Council_Mark_POS_RGB

5 April 2017

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 10 April 2017 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 March 2017.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 3 April 2017.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE



 

ORDINARY MEETING

 

Monday 10 April 2017

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

Assistant General Manager Craig Butler


Executive Manager - Community Vicki O’Kelly

General Manager
Alan Stoneham

His Worship the Mayor Councillor John Thain



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Joshua Hoole

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GalleryNorth Ward

 

 

Clr Ross Fowler OAM

South Ward

 

 

Clr Kevin Crameri OAM

North Ward

Clr Karen McKeown

South Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Ben Price

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Executive Managers


 


Oath of Office

 

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Affirmation of Office

 

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

6

 

 

1v

 

 

 

 

4

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

(7.00pm)

23

27#+

 

Policy Review Committee

7.00pm

 

13

13

 

8

19

10

14

11

9

 

11

 

 

 

 

 

 

 

 

 

 

13

 

 

 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

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 27 MARCH 2017 AT 7:38PM

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 Jim Aitken OAM, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price.

 

 

APOLOGIES

55  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen that apologies be accepted for Councillors Bernard Bratusa and Joshua Hoole.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 February 2017

56  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 27 February 2017 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Significant in Item 8 - Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs as she is on the executive of one of the clubs that have applied for use of one of the ovals the subject of this report, and stated that she would vacate the meeting during consideration of this Item.

 

Councillor Ben Price declared a Non-Pecuniary Conflict of Interest – Not Significant in Item 1 - Event Sponsorship Proposal from Golf NSW - NSW Open Golf Championships 2017-2019 as he is a resident of the Twin Creeks area, which is the location of the golf course the subject of this report.

 


 

 

Mayoral Minutes

 

1        2017 ZEST Awards

Deputy Mayor, Councillor Tricia Hitchen spoke in support of the Mayoral Minute.                     

57  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia  Hitchen that the Mayoral Minute on 2017 ZEST Awards be received.

 

2        Six staff awarded Louise Petchell Sustainability Scholarships

Councillor Karen McKeown spoke in support of the Mayoral Minute.                                         

58  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the Mayoral Minute on Six staff awarded Louise Petchell Sustainability Scholarships be received.

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 1 March 2017                                                                      

59  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 1 March, 2017 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 6 March 2017                                                                                                                         

60  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 March, 2017 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 13 March 2017                                                                                                                         

61  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 March, 2017 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Event Sponsorship Proposal from Golf NSW - NSW Open Golf Championships 2017-2019                                                                                                                           

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

That:

1.      The information contained in the report on Event Sponsorship Proposal from Golf NSW - NSW Open Golf Championships 2017-2019 be received

2.      Council allocate funding to this event for three years as outlined in this report, subject to Council’s outcomes being met from each year’s event.

 

Outcome 2 - We plan for our future growth

 

2        Draft West District Plan - Council's Submission                                                           

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

That:

1.     The information contained in the report on Draft West District Plan - Council's Submission be received

2.     Council endorse the preferred priorities contained in this report, the key issues and proposed responses contained in this report and the proposed comments on the priorities and actions contained in Attachment 2 to this report, as the basis for a final submission to the Greater Sydney Commission.

3.     Council’s final submission be forwarded to the Greater Sydney Commission by 31 March 2017 and a copy be forwarded to all Councillors.

 

3        Western Sydney Airport - Communications Strategy on Draft Airport Plan and EIS Exhibition                                                                                                                           

Councillor Kevin Crameri OAM addressd the meeting on this Item.

His Worship the Mayor, Councillor John Thain then declared a five minute recess, vacated the Chair and left the meeting, the time being 8:11 pm.

Councillors Tricia Hitchen, Todd Carney, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price also left the meeting the time being 8:11pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:15pm.

Councillor Karen McKeown returned to the meeting, the time being 8:16pm.

Councillors Aaron Duke, Tricia Hitchen, Todd Carney, Greg Davies, Mark Davies, Ross Fowler OAM, Kath Presdee and Ben Price returned to the meeting, the time being 8:17pm.

His Worship the Mayor, Councillor John Thain returned to the meeting and took the Chair, and resumed the meeting, the time being 8:18pm.

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

That:

1.    The information contained in the report on Western Sydney Airport - Communications Strategy on Draft Airport Plan and EIS Exhibition be received.

 

2.    Council write to the Department of Infrastructure and Regional Development requesting a public forum be held which will provide the information that has been previously provided to Council at a Councillor Briefing.

 

 

 

Outcome 3 - We can get around the City

 

4        Works on Private Land to enable Tree Removal for Shared-use Path in Maxwell Street, South Penrith - Section 67 Local Government Act 1993                                  

65  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Works on Private Land to enable Tree Removal for Shared-use Path in Maxwell Street, South Penrith - Section 67 Local Government Act 1993  be received

2.     Council agrees to the works to be undertaken on private property and that no charges be applied to the owners of No 41 Maxwell Street, South Penrith for the removal of the Grevillea robusta (Silky Oak) as part of the “NSW Safer Roads Program – Cycling Safety Project”.

3.     The owners of No 41 Maxwell Street, South Penrith be advised of Council’s resolution.

 

5        Works on Private Land to enable Shrub Removal, Sign and Linemarking Installation for Shared-use Path in Jane Street, Penrith - Section 67 Local Government Act 1993                                                                                                       

66  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Works on Private Land to enable Shrub Removal, Sign and Linemarking Installation for Shared-use Path in Jane Street, Penrith - Section 67 Local Government Act 1993 be received.

2.     Council agrees to the works to be undertaken on private land and that no charges be applied to Westfield Penrith (owners of 569-595 High Street, Penrith) for the removal of the shrubs and installation of signs and lines as part of Stage 1 Jane Street Penrith Shared-use Path Project, NSW “Active Transport Program”.

3.     Westfield Penrith be advised of Council’s resolution.

 

Outcome 4 - We have safe, vibrant places

 

6        Metropolitan Greenspace Program Grant Applications                                               

67  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Metropolitan Greenspace Program Grant Applications be received

2.     Council endorse applications for funding under the 2017 round of the Metropolitan Greenspace Program, for ‘Our River – Shared Path Tench Reserve’, ‘South Creek Recreation Corridor Planning’ and ‘Sports Fields Shade Trees’.

 

 

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

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 8 -Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs, Councillor Kath Presdee left the meeting, the time being 8:49pm.

 

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

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

That:

1.     The information contained in the report on Don Bosco Youth and Recreation Centre St Marys - Funding Contract be received.

2.     Council endorse the signing of a five-year funding contract with the Don Bosco Centre as outlined in this report providing an annual contribution of $33,200 per year from 2016 - 17 to 2020 - 21.

