the event site, the location of the stage and temporary structures within the site assist in minimising the transmission of noise of from the site. The event is to be held on one-day, during reasonable hours of the day and evening. With the appropriate management plans in place, the noise from the event is considered not to have an unreasonable nor adverse impact on the community. This proposal also provides an opportunity to substantiate noise levels during operation, which can be specific to a particular site, for any further proposals.

Social and Economic Impacts

Opportunities for employment leading up to and during the event is a positive outcome of the development. The event also provides an opportunity for the local community to engage in a social activity without the need to travel long distances to other entertainment facilities outside the area.

The proposed event can stimulate the local economy both on and off the site. On-site benefits include fees for admission and parking, food and beverage sales, and event souvenirs. Off-site benefit can include accommodation for overnight visitors, spending at restaurants, service stations and local tourist attractions. Although the injection of money into the local economy is only short term, raising the profile of a city through a diversity of activities and locations can lead to lasting economic benefits.

Section 79C(1)(c) – The suitability of the site for development

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon the completion of the event. The land area is such that it is capable of accommodating all aspects of the development, in particular car parking areas within the existing paddocks.

While it is noted that there will be impacts on the movement of traffic within the vicinity of the site, particularly at peak times of people entering and exiting the site, the management of the traffic through the provisions outlined in the Traffic Management Plan will ensure the safe movement of vehicular traffic within the vicinity of the site.

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

In accordance with Penrith Development Control Plan 2014, the proposed development was advertised and notified with and exhibition period from 13 January to 13 February 2017. During the exhibition period the date of the event was altered from April to May, a new Acoustic Report was submitted and advice was received that neighbouring properties had not received a notification letter. A further neighbour notification letter was therefore sent with the exhibition period extended until 20 February 2017. In total over 400 owners/occupiers within a 2km radius of the development site where notified, including Mulgoa Progress Association.

8 submissions were received in response to the notification period.

The following issues were raised in submissions received and form part of the assessment.

· Traffic Impacts

A submission suggests an alternative route via Chain of Ponds Road from The Northern Road as opposed to Littlefields Roads for the traffic movement.

The Traffic Management Plan submitted by the applicant has been assessed by Council’s Traffic Engineers, Penrith Local Area Command and the Roads and maritime Services, and the proposed paths of travel is considered acceptable.

Traffic impacts are addressed within the ‘Access, Transport and Traffic’ section of this report.

· Adverse Noise Impacts

Submissions raised concerns regarding the generation of noise during the event, the need for noise monitoring and the criteria to which Council assesses Development proposals.

Penrith City Council does not currently have a Noise Policy. In assessing any proposed development Council assess the potential noise impacts against the relevant NSW Guidelines and Policies. In most circumstances the most stringent noise criteria, which is known as ‘intrusive noise criteria’, is applied. Special Conditions are recommended (2.15 to 2.84) which can be achieved given the scale of the site and the hours proposed.

The applicant will be required to undertake noise monitoring of the event and submit results to Council. Council’s Environment team will also be in attendance to undertake their own noise assessment and should noise exceedances be identified event management can be required by order to reduce noise levels emitted.

These concerns have also been addressed within the ‘Noise Impact’ section of this report.

· Site suitability for the proposed development

The Penrith LEP 2010 enables the provision of temporary land uses within the Mulgoa Valley area. The proposal is not considered to be contrary to the intent of the LEP.

The applicant will be required to rehabilitate the property and return it to its pre-development state. This rehabilitation of the site will include inspections from Council Officers to ensure the works have been undertaken. Given the scale of the site and its setting to accommodate such an event, centrally it is suitable for the development.

· Heritage item

A submission raised that the application is being assessed under Clause 2.8 of Penrith LEP and not Clause 5.10 and therefore no revenue raised from the event will be returned to maintain the heritage item on site.

It is noted that Clause 2.8 of Penrith LEP 2010 does not compel the applicant to return funds generated from conducting the music concert on the maintenance of the heritage listed buildings or associated landscaping.

· Notification process

This is addressed under the main heading “Any Submissions Made.”

· Event Management

Submissions raised event management concerns relating to security measures such as ratio of security staff to patrons and security and drug management.

The Event Management and Operational Plan submitted with the DA outlines that ‘a comprehensive Security and Alcohol Plan will be submitted once a security provider is confirmed’.

Recommended conditions have been included for the applicant to provide a Security Management Plan and Drug and Alcohol Management Plan to Council prior to the event (see recommended conditions 2.95 – 2.96).

· Bushfire Management

A submission raised the issue of the Bushfire Management Plan being excluded from the Event Management and Operational Plan.

It is noted that the Event Management and Operational Plan submitted with the DA referred to Appendix N for the Bushfire Management Plan, however the documentation had not been included with the submission documents.

A Bushfire Management Plan must be submitted to Council for consideration prior to the use of the site (refer to recommended condition 2.16).

· Compliance Action (unrelated to this DA)

A submission infers that Council has not taken action in relation to compliance matters on the site. These matters relate to On-Site Sewerage Management (OSSM) and conditions of consent for another DA.

Council Officers have responded to a number of complaints regarding a variety of issue on the site. Significant resources have been allocated to investigating and resolving issues. Some of these issues have been resolved and others are ongoing. The proposed music concert does not rely upon the use of any structures or facilities that have compliance matters pending.

· Social and Economic Impacts

A submission states that local shop keepers have not received business as a result of any Fernhill event. This submission was from a resident, not a shop/business owner/operator. The submission also questioned how a concert enhances tourist potential.

Concerns raised in the submission are addressed within the ‘Social and Economic Impacts’ section of this report. The term ‘local’ is not limited to the Mulgoa Village, it extends beyond these boundaries and considers opportunities in a broader context.

Event marketing for such an event will use a varies forms of media, appealing to a broad spectrum of people. This has the potential to raises awareness and appeal of the region, and therefore increase visitation numbers and in turn inject money into the local economy into the future.

· Precedence

A submission has raised that the approval of this DA must not set a precedent for more frequent events on the Fernhill site.

The approval of a temporary event application is not considered to set a precedent regarding more frequent events on the site. The temporary land use provisions under Clause 2.8 of Penrith LEP 2010 provides a limitation of 28 days within a 12 month period. The determination and monitoring of temporary events provides Council the opportunity to monitor such events and determine the appropriateness of these events on the site.

This DA being considered is for a one-day music event on 7 May 2017.

Internal Referrals

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

*Referral Body*	*Comments received*
Building Surveyor	Supported subject to conditions
Team Leader Environment – Environmental Management	Acoustic Report reviewed and found to be unsatisfactory. Conditions recommended to ensure standards are applied.
Environmental Health Officer – Public Health	Statement of Environmental Effects and Event Management and Operational Plan reviewed which found insufficient information regarding food, water supply and wastewater management. Conditions recommended to ensure health standards are met.
Senior Traffic Engineer	Supported subject to conditions

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

The proposal involves conducting a Music Concert to be held on 7 May 2017. The event can attract up to 5,000 patrons to the site. The promotion of the event will attract ongoing interest to the Penrith region and have economic benefits for the greater community.