 

 

8        Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs  

69  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Kevin Crameri OAM

That:

1.      The information contained in the report on Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs be received

 

2.      Allocation for use of the Village Oval and Northern Road Oval be as follows:

Venue / Season

Recommend Hirer

Days of the week

Village Oval

 

 

Summer

Penrith Junior Cricket Association

Friday, Saturday and Sunday

 

Nepean Oztag Association

Mondays and Wednesday

 

Nepean Football Association  - Jordan Springs Football Club

Tuesday and Thursday

Winter

Nepean Football Association - Jordan Springs Football Club

Tuesday to Sunday

Northern Road Oval

 

 

Summer

Penrith City RSL Junior Rugby Union Club

Tuesday to Thursday for junior programs

Winter

Nepean Football Association - Penrith Dragons

Tuesday, Wednesday, Thursday & Saturday

 

3.     Penrith District Netball Association be allocated use of the netball court at

The Village Oval, Jordan Springs.

 

Councillor Kath Presdee returned to the meeting, the time being 8:50pm.

 

Outcome 7 - We have confidence in our Council

 

9        Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at known as 1042 The Northern Road Llandilo (known as Lot 10 DP 802822)                                                                                           

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

That:

1.     The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at known as 1042 The Northern Road Llandilo (known as Lot 10 DP 802822)  be received

2.     Council grant a twelve-month Licence Agreement to RMS as set out in this report.

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

4.     A report be presented to the next Ordinary Meeting of Council providing the following information:

·         clarifying if hazardous material has in fact been found on the site;

·         time constraints upon RMS for any necessary remediation works to be completed before the site can be used as a roadworks compound; and

·         what the final use of the compound site will be when the roadworks have been completed and if the site can then be used by the Rural Fire Service.

 

10      Local Traffic Committee                                                                                                   

71  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Todd Carney that the information contained in the report on Local Traffic Committee be received.

 

11      2017 Australian Local Government Women's Association NSW Annual State Conference                                                                                                                         

72  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke

That:

1.     The information contained in the report on 2017 Australian Local Government Women's Association NSW Annual State Conference  be received

2.     Council’s delegates to attend ALGWA’s NSW Annual State Conference, to be held in Penrith from Thursday 4 May to Saturday 6 May 2017, be Councillors Tricia Hitchen, Karen McKeown, Kath Presdee, John Thain and any other interested and available Councillors.

 

12      Audit Committee                                                                                                                

73  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the information contained in the report on Audit Committee be received.

 

13      Conduct of the 2016 Local Government Election

Councillor Todd Carney left the meeting, the time being 9:07pm.

Councillor Todd Carney returned to the meeting, the time being 9:08pm.                                  

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

That:

1.     The information contained in the report on Conduct of the 2016 Local Government Election be received

2.     Council write to the Minister for Local Government providing the Council’s report as required and attached to this report in accordance with Section 393A(2) of the Local Government (General) Regulation.

3.     Council congratulate the Returning Officer and staff of the Australian Election Company for the exemplary way they conducted the 2016 Local Government Election.

4.     Council officers investigate practices to increase awareness of Local Government elections.

 

14      2017 Australian Local Government Association (ALGA) National General Assembly                                                                                                                                              

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

That:

1.     The information contained in the report on 2017 Australian Local Government Association (ALGA) National General Assembly  be received

2.     His Worship the Mayor, Councillor John Thain be Council’s voting delegate for the 2017 National General Assembly of Local Government.

3.     Deputy Mayor, Councillor Tricia Hitchen and Councillors Ross Fowler OAM, Jim Aitken OAM and Marcus Cornish, as well as any other interested and available Councillors, attend as observers at the 2017 National General Assembly of Local Government.

4.     Leave of Absence be granted to all Councillors attending the 2017 National General Assembly of Local Government to be held in Canberra from 18-21 June 2017.

5.     A further report be prepared to the next Ordinary Council meeting outlining draft motions (if received) to submit to the National General Assembly. 

 

 

 

 

 

 

 

15      Summary of Investments & Banking for the period 1 February to 28 February 2017                                                                                                                                             

76  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2017 be received

2.     The certificate of the Responsible Accounting Officer and Summaries of Investment and Performance for the period 1 February 2017 to 28 February 2017 be noted and accepted.

3.     The graphical investment analysis as at 28 February 2017 be noted.

 

Councillor Mark Davies left the meeting at 9:14pm and did not return.

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Truck Layby at The Ponderosa  

Councillor Kevin Crameri OAM requested that RMS be approached to address the issue of the gates at The Ponderosa being reopened so that it may be used as a truck layby and that a layby be provided on The Northern Road when road widening works are being carried out.

 

RR 2           Penrith City Council Tree Policy

Councillor Kevin Crameri OAM requested that a report be presented to Council after a review of Council’s Tree Policy with regard to the possibility of large stand alone trees in the Penrith Local Government Area being removed as they are a hazard to power lines and houses when they fall.

 

RR 3           Penrith Lakes Scheme       

Councillor Kevin Crameri OAM requested a memo reply providing details of what hours of work are currently in operation at the Penrith Lakes Scheme and also identifying the Directors of Penrith Lakes Development Corporation, as well as contractors working at the site.

 

RR 4           Water drainage issues - Xavier College, Llandilo 

Councillor Kevin Crameri OAM requested a memo reply concerning the issue of inadequate road drainage in the vicinity of Xavier College in Ninth Avenue, Llandilo.

 

UB 1           Proposed Waste-to-Energy Facility - Eastern Creek     

Councillor Todd Carney requested that Council write to The Hon Penny Sharpe MLC, Shadow Minister for the Environment and Heritage, in support of her call for a parliamentary inquiry into waste-to-energy incinerator facilities in New South Wales.

77  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

78  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke that Council write to The Hon Penny Sharpe MLC, Shadow Minister for the Environment and Heritage, in support of her call for a parliamentary inquiry into waste-to-energy incinerator facilities in New South Wales.

 

RR 5           Parking issues in St Marys

Councillor Todd Carney requested  a report to Council addressing the lack of parking in St Marys, in particular the lack of sufficient commuter car parking in the vicinity of the railway station, as well as the area behind Queen Street, with the report to focus on short term solutions. Councillor Todd Carney also requested that a letter be written to the Minister for Transport requesting improvement to the commuter parking facility by the provision of new spaces.

 

UB 2           Penrith Community Kitchen       

Councillor Tricia  Hitchen requested that $600 from each Ward’s voted works be allocated to the purchase and installation of a new dishwasher for the Penrith Community Kitchen.

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

 

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

 

80  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Jim Aitken OAM that $600 from each Ward’s voted works be allocated to the purchase and installation of a new dishwasher for the Penrith Community Kitchen.

 

UB 3           Memorial at Lighthorse Interchange on M4 Motorway  

Councillor Marcus Cornish requested that Council write to the Federal Members for Lindsay and Chifley and to the Prime Minister’s Office, requesting a more suitable memorial, for example bronze statues of soldiers on horseback, be placed at the Lighthorse Interchange on the M4 Motorway at each approach to the Interchange.