The proposed event will have minimal impacts on the heritage values of the site, with rectification works to any disturbed areas after the event. Impacts from noise and traffic are recommended to be addressed through conditions to ensure that they are minimised and not adverse or unreasonable.

It is considered that the event would create public benefit, and approval of the application is recommended subject to conditions.

Section 91 Integrated Development

Heritage Act 1977

The subject site is identified as a State Significant Item the Heritage Act 1977 and is also listed on the Register of the National Estate and National Trust Register.

Section 57 of the Heritage Act states:

(1) When an interim heritage order or listing on the State Heritage Register applies to a place, building, work, relic, moveable object, precinct, or land, a person must not do any of the following things except in pursuance of an approval granted by the approval body under Subdivision 1 of Division 3:

a) demolish the building or work,

b) damage or despoil the place, precinct or land, or any part of the place, precinct or land,

c) move, damage or destroy the relic or moveable object,

d) excavate any land for the purpose of exposing or moving the relic,

e) carry out any development in relation to the land on which the building, work or relic is situated, the land that comprises the place, or land within the precinct,

f) alter the building, work, relic or moveable object,

g) display any notice or advertisement on the place, building, work, relic, moveable object or land, or in the precinct,

h) damage or destroy any tree or other vegetation on or remove any tree or other vegetation from the place, precinct or land.

As the proposal represents a form of development specified in Section 57 of the Heritage Act, the DA was referred to the New South Wales Environment and Heritage Office for their “integrated” approval. At the time of this reporting being finalised the General Terms of Approval (GTA’s) had not been issued and it is therefore recommended that the DA be approved under delegation, subject to GTA’s being issued. If GTA’s are not issued, Council is not able to approve the application.

Section 94 Contributions

There is no S94 Contribution Plan applicable for the proposed development.

Conclusion

The applicant seeks consent for the purpose of conducting a Music Concert on 7 May 2017 at “Fernhill Estate” 1041-1117 Mulgoa Road, Mulgoa. The proposed development has been determined to be a temporary land use under the relevant planning instrument and satisfies the objectives and provisions of relevant plans.

It is acknowledged that there will be some impacts generated by the event, namely traffic generation and noise. The impacts are not likely to be unreasonable and can be managed and minimised so as not to be adverse. As the event is limited to one (1) day, on balance the proposal represents benefits to the community in terms of economic stimulation and maximising utilisation of a state significant site, without adversely impacting on the existing structures or significant landscaped areas.

The proposed development is therefore acceptable in the circumstances and as such the event is in the public interest and recommended for approval.

RECOMMENDATION

That:

1. The information contained in the report on Development Application DA16/1375 Music Concert to be held on One (1) Day in May 2017 with a Maximum of 5,000 Attendees Lot 10 DP 615085, Lot 11 DP 615085, Lot 2 DP 541825 and Lot 10 DP 615085 at Fernhill Estate (No. 1041-1187) Mulgoa Road, Mulgoa be received.

2. Development Application number DA16/1375 be approved under delegation subject to receipt of General Terms of Approval (GTA’s) from the NSW Environment and Heritage Office and subject to the following conditions:

2.01 This consent permits a Music Concert on 7 May 2017. Compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

2.02 Any future events on the site would require a separate development application.

2.03 The maximum number of tickets available for spectators involved in the Music Event is limited to 5,000 people. Evidence of compliance is to be provided to Penrith City Council within two (2) weeks of the event concluding.

2.04 All entertainment and trading including the operation of a Public Address and speaker system is to cease at 10:00pm on the day of the event.

2.05 The ‘Bump In’ period is limited to four (4) days prior to the event with the ‘Bump Out’ period limited to two (2) days after each event.

2.06 All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the on-going benefit of the community. Compliance with the performance requirements can only be achieved by:

a) complying with the deemed to satisfy provisions, or

b) formulating an alternative solution which:

· complies with the performance requirements, or

· is shown to be at least equivalent to the deemed to satisfy provision, or

c) a combination of (a) and (b).

It is the owner’s responsibility to place on display, in a prominent position within the building at all times, a copy of the latest fire safety schedule and fire safety certificate/ statement for the building.

2.07 The development shall comply with the provisions of the Building Code of Australia at all times, with respect to smoke and flame index of materials, emergency lighting, exit signs and firefighting facilities.

2.08 Access to car parking area, spectator areas and sanitary facilities for persons with disabilities is to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”.

2.09 The temporary tent structures, stages and platforms, when erected, are to fully comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council prior to the event, certifying the structural adequacy of the structures.

The maximum number of patrons permitted within any part of the structures is to be clearly displayed in a prominent position on each structure.

2.10 The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

2.11 Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and implement agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

2.12 The event structures are to be inspected by Penrith City Council at least 24 hours before the event operates for the public. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

2.13 The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

2.14 Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001 and BCA Part E1.6, with certification submitted to Council prior to the event.

2.15 Access to the site for the NSW Fire Brigades/ Rural Fire Service/ NSW Ambulance Service is to be made available at all times during the operation of the event.

Bushfire Protection Requirements

2.16 A Bushfire Management Plan is to be submitted to Penrith Council for approval at least three (3) weeks prior to the event. The evacuation plan is to detail the following:

a) Under what circumstances the function centre is to be evacuated.

b) Where will all persons be evacuated to.

c) Roles and responsibilities of persons co-ordinating the evacuation.

d) Roles and responsibilities of persons remaining with the function centre after evacuation.

e) Procedure to contact the NSW Rural Fire Service / Rural Fire Service and inform them of the evacuation and where they will be evacuated to.

Transport Management Plan

2.17 The event applicant is advised that this is a Class 1 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.

2.18 The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan prepared by Who Dares Pty Ltd dated 4 December 2016.

2.19 A Transport Management Plan, including a Risk Management Plan, is to 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.

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

2.21 The event applicant is to provide confirmation of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event. In addition, the applicant is to indemnify Council in writing against all claims for damages and injury which may result from the proposed event.

2.22 A Transport Management Plan, including a Risk Management Plan, must be lodged by the event applicant with the Roads and Maritime Services and Transport for NSW Traffic Management Centre for concurrence, prior to the event. A copy of the Roads and Maritime Services and Transport for NSW Traffic Management Centre’s approval must be submitted to Council prior to the event.

2.23 A Traffic Control Plan is to be submitted to Roads and Maritime Service prior to the event. This Plan shall include:

· Details of the proposed speed limit reduction on Mulgoa Road.

· Details of a minimum 4.0m emergency lane to be maintained at all times during the event.