 

81  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

82  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that Council write to the Federal Members for Lindsay and Chifley and to the Prime Minister’s Office, requesting a more suitable memorial, for example bronze statues of soldiers on horseback, be placed at the Lighthorse Interchange on the M4 Motorway at each approach to the Interchange.

 

RR 6           Development Application for School - Henry Street, Penrith

Councillor Marcus Cornish requested that a public meeting be held to inform local residents about the development application for a school at Henry Street, Penrith at a time and place that is suitable for local residents to attend.

 

Committee of the Whole

 

Councillor Marcus Cornish left the meeting at 9:39pm and did not return.

 

Councillor Tricia Hitchen left the meeting, the time being 9:39pm.

 

Councillor Tricia Hitchen returned to the meeting, the time being 9:39pm.

 

83  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor   Aaron Duke that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:39pm.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392                                                                              

 

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.

 

3        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road                                                                            

 

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

 

 

Outcome 1

 

4        Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith                                                            

 

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

 

 

Outcome 7

 

5        Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith                              

 

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

 

6        Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park                                                                                

 

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

 

 

7        Code of Conduct Matter – Distribution of Confidential Information

 

This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:58pm and the General Manager reported that the Committee of the Whole met at 9:39pm on 27 March 2017, the following being present

 

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

 

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

 

CONFIDENTIAL BUSINESS

 

2        Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392                                                                  

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

CW2 That:

1.     The information contained in the report on Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392 be received.

2.     Council grant two separate five (5) year Licence Agreements to Depagi Pty Ltd and Bennett Cruising as per the terms and conditions listed in this report.

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

 

 

3        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road                                                                            

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

CW3 That:

1.     The information contained in the report on Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road be received.

2.     Council provide concurrence for the compulsory acquisition, subject to the rights of appeal under the Land Acquisition (Just Terms Compensation) Act 1991.

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

 

4        Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith                                                            

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

CW4 That:

1.     The information contained in the report on Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith be received

2.     Council approve the proposed new lease agreement as detailed in the report.

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

 

5        Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith                              

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

CW5 That:

1.     The information contained in the report on Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith be received

2.     Council approve the proposed new licence agreement as detailed in the report.

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

 

 

 

 

 

 

6        Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park                                                                                

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

CW6 That:

1.     The information contained in the report on Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park be received

2.     Council approve the proposed new lease agreement as detailed in the report.

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

 

7        Code of Conduct Matter – Distribution of Confidential Information        

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke

CW7  That the information contained in the report on Code of Conduct Matter – Distribution of Confidential Information be received.

 

 

ADOPTION OF Committee of the Whole

 

84  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Price that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

 

 There being no further business the Chairperson declared the meeting closed the time being 9:59pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·  Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 April 2017                                                                                                                                              1

 

 

 



Ordinary Meeting                                                                                                   10 April 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 April, 2017

 

 

 

PRESENT

Councillor Karen McKeown (Council Representative), Councillor Aaron Duke (Representative for the Member for Londonderry), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC. 

IN ATTENDANCE

Councillor Marcus Cornish, Shah Kshitij – Roads and Maritime Services, Steve Grady – Busways, Nick Veljanovski – Transit Systems NSW, David Zaher – Transit Systems NSW, Adam Wilkinson -  Engineering Services Manager, 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 Linemarking Officer, Steve Purvis, Senior Ranger. 

 

APOLOGIES

Deputy Mayor, Councillor Tricia Hitchen, Stephen Page – St Marys Police LAC.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 March 2017

Laura Van Putten – Roads and Maritime Services requested that a copy of the plan showing the bus turning paths at the intersection of Andrews Road and Laycock Street, Cranebrook (presented at the 6 March 2017 LTC meeting) be sent to the RMS.

 

Adam Wilkinson – Engineering Services Manager advised the RMS that a copy of the plan showing the bus turning paths will be emailed to the RMS immediately after the meeting.

 

The minutes of the Local Traffic Committee Meeting of 6 March 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Radar Speed Message Trailer - January to March 2017 Quarter                                 

Matthew Shirvington of Penrith Police LAC requested that the VMS trailer displaying 40km/hr be situated at a suitable location on the western side of the Penrith CBD, to alert drivers of the posted speed limit within the High Pedestrian Activity Area (HPAA).

Catherine Waerner – Road Safety Officer advised the Committee that she has made note of the request and will discuss suitable locations with Matthew Shirvington after the meeting.

RECOMMENDED

That:

1.    The information contained in the report on Radar Speed Message Trailer - January to March 2017 Quarter be received.

2.    The locations of the Radar Speed Message Trailer for the January to March 2017 Quarter be noted.

 

2        Warwick Street, Penrith - Installation of Double Barrier (BB) Linemarking               

RECOMMENDED

That:

1.    The information contained in the report on Warwick Street, Penrith - Installation of Double Barrier (BB) Linemarking be received.

2.    Double Barrier (BB) linemarking be installed for 10 metres on Warwick Street, at the intersection with Jamison Road, Penrith (as shown on Appendix 1).

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

 

3        Jane Street, Penrith - Endorsement of Design Plan for Shared-Use Path and associated Signage and Linemarking                                                                            

Steve Grady of Busways advised the Committee that there is a bus stop located before the Westfield’s loading dock driveway (to the east) that has been recently signposted. Steve Grady enquired if this bus stop was taken into account with regards to the planning stage of the proposed signage and linemarking on Jane Street, Penrith. Mr Grady advised of the minimal use of this bus stop and considered it likely that it is now redundant.

Ruth Byrnes – Senior Traffic Officer advised the Committee that she will undertake dialogue with Council’s designers and will clarify if the bus stop and necessary bus clearances were taken into account and will amend the Design Plans if necessary.

RECOMMENDED

That:

1.    The information contained in the report on Jane Street, Penrith - Endorsement of Design Plan for Shared-Use Path and associated Signage and Linemarking  be received.

2.    Council’s Design Plan AJ90, dated 19/12/16, Sheets 1-4, Revision A be endorsed for construction (as shown in Appendix 1).

3.    All path construction, associated signage and linemarking be installed in accordance with Austroads “Cycling Aspects of Austroads Guides”, RMS “Bicycle Guidelines”.

4.    All costs associated with the works be funded by the NSW “Active Transport Program”.

5.    Westfield Penrith be advised of Council’s resolution.

 

4        Borrowdale Way, Cranebrook - Proposed 'No Parking Australia Post Vehicles Excepted' Signage in Existing 'Bus Zone' and 'No Stopping' Signage                      

Councillor Marcus Cornish suggested to the Committee about the possibility of the Australia Post Box being positioned in the bus zone as opposed to installing ‘No Parking Australia Post Vehicles Excepted’ signs. Councillor Marcus Cornish also suggested relocating the Australia Post Box in the Cranebrook Shopping Centre Carpark. 

Adam Wilkinson – Engineering Services Manager advised the Committee that similar suggestions were made at the previous LTC meeting on 6 March 2017 and these suggestions were considered as part of the deferment of this report from the previous meeting.

Adam Wilkinson advised the Committee that the proposed location for the Australia Post Box on Borrowdale Way, Cranebrook and  'No Parking Australia Post Vehicles Excepted' signage adjacent to the existing 'Bus Zone' on Borrowdale Way is the most appropriate arrangement in order to service the Australia Post Box.

RECOMMENDED

That:

1.    The information contained in the report on Borrowdale Way, Cranebrook - Proposed 'No Parking Australia Post Vehicles Excepted' Signage in Existing 'Bus Zone' and 'No Stopping' Signage be received.

2.    The existing “Bus Zone” in Borrowdale Way, Cranebrook be adjusted to allow 6m of “No Parking Australia Post Vehicles Excepted” as shown in Appendix 1.

3.    “No Stopping” be provided along Laycock Street, Cranebrook as shown in Appendix 1.

4.    Australia Post and Busways be advised of the proposed changes.

 

5        Tindale Street, Penrith - Proposed "No Stopping" Signage                                        

Matthew Shirvington of Penrith Police LAC suggested to the Committee that ‘No Parking’ signs be installed instead of the proposed ‘No Stopping’ signs in order to assist drivers wanting to drop off and pick up patrons visiting the adjoining businesses. Shah Kshitij of the Roads and Maritime Services supported Matthew Shirvington’s suggestion.

David Drozd advised the Committee that in principle, Council does not encourage the drop off/pick up of pedestrians at a driveway, due to a potential for conflict and pedestrian safety issues. However, Council will trial the proposed ‘No Parking’ signage and will monitor the situation including pedestrian movements and the operation of the parking restrictions.

RECOMMENDED

That:

1.    The information contained in the report on Tindale Street, Penrith - Proposed "No Stopping" Signage be received.

2.    The amended appendix showing “No Parking” signage (replacing the proposed “No Stopping” signage) be installed across the driveway at 11 Tindale Street, Penrith.

 

6        Forrester and Boronia Roads, North St Marys - Relocation of Existing "Bus Stop" and Extension to "No Stopping" Zone                                                                           

RECOMMENDED

That:

1.    The information contained in the report on Forrester and Boronia Roads, North St Marys - Relocation of Existing "Bus Stop" and Extension to "No Stopping" Zone be received.

2.    The existing “Bus Stop” at the boundary between McDonalds Restaurant and No 199 Forrester Road, North St Marys be relocated to outside No 195 Forrester Road, North St Marys.

3.    Sign plan by Richmond and Ross Consulting Engineers, dated December 2015 for “No Stopping” zones (R5-400) in Forrester Road and Boronia Road, North St Marys be endorsed. 

4.    All signs are to be relocated and installed at the applicant’s cost.

5.    Busways, Council’s Rangers and the applicant be advised of Council’s resolution.

 

7        East Wilchard Road, Castlereagh - Proposed Parking Signage                                  

Nick Veljanovski of Transit Systems NSW enquired about the requirements around mini busses and ‘people movers’ wanting to stop in bus zones.

Steve Grady of Busways confirmed that a mini bus or a ‘people mover’ is authorised to stop in a bus zone if the vehicle meets the RMS standards and is registered as a bus. 

Matthew Shirvington of Penrith Police LAC suggested installing ‘No Stopping’ signs on the inside bend of the grassed central island. Matthew Shirvington also suggested extending the proposed ‘No Stopping 8.00am – 4.00pm school days’ on the western end of the proposed 43 metres ‘No Stopping’ zone opposite the bus bay on the northern side of East Wilchard Road, as well as installing a repeater ‘No Stopping 8.00am – 4.00pm school days’ sign within the 43 metres ‘No Stopping’ zone.

RECOMMENDED

That:

1.    The information contained in the report on East Wilchard Road, Castlereagh - Proposed Parking Signage be received.

2.    A ‘Bus Zone 8.00am – 4.00pm school days’ of 41 metres be installed within the bus bay at The Lakes Christian School on East Wilchard Road as shown in Appendix 1.

3.    A ‘No Stopping 8.00am – 4.00pm school days’ zone be installed on the southern kerb as well as on the inside kerb of the grassed central island on East Wilchard Road between the bus bay entrance and exit as shown in the amended Appendix 1.

4.    A ‘No Stopping 8.00am – 4.00pm school days’ zone of 50 metres be installed opposite the bus bay on the northern side of East Wilchard Road as shown on the amended Appendix 1, including a repeating ‘No Stopping 8.00am – 4.00pm school days’ sign within the 50 metres.

5.    Permanent ‘No Stopping’ zones be installed either side of the proposed Bus Zone for the statutory 10 metres.

6.    The Lakes Christian College and Busways be informed.

 

8        Grays Lane, Cranebrook - Proposed Changes to Pedestrian Facilities                     

Councillor Marcus Cornish advised the Committee of concerns about the difficulty for drivers in recognising pedestrian and children’s crossings when they are not signposted or flagged.

David Drozd advised the Committee that Council is reviewing the levelled crossings in the Penrith LGA, particularly around schools and advised that Council is moving towards converting the levelled crossings into combined children and pedestrian raised crossings along with the associated signage and crossing flags. 

RECOMMENDED

That:

1.    The information contained in the report on Grays Lane, Cranebrook - Proposed Changes to Pedestrian Facilities be received.

2.    A lighting assessment be undertaken with an integrated lighting strategy proposed, in order to ensure lighting is provided before crossing markings are installed.

3.    The existing raised threshold pedestrian crossing on Grays Lane be converted to a full time combined children and pedestrian raised crossing, and the time restrictions be removed from the ‘No Stopping’ zones associated with the crossing, subject to consultation with the affected residents and upgraded lighting being in place.

4.     A signage and linemarking plan be prepared and brought back to the Local Traffic Committee meeting for concurrence.

5.     The resident who contacted Council, affected residents and Henry Fulton Public School be informed.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL

 

GENERAL BUSINESS

 

GB 1           Caddens Road Closure, Caddens - Status Update and Next Steps in Road Closure Process                 

The purpose of this report is to inform Council of the status of the proposal to permanently close the section of Caddens Road between O’Connell Lane and Mariposa Circuit for through traffic. The report recommends that Council note the information.

 

Background

The matter to permanently close the section of Caddens Road between O’Connell Lane and Mariposa Circuit for through traffic, was reported to Council’s Local Traffic Committee, at its meeting on 5 December 2016 where a report regarding “Caddens Road, Caddens – Traffic Management Plan supporting changes to Road Pattern” was considered. 

 

At its Ordinary Meeting on 19 December 2016, Council resolved, on the recommendation of the Committee, that:

 

1.         The information contained in the report on Caddens Road, Caddens - Traffic Management Plan supporting changes to Road Pattern be received.

 

2.         The Traffic Management Plan be endorsed subject to concurrence with relevant authorities including Roads and Maritime Services, Transport for NSW, Busways and Emergency Services.

 

3.         Council enter negotiations with Landcom regarding the facilitation of the permanent partial road closure and decommissioning of existing pavement between Mariposa Circuit and O’Connell Lane.