· Details of where variable message signs (VMS) are proposed to be located. The use of VMS are to be in accordance with Roads and Maritime Services Technical Direction TDT2010/07.

2.24 The event applicant must arrange to place barricades, traffic cones and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed 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.

2.25 The event applicant is to ensure that a traffic controller is provided on Mulgoa Road, Mulgoa, in the vicinity of the southbound approach back of queue to provide feedback to traffic controllers and to warn approaching drivers of the queue.

2.26 The event applicant is to ensure that a Road closed – Local Access via St Thomas Road (south) and direction arrow is provided at St Thomas Road (north) intersection with Mulgoa Road, Mulgoa.

2.27 The event applicant is to ensure that a traffic controller is provided at the intersection of St Thomas Road and Farm Road, Mulgoa to offer direction to motorist attending the event.

2.28 The event applicant to ensure that a traffic controller and Road Closed – Local Traffic Only signage is provided at the intersection of St Thomas Road and Kingshill Road, Mulgoa.

2.29 The event applicant is to ensure that Fernhill direction signs are provided facing both the north bound and southbound approaches to The Northern Road to Littlefields Road, Mulgoa.

2.30 The event applicant is to ensure that a traffic controller is provided in Farm Road, Mulgoa to monitor and control driver and parking behaviour in the vicinity.

2.31 The event organiser must notify the Ambulance Service of NSW, Fire and Rescue NSW, Rural Fire Service, and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

2.32 A request is to be made to NSW Fire and Rescue and NSW Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the Fernhill Music Concert be postponed for the week of the event.

2.33 The event applicant is to provide advice to Council prior to the event that the event complies with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

2.34 All works as part of this approval are conducted at no cost to Council.

2.35 The event applicant must advertise the proposed traffic diversions in local newspapers and other media as described in the Traffic Management Plan, a minimum of two (2) weeks prior to the event.

2.36 The event applicant is to notify private bus companies, coach organisations and taxi companies of the proposed event and submit a copy of the notification to Council prior to the event.

2.37 Where provided, variable message sign boards are to be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

2.38 Any proposed temporary / partial road closures will require the applicant to apply for a Road Occupancy Licence (Form C & D) by contacting the Transport Management Centre’s Planned Incidents Unit (02) 83961513 during office hours (8am – 4pm) or 131700 after hours.

The applicant will be required to submit the Road Occupancy Licence forms/ traffic management plan at least 10 working days prior to the start of works. Plans should be forwarded to the Supervisor Planned Incidents Unit, Transport Operations, Transport Management Centre or on facsimile (02) 8396 1530.

Potable Water Supply

2.39 A Potable Water Supply Management Plan is to be provided to Council for approval at least three (3) weeks before the event demonstrating how potable water will be supplied to all required fixtures including food stalls, bars, showers, hand wash basins and stations and anywhere else where a potable water supply is required.

The plan shall demonstrate how water quality will be measured, recorded and maintained at the supply, delivery of water to storage tanks and at the point of use throughout the duration of the event.

The plan should also include information on how the water will be provided to the site, storage tanks, pumps and the distribution system, tank cleaning, location of storage tanks and the security of tanks and the water supply.

2.40 The potable water supply shall be maintained in accordance with the Australian Drinking Water Guidelines 2016 and the NSW Health Private Water Supply Guidelines 2014. A residual of 0.5 mg/L free chlorine must be maintained in the water supply at all times.

2.41 Residual chlorine must be measured and recorded at the supply, delivery of water to storage tanks, and at the point of use throughout the duration of the event. Additional chlorine must be added if residuals cannot be maintained in accordance with the NSW Health Private Water Supply Guidelines 2014. Stored water shall be tested and results recorded a minimum of every 2 hours. Records must be available for Council’s Environmental Health Officers to inspect upon request. In the event that the testing shows non-compliance with the NSW Health Private Water Supply Guidelines 2014, Council is to be notified immediately.

2.42 Any water carter providing potable water for the event must make available to Council, for inspection, before the event their water carts, cleaning records and logs, and chlorine testing equipment. The supply of water shall be completed in accordance with the NSW Guidelines for Water Carters (NSW Health & NSW Food Authority 2012). The carter must have approval or licensing from Sydney Water or other Water Authority to take water from their supply and the event coordinator must notify Council before the event where water is being sourced from.

2.43 A Quality Assurance Plan must be developed and submitted to Council and the Nepean Blue Mountains Local Health District for approval at least three (3) weeks before the event.

Food

2.44 A detailed Food Management Plan is to be provided to Council for approval a minimum of three (3) weeks prior to the event, outlining all aspects of food supply, storage, and delivery. The Food Management Plan must cover all food supplied to staff and the public for this event. The Food Management Plan, as a minimum, should include the following:

· Food suppliers;

· Transport of the food to the event;

· Food storage;

· Temperature control (cool rooms etc);

· Hand washing facilities and cleaning facilities;

· Water, electricity and gas supplies;

· Wastewater disposal;

· Garbage bins and disposal;

· Food display and fixtures; and

· Construction of stalls

2.45 Council requires all food businesses attending this event to obtain approval to sell food prior to the event. This application must be submitted to Council a minimum of three (3) weeks before the event to allow Council sufficient time to assess the applications. Late applications will not be considered or approved. Council will provide the event organiser with a list of approved food businesses prior to the event.

Application to sell food forms are available on Council’s website: www.penrithcity.nsw.gov.au

Note: A person selling food or operating stalls or mobile vans used for selling food for human consumption, including produce, fruit and vegetables, drinks, or pre-packaged food, is deemed to be a ‘food business’ under the Food Act 2003. This includes not-for-profit organisations.

2.46 A Food Safety Supervisor, with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority, must be appointed by each individual food business selling potentially hazardous food prior to the event. The Certificate must be available at the day of the event for inspection by Council’s Environmental Health Officers.

2.47 The proprietor of the food business shall ensure that the requirements of the following legislation, codes, and guidelines are met at all times:

· NSW Food Act 2003;

· NSW Food Regulation 2015;

· The Australian and New Zealand Food Standards Code;

· Guidelines for Temporary Events (NSW Food Authority 2016), and;

· Mobile food vending vehicles: Operation, construction and food handling guidelines (NSW Food Authority 2017)

2.48 Coolrooms must be supplied by the event organisers for use by all food businesses and power must be maintained to these coolrooms at all times. The Event Coordinator is to liaise with food businesses as to their coolroom and storage needs. Coolroom temperatures must be routinely monitored and temperatures recorded every two (2) hours during the event. The records must be available at the day of the event for inspection by Council’s Environmental Health Officers upon request. An alarm/record system must be provided to ensure correct temperatures are maintained overnight.