 

4.         A comprehensive communications package be put forward to the community regarding the proposed changes to the road network.

 

Subsequently letters went out to 670 residents of the Caddens and Orchard Hills precinct on 23 February 2017 and two newspaper advertisements were presented in the Western Weekender on Thursday 9 March 2017 and Thursday 16 March 2017. Relevant service authorities have now provided their concurrence to the closure and the official consultation period has closed.

 

Current Situation

During the consultation process with the community as described in the background of this report, Council advised the community that as part of the adopted 2008 Masterplan for the release area, Penrith City Council, in partnership with UrbanGrowth NSW, now proposes to permanently close the section of Caddens Road between O’Connell Lane and Mariposa Circuit for through traffic. This is the first in a series of three road closures to be implemented on the existing Caddens Road alignment.

 

Community Consultation

 

Council received 15 formal objections to the road closure as a result 670 residents of the Caddens and Orchard Hills precinct being advised on 23 February 2017 and two newspaper advertisements being presented in the Western Weekender on the Thursday 9 March 2017 and Thursday 16 March 2017.

We are aware that an online petition through the Change.Org portal was also started, gathering some 180 subscribers. This petition has not been formally presented to Council. It is argued however, that whilst the subscribers were numerous, the addresses of subscribers could not be traced and the official catchment of Orchard Hills and Caddens estates was exceeded.

 

The main substance of the objections were the increase of traffic along a windy road with planting and parked cars (Cadda Ridge Drive), the fact that children play near the road, and the request to Council to upgrade Caddens Road to a standard that can carry extra traffic.

 

Council responded to the concerns of residents indicating that the planning for the Caddens release area was undertaken several years ago and identified Caddens Road as a minor Rural road, with Cadda Ridge Drive as the main Collector road through this precinct.

 

Cadda Ridge Drive has been purpose built as a major collector, and will form the main road function once additional stages of the Caddens area are realised. The future growth of this road corridor has been planned for in line with planning and traffic engineering instruments and road capacities are adequate to allow for this future growth.

 

It was also stressed that in light of the existing safety problems along Caddens Road including poor vertical alignment, identified safety issues exist with respect to sight distances at the crests, and the cost of upgrade of Caddens road being untenable for Council, the closure in three places is proposed to be undertaken.

 

Conclusion

 

In accordance with the Masterplan for this precinct, it is now proposed to close Caddens Road to through traffic in three sections, but retain access for cyclists and pedestrians in section of Caddens Road between O’Connell Lane and Mariposa Circuit, as this forms part of a circular walking and cycling loop. Council will continue negotiations with Landcom regarding the facilitation of the permanent partial road closure and decommissioning of existing pavement between Mariposa Circuit and O’Connell Lane. In addition, a notice will be placed in the Western Weekender once the exact date of the closure is known, to advise the community.

________________________________________________________________________

 

Councillor Karen McKeown (Council Representative) and Councillor Aaron Duke (Representative for the Member for Londonderry) advised the Committee that they do not support this permanent road closure.

 

Adam Wilkinson – Engineering Services Manager and David Drozd – Traffic Engineering Coordinator stressed that the Local Traffic Committee only has delegation to assist in the road closure process and public consultation process, and that the Caddens Road closure is a broader strategic planning matter that Council has previously endorsed. David Drozd acknowledged that St Marys Police had provided support to the proposed closure.

 

Councillor Aaron Duke (Representative for the Member for Londonderry) and Shah Kshitij of Roads and Maritime Services requested a copy of the endorsed Master Plan to be emailed to them.

 

RMS committed to confirm their decision via email advice soon after receiving the additional information requested.

 

RECOMMENDED

 

2 Against, 1 For, 1 Deferral.

         

That:

1.    The information contained in the report on GB1. Caddens Road Closure be received.

2.    Council continue negotiations with Landcom regarding the facilitation of the permanent partial road closure and decommissioning of existing pavement between Mariposa Circuit and O’Connell Lane.

3.    A notice is placed in the Western Weekender once the exact date of the closure is known, to advise the community of the timing of the permanent closure.

4.    Council note the information.

 

GB 2           Mulgoa Road and Jamison Road, Penrith - Proposed   Dedicated 'Left Turn Only' Lane                  

Steve Grady of Busways advised the Committee of road safety concerns in relation to  potential traffic accidents and ‘near misses’ occurring on Mulgoa Road, Penrith at its intersection with Jamison Road.  Steve Grady proposed that the north bound left-hand kerb side lane be dedicated as a ‘Left Turn Only’ lane.

Adam Wilkinson – Engineering Services Manager advised Busways that Mulgoa Road, Penrith is a State Road under the control and management of the RMS.

RECOMMENDED

          That Council write to the RMS requesting that a review be undertaken of the         traffic flow travelling along the multiple lanes on Mulgoa Road, Penrith at its         intersection with Jamison Road, and consider the merits of making the left-hand      kerbside lane a ‘Left Turn Only’ lane.

 

GB 3           Mulgoa Road, Penrith - Traffic Lights Fronting the Masters   Complex   

Councillor Karen McKeown enquired about the traffic lights fronting the previous Masters Complex located on Mulgoa Road, Penrith and if a response had been received from the RMS.

David Drozd advised Councillor Karen McKeown that a request was sent to the RMS to undertake a review of the traffic lights fronting the Masters complex on Mulgoa Road and that the phasing of the traffic lights be adjusted to give priority to vehicles travelling along Mulgoa Road, Penrith.

David Drozd also advised that a response has not yet been received from the RMS.

RECOMMENDED

          That:

1.   Council send a follow-up letter to the RMS requesting an update of their investigations and review of the traffic lights fronting the Masters complex on Mulgoa Road, with regards to the phasing of the traffic lights being adjusted to give priority to vehicles travelling along Mulgoa Road, Penrith.

2.   Councillor Karen McKeown be advised of the RMS findings.

 

GB 4           Old Bathurst Road and Russell Street, Emu Heights -   Pedestrian                    Facilities            

Councillor Karen McKeown advised the Committee of concerns raised by residents about the difficulty of pedestrians trying to find an opportunity to safely cross Old Bathurst Road and Russell Street, Emu Heights, particularly near the McDonald’s restaurant.

Councillor Karen McKeown requested that an investigation be undertaken in providing pedestrian facilities on Old Bathurst Road and Russell Street, Emu Heights to assist pedestrians in safely crossing these roads, particularly near the McDonald’s restaurant.

RECOMMENDED

          That:

1.   Council’s Traffic Engineers review pedestrian movements on Old Bathurst Road and Russell Street, Emu Heights and investigate options into providing pedestrian facilities.

2.   Councillor Karen McKeown be advised of the findings.

 

GB 5           Thornton Drive and Combewood Avenue, Penrith - Request for    Review of Intersection and Sight Distances         

Councillor Aaron Duke (Representative for the Member for Londonderry) enquired if there were any upgrade works or a roundabout planned at the intersection of Thornton Drive and Combewood Avenue, Penrith. Councillor Aaron Duke further advised the Committee of concerns about an advertising trailer and numerous vehicles parked near this intersection that are obstructing  drivers sight lines.