2.49 Toilets must be provided for all food handlers and maintained in a hygienic condition. These toilets must be separate to other event toilets and not available to the general public, employees or officials. The toilets must be located in the general vicinity of the food stalls. Toilets shall be supplied with a hand washing facilities that provide warm water through a single outlet and be provided with soap and paper towels. A plan demonstrating the number and location of toilets is to be submitted to Council a minimum of three (3) weeks prior to the event.

2.50 Hand basins must be provided to all food stalls and mobile vans, be readily accessible, and be no more than 5 metres from any food preparation area. They must be freestanding, serviced with hot and cold water through a single outlet, able to be mixed at a temperature of at least 40°C. Disposable paper hand towels and soap must be provided and serviced from a dispenser adjacent to each hand basin.

Waste and Wastewater

2.51 A detailed Wastewater Management Plan for the storage and disposal of all wastewater needs to be supplied to Council for approval within three (3) weeks prior to the event. The plan should reference the Australian Emergency Manuals Series – Manual 2 Safe and Healthy Mass Gatherings (EMA 1999) and any NSW Health requirements.

2.52 Temporary sanitary facilities, separate from those supplied for food handlers, must be provided for patrons and other event staff in accordance with Table F2.3 of the Building Code of Australia.

2.53 The provisions of toilets for the event are to comply with Section 34 and 35 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. In addition, hand sanitary stations shall be provided in sufficient numbers for the event.

2.54 Showers shall be supplied for any food handlers/event staff who will be staying overnight at the event if this to occur.

2.55 All toilet and wastewater facilities are to be operated and located in a suitable location so not to cause water pollution as defined in the provisions of the Protection of the Environment Operations Act, 1997 and the Regulations made thereunder.

2.56 In the event wastewater enters the dams, local water ways or the stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition, Council is to be notified of the incident immediately.

2.57 Any wastewater discharge or spill is to be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

2.58 All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

2.59 No wastewater is to be discharged to the environment. All wastewater is to be transported and disposed of at a lawful and licensed facility by a NSW EPA licensed contractor. Copies of receipts are to be provided to Council within one week of the event finishing.

2.60 A detailed Waste Management Plan for the storage and disposal of all waste needs to be supplied to Council for approval within three (3) weeks prior to the event, including but not limited to the number and location of bins, the waste service contractor and how the waste will be removed off site.

2.61 Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment businesses.

2.62 Bins are to be located as to not cause pollution and are to be frequently emptied.

2.63 A detailed Wastewater Management Plan for the storage and disposal of all wastewater needs to be supplied to Council for approval within three (3) weeks prior to the event. The plan should reference the Australian Emergency Manuals Series – Manual 2 Safe and Healthy Mass Gatherings (EMA 1999) and any NSW Health requirements.

2.64 Temporary sanitary facilities, separate from those supplied for food handlers, must be provided for patrons and other event staff in accordance with Table F2.3 of the Building Code of Australia.

2.65 The provisions of toilets for the event are to comply with Section 34 and 35 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. In addition, hand sanitary stations shall be provided in sufficient numbers for the event.

2.66 Showers shall be supplied for any food handlers/event staff who will be staying overnight at the event if this to occur.

2.67 All toilet and wastewater facilities are to be operated and located in a suitable location so not to cause water pollution as defined in the provisions of the Protection of the Environment Operations Act, 1997 and the Regulations made thereunder.

2.68 In the event wastewater enters the dams, local water ways or the stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition, Council is to be notified of the incident immediately.

2.69 Any wastewater discharge or spill is to be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

2.70 All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

2.71 No wastewater is to be discharged to the environment. All wastewater is to be transported and disposed of at a lawful and licensed facility by a NSW EPA licensed contractor. Copies of receipts are to be provided to Council within one week of the event finishing.

2.72 A detailed Waste Management Plan for the storage and disposal of all waste needs to be supplied to Council for approval within three (3) weeks prior to the event, including but not limited to the number and location of bins, the waste service contractor and how the waste will be removed off site.

2.73 Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment businesses.

2.74 Bins are to be located as to not cause pollution and are to be frequently emptied.

Noise

2.75 Noise generated from the event is not to exceed the background noise level by more than 5 dB(a) at any time. This is to be assessed at the most-affected point on the property boundary or, if that is more than 30m from the residence, at the most-affected point within 30m of the residence.

2.76 All music and use of amplified address systems is to cease at 10:00pm.

2.77 Access to venue is to be provided to Council’s staff for the purpose of undertaking noise assessments during the course of the event.

2.78 The requirements of Section 5.3 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) are to be complied with at all times.

2.79 The compliance noise monitoring shall be undertaken in accordance with Section 6 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) and undertaken in accordance with the following frequency:

· Minimum of once during the daytime period (up until 6pm)

· Minimum of twice during the evening period (6-10pm)

· In response to complaints received from the community

2.80 The requirements of Section 7 through to 9 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) are to be complied with at all times.

2.81 The services of a suitably qualified consultant is to be engaged to conduct noise testing during the event and provide an Event Acoustic Report to be submitted to Penrith City Council within twenty eight (28) days of the event.

The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise and New South Wales Environment Protection Authority Industrial Noise Source Policy 2000.

2.82 The event applicant is to ensure that noise control measures are in place as required by the provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise and the Protection of the Environment Operations (Noise Control) Regulation 2000.

Noise levels generated by the events shall not be audible from the dwellings of neighbouring properties.

2.83 A noise complaint hotline (landline and mobile) by the event organisers is to be made available to the surrounding area in case noise nuisance occurs. Any complaints are to be reported to the event manager and where necessary action is to be taken to resolve the noise nuisance. The event manager if so required by a Council authorised officer, the acoustic consultant or the NSW Police Force, must have the authority to order the reduction of noise level produced.

2.84 One (1) week prior to the any functions being held on the site, details of the noise complaint hotline (including landline and mobile phone), the dates and times of the events are to be distributed to residents within 1km of the property boundaries of the site.

Details of the function to be held on the site are also to be displayed within the Mulgoa Progress Association Notice Board, located within the Mulgoa Village Shopping Centre.

Environmental Management

2.85 Erosion and sediment control measures shall be implemented in and around the car parking areas to prevent mud and soil from vehicular movements from entering dams, tributaries and the stormwater drainage system.

2.86 The erosion and sediment control measures shall be installed in accordance with “Managing Urban Stormwater: Soils and Construction” 2004 and be maintained for the duration of the events.

2.87 No trees or other vegetation (including native understorey and grass species) are to be removed, ringbarked, cut, topped, lopped or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council’s Tree Preservation Order Policy. Tree protection measures may be required where vehicles or structures will be near trees.

2.88 No fill material is to be imported to the site without the prior approval of Penrith City Council in accordance with Sydney Regional Environmental Plan No.20 (Hawkesbury- Nepean River) (No.2-1997). No recycling of material for use as fill material shall be carried out on the site without the prior approval of Council.