 

 

RECOMMENDED

          That:

1.   Council’s Traffic Engineers review the priority treatments and sight distances at the intersection of Thornton Drive and Combewood Avenue, Penrith and review options into improving drivers sight lines. 

2.   Councillor Aaron Duke (Representative for the Member for Londonderry) be advised of the findings.

 

There being no further business the Chairperson declared the meeting closed the time being 10:35am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 April, 2017 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Fire and Rescue NSW Safety Report                                                                                1

 

2        Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith Applicant: Aadhar Developers Pty Ltd;  Owner: ~Md Shahin Khan & Shahnawaz Khan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  5

 

3        Development Application DA16/0330 Demolition of Existing garage and carport and alterations and additions to the existing dwelling Lot 10 DP 1014266 (No. 5) Riverbank Drive, Emu Heights Applicant: River Gum Constructions;  Owner: ~Tristan De Haan and Beverley De Haan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                22

 

4        Proposed Reclassification of Public Land in the City Centre (Union Road and Welch Place Car Parks)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                31

 

5        Submission on NSW Government's Planning Legislation Updates                                39

 

 

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

 

6        Multicultural Working Party - Appointment of Community Members 2017-2019            53

 

7        Transportable Sheds and Ablutions Blocks for People who are Homeless                    56

 

 

Outcome 7 - We have confidence in our Council

 

8        Status on the Recovery of Council’s Legal Costs from Penrith Action Group Inc          65

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Fire and Rescue NSW Safety Report                                                                                1

 

2        Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith Applicant: Aadhar Developers Pty Ltd;  Owner: ~Md Shahin Khan & Shahnawaz Khan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  5

 

3        Development Application DA16/0330 Demolition of Existing garage and carport and alterations and additions to the existing dwelling Lot 10 DP 1014266 (No. 5) Riverbank Drive, Emu Heights Applicant: River Gum Constructions;  Owner: ~Tristan De Haan and Beverley De Haan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                22

 

4        Proposed Reclassification of Public Land in the City Centre (Union Road and Welch Place Car Parks)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                31

 

5        Submission on NSW Government's Planning Legislation Updates                                39

 

 

 



Ordinary Meeting                                                                                                   10 April 2017

 

 

 

1

Fire and Rescue NSW Safety Report   

 

Compiled by:               Craig Squires, Acting Building Compliance Coordinator

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

      

 

Executive Summary

Council is in receipt of reports from Fire and Rescue NSW (FRNSW) concerning fire safety issues at properties in the Penrith Local Government Area.  FRNSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected following a complaint received.  Details of the complainants were not provided.

 

Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection by Fire and Rescue NSW to be reported to Council.

 

Most of the issues raised by FRNSW were of a minor nature and some had already been addressed prior to Council Officers inspecting the premises.  Other issues may take longer to resolve and this could result in the issue of Fire Safety Orders.

 

This report recommends Council continue to monitor these premises as part of its Fire Safety Audit Program and essential fire safety measures be maintained in the buildings through Fire Safety Orders if required. It is also recommended that Council advise FRNSW of its’ decision.

Statutory Process

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act 1979 (the Act).  This report relates to such a circumstance where FRNSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, FRNSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When a Council receives advice from FRNSW that they have inspected a premises under Section 118L of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to issue an Order to rectify the situation.  Council must also give notice of its’ determination to the Commissioner of FRNSW.


 

The details of FRNSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

Caravan Park – 2 Alwyn Avenue, Wallacia

 

Occupant in the caravan park continues to park boats in front of fire hydrant, same occupant litters cigarette butts on dry lawns.

Council Officers inspected the site. There was no evidence of any vehicles parked in front of hydrants, nor was there evidence of cigarette butts being disposed of inappropriately. The site Manager advised that although matters raised in the complaint were not evidenced, he had an obligation as the manager of the site to ensure that hydrants are kept clear and accessible at all times. No further action unless further complaint received.

Residential Flat Building – 34-38 Albert Street, Werrington

 

An inspection conducted by FRNSW officers revealed the following issues: block plan not provided; various issues with the fire hydrant system, sprinkler system, exit signs and fire hose reels; various issues regarding egress; issues relating to fire doors and compartmentation of the building.

 

Council Officers inspected the premises and found the complaint to be justified. A Notice of Intention has been served on the owners to have the non-compliances rectified.

 

Factory Unit – 32 David Road, Emu Plains

Joint inspection undertaken on fire damaged premises with representatives of FRNSW.

Premises inspected, damage minimal considering the number of brigades who attended (6th alarm response). Issues identified include access to the hydrant booster and minor issues regarding exits. A report has been prepared by FRNSW and sent to Council with recommendations. The building is currently being repaired based on the recommendations of this report and Council Officers will reinspect once complete.

Commercial Building - 233 Mulgoa Road, Jamisontown

 

FRNSW received a complaint regarding locked fire exits. After investigating the complaint FRNSW officers found that several doors were locked in non-compliant locks, the path of travel to an exit from one tenancy is unclear and the onsite hydrant requires upgrading.

 

Council Officers inspected the premises and found the complaint to be justified. A Notice of Intention has been served on the owners to have the non-compliances rectified.

 

Shopping Centre – 585 High Street, Penrith

FRNSW received a complaint regarding a blocked fire corridor and emergency lights not working. After investigating the complaint FRNSW officers found that the corridor was obstructed by various items including furniture and shop fittings. The inspection also revealed that exit signage was installed at a height of 6m which is non-compliant with AS2293-2005. FRNSW also expressed concern regarding the ability of the final exit into the loading dock to meet the needs of the 6 exits doors leading into the fire corridor.

 

Council Officers inspected the premises and found that issues relating to the blocked fire corridor had been rectified. The issues relating to the height of exit signs and FRNSW concerns about width of exits have been investigated and a Notice has been issued.

 

Commercial Building – 13-23 Pattys Place, Jamisontown.

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: various block plans not installed, incorrectly labelled and installed inside sprinkler booster contrary to installation requirements, inadequate clearance around feed hydrant at booster, alterations required to fire control room.

 

A Notice of Intention has been served to rectify issues as outlined by FRNSW.

 

Conclusion

All fire safety issues identified by the Fire and Rescue NSW and Council will need to be addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Audit Program and serve notices and orders where warranted.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Fire and Rescue NSW Safety Report be received.

2.    Council continue to monitor properties as part of its Fire Safety Audit Program and serve orders where warranted.

3.    Fire and Rescue NSW be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   10 April 2017

 

 

 

2

Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith  Applicant:  Aadhar Developers Pty Ltd;  Owner:  Md Shahin Khan & Shahnawaz Khan   

 

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 for the demolition of existing buildings and structures and construction of a six (6) storey residential flat buildings containing 49 apartments and basement car parking at Lot 10-11 Sec 20 DP 2296, 134-140 High Street, Penrith.