2.89 No fill, machinery or materials are to be placed or stored within the drip-line of any tree, unless appropriate tree protection measures are in place.

2.90 Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the site. This is to apply to parking areas, access roads and within the event site.

2.91 Mud and soil from vehicular movements to and from the site must not be deposited on the road.

2.92 All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

2.93 Any general waste located within the local road network affected by the local traffic diversions (St Thomas road, Farm Road and Littlefields Road) is to be removed from these locations within one (1) week of each event being held.

2.94 A Rehabilitation Plan is to be submitted to Council at least three (3) weeks prior to the event. The rehabilitation works are to be inspected by Council within one (1) week of the rehabilitation works being completed. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

Security, Drug and Alcohol Management

2.95 A Security Management Plan must be provided to Council at least three (3) weeks prior to the event. The plan must:

· a combination of security personnel and paid Policing for the duration of the event. This includes a number of security guards on the site as determined in conjunction with Penrith Police.

· Crowd Control procedures to be adhered to by security and event staff throughout the event.

2.96 A Drug and Alcohol Management Plan must be submitted to Council at least three (3) weeks prior to the event.

2.97 Security and event staff are to promote responsible consumption of alcohol and minimise opportunities for alcohol related antisocial behaviour to occur.

2.98 Security personnel must be provided within the on-site car park and at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

2.99 Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

2.100 Alcohol must not be brought in to the event, but must only be purchased on site from the licensed vendors. The consumption of alcohol within the car park on the site is not permitted.

2.101 Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

2.102 Free water must be provided at all bar areas and bottle refilling stations.

Major and Medical Incidents

2.103 The ‘Event Management and Operational Plan - Fernhill Estate 2017 Concert’ provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency.

2.104 Records should be kept of all incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken.

Lighting and Power

2.105 Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stage area.

2.106 Access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies.

Signage

2.107 Clear signage should be displayed throughout the event to clearly indicate entry/exit points, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

2.108 Additional signage is to be displayed throughout the event to clearly mark ‘Designated Smoking Areas’ and the need to properly dispose of cigarette butts into the correct bins in order to protect the site’s heritage items and the environment.

2.109 All signage associated with the event shall be removed upon completion of the event.

3. Those making submissions be advised of Council’s decision and the outcome of the Integrated Application under the Heritage Act 1977.

ATTACHMENTS/APPENDICES

1. ⇩

Site Plan and Event Area

2 Pages

Appendix

Ordinary Meeting 27 February 2017

Compliance and Legal History relating to (No. 41-47) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: Ty and Deanne Gosling

Compiled by: Greg McCarthy , Environmental Health and Compliance Manager

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

Requested By: Councillor Kevin Crameri OAM

Councillor Marcus Cornish

Outcome	We plan for our future growth
Strategy	Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities
Service Activity	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 considered a report on this matter at the Ordinary meeting held on 18 November 2016. After considering the report at that meeting, Council resolved as follows:

1. The information contained in the report on the Chronology of events surrounding outcome of Class 1 Land and Environment Court appeal – Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence and Class 1 S96 Modification Application Appeal 15/10683 at (No.41-47) Jolly Street, Castlereagh be received.

2. A further report be presented to Council addressing recommendation 2 at Minute No. 248 of Council’s Ordinary meeting minutes of 22 August, 2016, which reads as follows:

“2. A further report to Council be prepared regarding the chronology of all events surrounding this matter and why it has failed in court proceedings.”

As it was reported to the last Council meeting, this has been an extremely difficult matter that has been ongoing for over four years and will likely continue into the future. The owners of the property are particularly difficult to deal with. There is significant tension between the owners and their neighbours, and the parties involved are highly emotive which adds an extra element to the Council’s role as the regulatory body. Hundreds of hours of resources have been allocated to investigating complaints and monitoring the trucks and activities on site, and Council has expended in excess of $90,000 on the matter.

In addition to those costs, the landowner and neighbour have expended significant amounts on retaining independent experts, and legal representatives.

This matter has been the subject of 17 reports to Council since June 2014, this report being the 18^th report, and 12 memorandums to Councillors. The matters have involved 4 sets of legal proceedings in the Land and Environment Court, and it is expected that Council’s compliance team will conduct ongoing monitoring and perhaps even compliance action, if the landowners fail to comply with the conditions of their development consent.

Given the outcome of the appeal in relation to the refusal of a building certificate for a metal fence, the current policy position in regard to rural fences may need review.

Background

On 22 August 2016, Council was provided information on the outcome of a recent decision of the Land and Environment Court in relation to a property located at 41 – 47 Jolly Street, Castlereagh (the Property).

Council was involved in proceedings through the Land and Environment Court of NSW concerning a Class 1 merit appeal. The appeal related to Council’s refusal of a Building Certificate Application, being BC15/0048, to allow an unauthorised solid metal panel fence on the property.

The Court upheld the appeal and ordered Council to issue a Building Certificate in respect of the solid metal panel fence on the Property.

A separate Class 1 S96 Modification Application Appeal 15/10683 ran concurrently for refusal of a Section 96 Modification Application being DA No. 14/0622.02 to an approved shed, trucking turning area and use of site for parking of trucks This was resolved following a Council resolution to endorse consent orders which imposed an agreed set of conditions of development consent on the landowners.

The Site

The site is located on the northern side of Jolly Street which is bounded by Sheridan Road to the west and Church Street to the east. Developments in the area are primarily rural residential in nature.

The site has a total area of approximately 2.3 hectares. The site falls around 2 metres from the southwest to the northeast. Existing improvements on the site include a dwelling house, a garage/shed and an in ground swimming pool.

Council’s information has identified the site as Bush Fire Prone Land. As the site contains remnants of Castlereagh Scribbly Gum Woodland, Council has also identified the property as Cumberland Plain Priority Conversation Land.

The site is not flood affected or subject to overland flow. How, there have been unauthorised fill works that have occurred on the site that have changed the natural contours of the land and likely restricted sheet flow. Sheet flow being surface runoff of water likely altered by the activities undertaken by the current owners Ty & Deanne Gosling.

The property at 41-47 Jolly Street, Castlereagh first came to the attention of Council in October 2012 when complaints were lodged concerning the removal of trees and unauthorised fill to create a driveway to the eastern side of the property, a hardstand area to the north of the dwelling, construction of a shed, and installation of an underground water tank.

Council also received a number of complaints concerning noise and the use of the premises as a trucking business.

In October 2014, Council was advised the owner had erected a colorbond fence to both sides of the dwelling.

The following is a chronology of compliance action and further information about the outcome of the Land and Environment Court of NSW decision.

What has been approved pursuant to the consent orders

The landowner lodged a Development Application (DA14/0622) on 11 June 2014 which sought consent for the legitimisation of earthworks, a truck turning area, construction of a shed, and the parking of 2 trucks within the shed. This development application followed the refusal of a development application which sought consent for a shed of a much larger scale in 2013.