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

The development application has been advertised, notified to adjoining and nearby properties and exhibited between 26 August and 9 September 2016, and exhibited amended documentation between 3 February and 17 February 2017. The application received
three (3) submissions in response. Key concerns raised in the submissions related to site isolation, traffic and parking, privacy, solar access, neighbourhood character, property damage during construction and provision of local services. These matters have been considered and are addressed in this report.

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

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

 

Site and Surrounds

The development site is comprised of two (2) lots, both located on the southern side of High Street. The site has a frontage of 40.23m to High Street and has a total area of 1,957.5m2.

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

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

A locality plan is provided at Attachment No.1.

Background

Two residential flat buildings were approved by Council at its’ meeting on 27 July 2016 at 144-148 High Street and 35-37 Barber Avenue Penrith under DA15/1403.

A site meeting was held with the land owners and representatives of Council to discuss the development potential of the adjoining heritage site as well as surrounding developments which may impact on the heritage item. At this meeting, DA15/1403 and any future application at 134 High Street were identified by Councillor Cornish as being required to be reported to Council.

The Proposed Development

The proposed development includes the following aspects:

 

·    Construction of a six (6) storey residential flat buildings containing 49 apartments including 9 x 1 bedroom units, 38 x 2 bedroom units and 2 x 3 bedroom units;

·    Two (2) levels of basement car parking accessed by a two-way driveway. The basement levels contain a total of 60 parking spaces including 50 resident parking spaces, 9 visitor parking spaces, 1 car wash/service bay;

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

·    Provision of on-site waste collection including a dual waste chute system with basement storage rooms, one centralised collection room and designated bulky waste area and turntable for truck movements; and

·    Stormwater drainage infrastructure for the site.

 

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

 

Planning Assessment

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

 

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

Penrith Local Environmental Plan 2010

Permissibility

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

Clause 4.3 - Height of Buildings

The Height of Buildings Map identifies a maximum height of 18m as applying to the site. The proposal has an overall height of 18m and is therefore compliant.

Clause 5.10 - Heritage Conservation

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

Notwithstanding the comments of the above statement, a site inspection revealed that the landscape setbacks should be increased at the edges of the heritage item to provide a more appropriate transition between the dwelling and the proposed residential flat building. As such, the applicant modified the basement design and location of common open space to increase the landscape curtilage and building separation to the adjoining site. The provision of additional landscaping on these edges will assist in moderating the scale of the development relative to the heritage house which is unlikely to be substantially developed overtime. The increased setbacks also allow for the retention of an existing tree which will contribute to the overall amenity of the development and afford adjoining properties additional visual landscape screening.

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

 

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

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

The proposed development is consistent with the aims and objectives of SEPP 65. The Development Application has been accompanied by a Design Verification Statement prepared by IDraft Group, verifying the design quality principles set out in Part 2 of
SEPP 65 are achieved for the development.

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

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

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

(c)  the Apartment Design Guide.

Urban Design Review Panel Advice

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

Design Quality Principles

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

Apartment Design Guide

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

Common Circulation Spaces

The lift core serves a maximum of 10 units per floor plate. This exceeds the maximum of 8 units as required by the Apartment Design Guide. The applicant has requested a variation to this maximum as the central lobby areas are spacious with less than 12m in length and are ‘L’ shaped to provide a window to the end of each non-compliant floor plate. This allows for easy movement and natural light and is therefore considered to meet the intent of the guideline to this extent.

Apartment Mix

The proposal provides 9 x one bedroom units, 38 x two bedroom units and 2 x three bedroom units. Whilst the large majority of units are of two bedrooms, apartment mix has been provided with a variety of housing choices introduced to an area with predominantly low and medium density development. 

Apartment Layouts

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

The two storey configuration of units 9 and 27 have resulted in one bedroom of each unit exceeding the desirable depths for daylight access. These units, however have floor to ceiling windows that open directly to the unit’s second balcony. The minor variation is acceptable in this instance given the quality of private open space and living areas that is achieved. 

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

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

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

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

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

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

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

 

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

Penrith Development Control Plan 2014

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

The following areas have been identified for further discussion.

Waste Management

The proposal incorporates the following waste management measures:

·    Individual dual waste chute systems including basement waste storage areas;

·    240L bins provided on each level for oversized recycling;

·    A communal bulky waste storage area in the basement; and

·    A basement collection area which is to be serviced by Council’s waste contractors via an adjacent truck turntable.

The proposed location for basement waste collection was generally not supported by Council’s Waste Department given the need for bins to be carried across the laneway. However, following discussions with the applicant it was agreed that a temporary holding area could be created. The plans are recommended to be amended through conditions to delete the service bay adjacent the turntable and create a temporary holding bay in its place capable of holding all bins during collection times twice per week. The bins can be returned to the waste storage room on days when not being collected.

The car wash bay is to be used for dual purposes of car wash and service bay as they are not envisaged to be in use for the majority of the time.

Transport, Access and Parking

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

 

 

 

Required

Proposed

Residential Development:

1 per 1 or 2 bedroom

2 per 3 + bedrooms

51

51

Visitor Parking:

1 per 5 units

9

9

Washing:

1 per 50 units

1

1 (dual use as service bay)

Service vehicles:

1 per 40 units

1

1 (dual use as car wash bay)

Total

62

61 (with dual use bay)

The proposal complies with the minimum parking requirements. The arrangement of car parking across the basement levels is considered to be appropriate.


Residential Flat Buildings

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

Requirement

Proposal

Complies

Minimum Frontage: 20m

The proposal has a 40.23m frontage to High Street.

Yes

 

Landscaped Area: 35%

 

The proposed development provides 43% of landscaped area, including the common open space area.

Yes

Front Setback:

Average of adjoining or 5.5m whichever is greater

The front setback is 6m with projecting balconies.

Given that the site that directly adjoins is setback approximately 30m, strict compliance is unreasonable. The setback proposed is adequate and has appropriately responded to the streetscape context.

No, justified

Rear Setback: 6m

The development adopts a 6m rear setback.

Yes

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

 

Two hours solar access will be provided to 70% of dwellings which is less than the 4 hours requirement and does not comply with the Development Control plan noting that the ADG prevails over Council’s DCP pursuant to Clause 6A of SEPP 65.

Apartment Design Guide prevails.

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

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

Apartment Design Guide prevails.

10% Adaptable Dwellings = 10

Five adaptable dwellings provided.

Yes

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

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

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

Urban Design

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

Accessibility

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

Access, Parking and Traffic

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

Council’s Traffic Engineer and Development Engineer are satisfied with the proposed access, parking and traffic related aspects of the proposal.  Forward ingress and egress is achieved from High Street at an acceptable location and distance from the Parker Street intersection.