Development Application 14/0622 was approved by Council on 27 October 2014. The approval was granted with a condition that the proposed location of the shed (western boundary) to be relocated to the north eastern boundary. In relation to the driveway on the eastern boundary, the consent required that:

Any driveway works and hard stand area are not to have an adverse impact upon stormwater surface flows on or from adjoining properties. All works are to be flush with the natural surface. Any works including mounding, are not to dam, concentrate or divert surface flows onto adjoining properties’ [condition 18].

On 23 June 2015 the landowner lodged a modification application which sought to amend 9 conditions imposed by Council in relation to DA14/0622. Council refused the modification application, and the landowner appealed to the Land and Environment Court against that refusal.

The first column of the table below identifies the condition numbers that were the subject of the modification application and Court appeal. The second column extracts the words of the conditions for each of the conditions that were the subject of the appeal, and the third column are contain the amendments that Council resolved (at the Ordinary meeting on 18 April 2016) to agree to and thereby form the basis of the consent orders which were later endorsed by the Land and Environment Court:-

Condition	Existing Condition as Imposed	Agreed Condition (and endorsed by Council and the Court)
1.	Location of the shed (north east) (Note: As part of the modification application the landowners sought consent to relocate the shed back to the western boundary, however during the appeal the landowner was content to accept the position of the council – for the shed to be located in the north east corner of the property).	Location of the shed (north east) (Explanation:* The applicant retracted the request to amend the location of the shed and as such the shed will remain in the location approved by Council.)*
11.	A trial consent period of twelve (12) months is granted for the storage and basic maintenance of two (2) pieces of plant or truck vehicles operated only by the occupier or occupiers of the property this consent lapses upon expiry of 12 months from the date of consent. This consent is effective from the issue of an Occupation Certificate for the shed. Prior to expiry of the date of the trial consent period, the applicant may submit a new Application for any continuance of the use.	The use of the approved shed for the garaging of plant and trucks, and for approved ancillary activities, is permitted for a trial period of 12 months only. This trial period is effective from the issue of an Occupation Certificate for the shed. Prior to expiry of the trial period, the applicant may submit a development application for continuance of the approved use. If such an application is made, the applicant may continue the use of the shed and of the subject land for the purpose of garaging of plant and trucks in accordance with this consent until the final determination of such development application. (Explanation: The proposed amendment further clarifies details around the trial period.)
13.	Truck movements are restricted to four (4) vehicle trips per day and restricted to between 6:00am and 8:00pm Monday to Fridays. No trucks movements are permitted on Saturdays, Sundays and public holidays.	Truck movements are restricted to four (4) vehicle trips per day and restricted to between 6am and 8pm Monday to Friday and between 6am and 6pm on Saturdays. No truck movements are permitted on Sundays and public holidays unless the movement relates to the vehicle entering the property once only between 6am and 8pm to be parked thereon. (Explanation: The proposed amendment enables Saturday use of the truck in accordance with the restricted hours already conditioned.)
15. (no change)	Storage of additional trucks or employee’s vehicles must occur at a site which is subject to development consent for such use. Employees of the business are not to leave their vehicles on site and drive one of the two trucks stored on site, unless they are a permanent occupier of the property.	No amendment sought (Explanation: The applicant has retracted their request to amend this condition and as such the condition remains as currently imposed.)
14.	The property must not be used as a truck/transport depot and/or vehicle repair workshop or vehicle repair station for: i) the parking or servicing of motor vehicles used in connection with a business, industry or freight transport undertaking garaging or storage or maintenance or servicing of any other trucks; or ii) repair of vehicles other than the two (2) pieces of plant or trucks approved herein.	The property must not be used as a truck or transport depot or as a vehicle repair workshop or as a vehicle repair station or for: (i) the parking or servicing of motor vehicles used in connection with a business, industry or freight transport undertaking or for the garaging or storage or maintenance or servicing of any other trucks; or (ii) repair or maintenance of vehicles other than the two (2) pieces of plant or trucks approved by this consent or private domestic vehicles. (Explanation: The condition has been further clarified to exclude limitations on private domestic vehicles which can lawfully be used as an ancillary use to the dwelling)
17.	All minor truck maintenance work is to be undertaken only by the owner of the property and must be undertaken inside the shed on the site. Minor truck maintenance work is to be restricted to between 6:00am and 8:00pm Monday to Fridays, 9:00am and 1:00pm Saturdays. No minor truck maintenance work is permitted on Sundays and Public Holidays.	Only minor truck maintenance work such as: • checking oil and fluid levels • checking tyre pressure and inflating where required • changing light bulbs • changing wiper blades • replacing air filters • checking the hydraulic connections between the prime mover and trailer is permitted and such minor maintenance work may be undertaken only by the occupier of the property. Such minor truck maintenance work is to be restricted to between 6am and 8pm Mondays to Fridays, 9am and 6pm Saturdays. No truck maintenance work is permitted on Sundays and public holidays. (Explanation: The recommended amendments further explain the maintenance work permitted, who can undertake the work and when the work is permitted to occur).
18.	Any driveway works and hard stand area are not to have an adverse impact upon stormwater surface flows on or from adjoining properties. All works are to be flush with the natural surface. Any works, including mounding, are not to dam, concentrate, or divert surface flows onto adjoining properties.	Condition 18 to be removed subject to the Applicant carrying out the drainage works as marked up in red on the Plan titled Proposed Drainage Concept Plan. (Explanation: the effect of this condition is that the eastern driveway can remain subject to the landowner carrying out the drainage works which require in part the diversion of water across the driveway to then discharge as per the existing contours of the site (that is towards the north eastern boundary).
19.	The two trucks must be stored inside the shed at all times and no loading or unloading of goods to or from the trucks is permitted on the site.	The two trucks and ancillary plant and equipment must be stored inside the shed at all times and no loading or unloading of goods to or from the trucks is permitted on the site. An exemption from this requirement applies only where the vehicle returns to the site and is parked on the site for a short duration (maximum 2 hours) between movements provided however that in such case the vehicle must be parked behind the northern most part of the existing dwelling house AND PROVIDED FURTHER that no trucks may be parked outside of the shed at any time between 8pm and 6am or on Sundays and Public Holidays." (Explanation: The recommended amended condition enables flexibility to park the truck outside the shed (in between truck movements) for up to 2 hours)
21. (specifies the Australian Standard)	Exterior flood lighting is not permitted and any erected lighting structures are to be removed from the site prior to the issue of the Occupation Certificate.	Exterior flood lighting is not permitted at any time, in addition all other lighting must be in compliance with AS 4282 (1997).

Fill Material and Drainage

One of the main issues in relation to the property and the Court proceedings related to the alleged unauthorised fill material. Submissions were received from an adjoining property owner that the subject landowner had altered the levels of his land which allegedly caused the diversion of stormwater flows and thereby adversely impacted on adjoining properties.

In order to address these concerns Council engaged its own surveyor to take levels of the subject property and that of adjoining properties. Further, as part of the Court proceedings the landowner engaged a firm of Engineers, Barker Ryan Stewart, whom produced an expert report. The report made the following key recommendations:

· Council’s table drains should be upgraded to capture flows coming off both the upstream properties located on the southern side of Jolly Street and the road reserve which would reduce the volume of water flowing into the subject property (and adjoining property) during periods of heavy rain (note: Council has spent in excess of $17,000 regrading the table drains on the norther side of the road reserve).

· To provide for adequate drainage on the subject site, swale drains need to be constructed as per an attached plan which accompanies the report. This will assist in reducing the nuisance overland flows occurring with the subject site and will not likely impact on the flow characteristics of stormwater waters within the road reserve. The swales will need to be constructed on either side of the dwelling, draining water from the two side sides of the front yard to the rear and discharging via a level spreader. Swales 7.0m wide graded at 0.5% within a minimum channel height of 100m would be capable of conveying water provided that the water can pass under the existing fence. This will require removal of landscaping from in front of the fence across the swale width.

· The swale (and gap) will require cleaning and removal of any material at regular intervals and after rainfall events to ensure its continued operation.

The report and accompanying drainage concept plan were reviewed by Council’s Development Engineering Coordinator who confirmed that the design will ensure the conveyance of sheet flow consistently with the natural drainage patterns of the site. There were however recommended amendments to be made to the plan which are summarised below:-

· The point of discharge (by way of level spreader) for the western and eastern swale needs to be relocated and extended to the north east of the property being the natural flow path. The current plan indicates discharge to the rear (north) which is inconsistent with the natural ground contours of the site (prior to works being undertaken).

· The eastern swale should be diverted across the second driveway to then discharge north east as per existing contours of the site (prior to works being undertaken).

The Drainage Concept Plan prepared by Barker Ryan Stewart and amended by Council underpins the amendment to condition 18 (see the table above) as endorsed by Council and the Court. This effectively means that if the landowner creates a diversion through the eastern driveway in accordance with the amended Drainage Concept Plan, then the eastern driveway does not have to be regraded to natural ground level.

In relation to the alleged fill material that has either been brought onto the site or has been excavated and relocated from other areas of the site, it has been suggested that surveys be conducted to obtain evidence or pre and post fill land levels, and that aerial photographs be relied upon.

Surveys have been conducted of the post fill land levels, including a survey that was conducted by Richard Hogan Surveyors on behalf of Council. Pre-fill land levels are more difficult to establish, and reliance is placed on the Australian Laser Survey data to obtain pre-land fill levels.

It is alleged that the levels of the property may have been increased in certain areas by up to between 100 and 150mm. If a decision was taken to attempt to take regulatory action it is worth noting that Council would bear the onus of establishing the amount of fill that has been allegedly deposited, which would then need to form the basis of a Court Order, if Council was successful in establishing that amount.

As indicated above It is noted that the only real comparisons of levels that Council has in relation to pre-fill levels and post fill levels is:

1. The Australian Laser Survey data (2002) which is said to have a degree of accuracy in the order of +/- 100mm compared to;

2. The Richard Hogan survey undertaken in 2015 which is said to have a degree of accuracy of +/-20mm.

This means that the differential in the survey information could be 120mm.

Council’s external Solicitor previously provided advice on this issue which indicates that:

“If Council seeks the removal of fill it will bear the onus of proof of all relevant facts. In particular, Council needs to prove what fill was placed on the land and where it was placed. The Council also needs to prove the relative height (or RL's) of the land before fill was placed thereon. Council's survey states that the identified or surveyed levels have a plus or minus tolerance. That is, Council does not have accurate evidence of the precise height of relevant land before fill was placed thereon. In those circumstances it will be almost impossible to frame orders requiring the land to be reduced in height to pre-filling levels. In the absence of such evidence the Court would not, in our opinion, issue orders for the removal of the fill.

Council will achieve a more effective outcome if it were to resolve the issues caused by the filling within the current Class 1 proceedings”.

Metal Fence appeal

The outcome and reasons for the decision of the Class 1 appeal in relation to the erection of the metal fence by the landowner was received by Council at the Ordinary meeting on 22 August 2016.

As previously reported, the Class 1 appeal in relation to the metal fence commenced in September 2015 after Council’s refusal of a Building Certificate Application BC15/0048 under delegated authority on 20 July 2015.

The subject fence is constructed of metal panel material, is approximately 2.1m in height, and runs for the majority of the allotment width at the building line. It is setback from the front boundary of the property by approximately 90m. The fence is not characterised as a boundary fence or a court yard fence. The property owner indicated that the purpose of the fence was for privacy and security.

Council officers refused the Building Certificate Application on the basis that the fence was not compatible with:

· the existing rural residential character of the area;

· the existing amenity of the area;

· the scale and design of fencing that is normally found in rural areas; and

· the bulk and scale of the material used in the metal panel fence are not compatible with Penrith Development Control Plan 2014 (DCP 2014) which provides:-

“Fencing is to be of an open rural nature consistent in style with that normally found in rural areas. Internal courtyard fencing or entry fencing should be sensitive to the rural environment.”

The matter was heard before Commissioner Dixon of the Land and Environment Court of NSW on 8 July 2016.

At the hearing, Council submitted the subject fence’s incompatibility with the existing rural residential character of the area, incompatibility with the existing amenity of the area, and the bulk and scale of the materials being inconsistent with the character of the rural area and DCP 2014.

The applicant submitted a schedule of properties in the vicinity of the Property that have solid metal panel fences adjoining dwellings, claiming that this was a representation of the character in the rural area. Council opposed this submission, stating that a search of Council’s records indicated these fences were unauthorised and that they represented a “very small part of the area”, not the dominant character.

In the decision, the Commissioner provided her reasons for upholding the Building Certificate application and noted the controls relating to fences in rural areas which are found in DCP 2014 but held that it should be not be given significant weight in the determination of the Building Certificate application. The Commissioner went on to say that the issuing of a Building Certificate is a certificate of inaction and that therefore the assessment of the building certificate application against the same criteria as a notional development application was not required.

In this sense, the Commissioner gave no significant weight to Council’s contention that the fence was incompatible with DCP 2014 when determining whether a Building Certificate should be granted. The Commissioner found that the fence provides security and privacy to the applicant, whilst being new, secure, landscaped, well-maintained, and having a sufficient setback from the front of the Property, to be generally consistent with the existing rural area (despite only 1 solid metal fence being the subject of an approval).

The Commissioner stated in the decision that, it is not the Court’s role to punish the applicant for carrying out the unauthorised works but to determine whether the certificate should be issued or not in the particular facts of the case.

These were the reasons for the Council being unsuccessful in the appeal on the fence. It should be noted that it was a merit appeal and therefore the Commissioner has a wide discretion when determining such matters.

Accordingly, the Court ordered the Council to issue a Building Certificate for the metal panel fence at 41-47 Jolly Street, Castlereagh.

Given the Commissioners view, a review of Council’s DCP and controls related to metal fences in rural areas may be warranted.

Other illegal fences

In the decision, the Commissioner referred to a list of 33 properties in the vicinity of 41-47 Jolly Street that had similar fences.

An inspection of each property and a search of Council’s records indicated that the majority of these fences as erected were unuthorized. Some of these fences were erected in the 1970’s, others in more recent years.

Councils Compliance team investigate matters under the Compliance and Enforcement Policy. Illegal fences are deemed to be a Category 3 as they constitute a minor non-compliance with an approval and may be the subject of a Neighbour dispute. Category 3 response would normally commence within 20 working days.

The Compliance team currently have a significant volume of matters to investigate, and do not currently have capacity to investigate the 33 illegal colour bond fences. The team will investigate illegal fences if they are reported to Council, but all will be assigned as Category 3 matters as outlined above.

Flood Lighting

Condition 21 as imposed under Development Consent DA14/0622 expressly prohibited flood lighting and required any existing lighting structures to be removed. The consent is silent on ‘other lighting’ of the property which prompted inclusion of this component into the modification application subject of the Court appeal.

The Australian Standards specifically permit lighting provided that the extent of light spill is consistent with AS4282 – Control of the obtrusive effects of outdoor lighting. This standard regulates the location of light sources, the extent of permitted illumination and manages potential offsite impacts. As such provided that lighting complies with this standard, it was not considered to be reasonable under the provisions of Section 79C of the Environmental Planning and Assessment Act, 197 that a site wide lighting prohibition be maintained. Through the Section 34 process experts agreed that, subject to compliance with this standard, and suitable certification of compliance with this standard, lighting would be reasonable noting specifically that crown land adjoins the access driveway which is used to service the truck turning area.

As a result Condition 21 was amended. The condition as amended retains a prohibition on flood lighting but permits retention of the light poles subject to certification from an appropriately qualified lighting engineer demonstrating that the requirements of the standards have been met. Where these standards are not met, Condition 21 is not complied with and appropriate action can then be taken.

Section 34 Agreement- Modified Conditions of Consent

Council resolved (at the Ordinary meeting on 18 April 2016) to agree to and thereby form the basis of the consent orders which were later endorsed by the Land and Environment Court.

Council has not yet received an application for the Occupation Certificate for the use of the shed or any other development on the site. Council has not received an application for a Construction Certificate for any other building works at the site.

Under the modified conditions of consent the use of the approved shed for the garaging of plant and trucks, and for the approved ancillary activities, is permitted for a trial period only. Council has not yet received an application for the Occupation Certificate for this trial period.

Further, Council has not received any of the following as required under the conditions of consent:

· Work-as-Executed Plans for ground levels,

· Erosion and sediment control measures for clearing of vegetation

· Detailed engineering plans and specifications

· S138 Roads Act applications for any works required in a public road

· Confirmation of employment of a Principal Certifying Authority to oversee the works on site

Based on the above information and a check of aerial images, it is clear that there has been no further development or work at the premises since the endorsement of the consent orders.

Council’s Compliance team will monitor the premises closely when development commences under the modified conditions of consent.

Conclusion

This has been an extremely difficult case that has been ongoing for over four years and will likely continue into the future. The owners of the property are particularly difficult to deal with and have caused significant tension with their neighbours. Hundreds of hours of resources have been allocated to investigating complaints and monitoring the trucks and activities on site. All illegal structures and activities have now been resolved through the Development Applications. The case is an example of how difficult compliance activities can be and the outcome often is a compromise based on the available evidence and legal negotiations.

RECOMMENDATION

That the information contained in the report on Compliance and Legal History relating to (No. 41-47) Jolly Street, Castlereagh 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

Company	Tendered Price (ex GST)	Address	Directors/ Shareholders
All Seasons Landscapes Pty Ltd	$130,461.00	P.O. Box 1279, Camden NSW, 2570	Warren J. Linden
Lamond Contracting Pty Ltd	$165,342.00	84 Wilton Road Wilton NSW, 2571	Philip Stephen Lamond
Citywide Services Solutions	$197,466.47	1B Sydney Street Road Marrickville NSW, 2044	John Brumby Janice van Reyk Peter Lamell Paul Hardy Andrea Waters Prue Willsford
Undercover Landscapes Pty Ltd	$198,389.90	6A Bannerman Road Kenthurst NSW, 2156	Paul Vale Julie Vale
Auscorp Construction Pty Ltd	$201,435.00	Unit 5/7 Butterfield Street Blacktown NSW, 2153	Jarod Smith

Street No	Lot	DP	Proposed works	Cost of works
155 Bringelly Road	10	247948	Provide turning bay within property	$2,200
157 Bringelly Road	11	247948	Provide turning bay within property	$2,200
159 Bringelly Road	12	247948	Provide turning bay within property	$2,200
161 Bringelly Road	13	247948	Provide turning bay within property	$2,800

Company	Tendered Price	Company Location	Directors
Street Furniture Australia Pty Ltd	$72,461	N6 Regents Park Estate, 391 Park Road, Regents Park NSW 2143 Australia	Darrel Conybeare/William Morrison
Community Assets & Infrastructure Pty Ltd	$2,963,474	10 Regent Street Chippendale NSW 2008 Australia	Sean Woellner/Scott Williams/Robert Matchett
J Group Corporation	$4,157,991	PO Box 7356, South Penrith NSW 2750 Australia	Spiros Apokis
Quality Management & Constructions Pty Ltd	$4,643,000	Suite 208 29-31 Lexington Drive, Bella Vista NSW 2153	Steven Commisso

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	Market the City through campaigns that build on its strengths and identity

1. ⇩	Copy of Caveat	1 Page	Appendix
2. ⇩	Withdrawal of Caveat	1 Page	Appendix
3. ⇩	Registered Deposited Plan	1 Page	Appendix
4. ⇩	Superseded Deposited Plan	1 Page	Appendix
5. ⇩	Locality Map	1 Page	Appendix

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

1. ⇩	Blaxland Crossing Reserve general works location	1 Page	Appendix
2. ⇩	Blaxland Crossing Reserve detailed works	1 Page	Appendix

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

Outcome	We care for our environment
Strategy	Minimise risks to our community form natural disasters
Service Activity	Provide a strategic framework to manage floodplains and inform land use policy

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Advocate for sport and recreation venues and services for the City