It is noted that although the subject site is on a state road, the proposal is not of a size or type that requires referral to the Roads and Maritime Services

Social and Economic Impacts

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

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

The application has demonstrated that the site is suitable for the proposed development. There are no significant natural or built environment constraints that will hinder the proposed development and appropriate measures can be employed to mitigate any potential impacts. The scale of the site can accommodate a built form with sufficient separation sympathetic to the adjoining heritage item and retaining existing mature trees.  The site has been identified as being suitable for higher density development through local zoning provisions and as such the development will contribute to achieving the strategic vision for the area.

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

Community Consultation

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

The exhibition period for the proposal was from 26 August to 9 September 2016 and 3 February to 17 February 2017. Council received a total of three (3) submissions regarding the proposal.

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

Traffic & parking matters

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

It is acknowledged that the area has a high on-street car parking demand due to the proximity of the site to Nepean Hospital and no on street parking is possible to High Street, however, the on-site car parking proposed by the development meets the requirements of Penrith DCP 2014. Given this, it is unlikely that the development will contribute to on-street parking in the locality.

Potential damage to adjoining properties during construction

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

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

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

Privacy

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

·    The development provides a generous landscaped common open space area to the south western part of the site directly adjacent to the adjoining heritage building.

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

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

Overshadowing

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

Increased noise

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

Decreased property values of adjoining sites

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

Potential isolation of and impact on Heritage listed site

The issues raised in relation to the development potential of the adjoining heritage listed site were considered as part of the assessment. The application has demonstrated that the proposal has adequately addressed the adjoining heritage item and any potential impacts.

The applicant provided evidence of a number of efforts to acquire the heritage listed site, including two separate valuations, two offers of purchase based on the valuations and the responses from the owners of the site declining those offers.

Having consideration to the Planning Principle established in Cornerstone Property Group Pty Ltd v Warringah Council [2004} NSWLEC 189 and Melissa Grech v Auburn Council {2004} NSWLEC 40 the above has demonstrated that reasonable attempts have been made to acquire the heritage site.

It is also noted that the site would not become isolated as a result of the subject application given that the adjacent site to the rear at 33 Barber Avenue remains a dual occupancy under a single ownership. Council can consider further development at the heritage site and 33 Barber Avenue should the sites be consolidated.

Smell from waste

The waste storage and collections rooms have been located within the basement to reduce any odour impacts on the surrounding developments.

Wind tunnel effect

The separation between the subject building and the approved building at 144 High Street have more than 25m separation. Given the size of the buildings and their separation it is unlikely that there will be any unacceptable adverse impact on wind patterns.

Tree removal

The plans have been amended, changing the configuration of the driveway to ensure that a significant tree on the adjoining property is retained. An Arborist’s report has been provided by the applicant and tree protection measures will be enforced through a recommended condition of consent.

 

Internal and External Referrals

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

 

Referral Body

Comments Received

Building Surveyor

Conditions provided.

Environmental Health - Waterways

Conditions provided.

Community Safety Officer

Conditions provided.

Waste Management officer

The proposed location of the room will inhibit collection due to Councils contractors being required to travel across oncoming basement traffic. It is recommended the Waste Collection Room is re-located adjacent to the heavy rigid vehicle turntable to eliminate this issue or an alternate solution is proposed to allow removal of this danger during daily collection.

Response:

The waste room has not been moved or amended, however a temporary collection bay is provided in a location adjacent the turntable. The bins can be moved to this temporary holding bay by the care taker on collection days and returned to the waste storage rooms once collected.

Traffic Engineer

Conditions provided.

Heritage Advisor

Conditions provided.

Development Engineer

Conditions provided.

 

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

The site is suitable for the proposed development and the proposed development is permissible with consent. The proposal meets the aims and objectives of the relevant environmental planning instruments applying to the development. The proposal is one of the first large scale re-developments in the locality and will provide for a significant boost to housing supply in an area earmarked for high density development. For these reasons, the proposal is in the public interest.

 

Section 94 Contributions

The following Section 94 contributions are applicable to the proposed development:

 

Contributions Plan

Contribution

Cultural Facilities

$17,186.00

Penrith City District Open Space Facilities

$173,043.00

Penrith City Local Open Space

$62,608.00

Total Contributions

$252,837.00

 

Conclusion

The proposal is generally in accordance with the relevant provisions of the environmental planning instruments pertaining to the land. The development is of a high architectural merit and will contribute to the future character of the locality. The design responds to the concerns raised by Council and has addressed the comments provided by Council’s Urban Design Review Panel with the proposed variation is supportable in this instance. The development has provided a suitable transition between the surrounding lower density developments and the adjoining heritage item.

The proposed development is unlikely to result in any unacceptable impacts on the surrounding environmental conditions and will substantially contribute the provision of housing for Penrith, aligning with the strategic direction for the area. Where potential impacts have been identified, mitigation measures have been incorporated into the development’s design or addressed through relevant recommended conditions.

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The application is therefore recommended for approval subject to recommended conditions of consent.

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith be received.

2.    Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith be approved subject to the following conditions of consent:

2.1 Standard Conditions

A001 - Approved plans

A008 - Works to BCA requirements

A014 - Lot consolidation

A019 - Occupation Certificate

A038 - Lighting system

A046 - Obtain Construction Certificate before commencement of works

B002 - AS for Demolition and disposal to approved landfill site

B003 - Asbestos

B004 - Dust

B005 - Mud/soil

D001 - Implement approved erosion and sediment control measures

D005 – No filling without prior approval

D009 - Covering of waste storage area

D010 - Appropriate disposal of excavated or other waste

D024 – Pre-treatment

E01A - BCA compliance

E009 - Annual fire safety statement

G002 - Section 73 Certificate

G004 - Endeavour Energy clearance

G006 - NBN connection

H001 - Stamped plans and erection of site notice

H002 - During construction requirements

H041 - Hours of work

K101 - Works at no cost to Council

K201 - Infrastructure bond

K202 – S138 Roads Act – Works and Structures

K209 - Stormwater discharge

K210 - Stormwater management

K211 - Stormwater discharge for basement car parks

K222 - Access, car parking and manoeuvring

K224 - Construction traffic management plan

K226 – Basement Geotechnical Testing/ Dilapidation Report

K301 - Sediment and Erosion Control

K302 - Traffic control plan

K405 - Turf to verge

K501 - Penrith City Council clearance for Roads Act works

K502 - Works as executed plans

K503 - Stormwater compliance

K503 – Works as executed

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

K601 - Stormwater management system operation and maintenance

L001 - Landscape approved plans

L002 - Landscape construction

L003 - Landscape report requirements

L005 - Planting of plant material

L006 - Landscape AS requirements

L007 - Tree protection measures

L008 - Tree preservation order

L010 - Retain existing trees

N001 - Section 94 contribution: Cultural Facilities

N002 - Section 94 contribution: District Open Space

N003 - Section 94 contribution: Local Open Space

P001 - Costs

P002 – Fees associated with Council land

Q01F - Notice of commencement and appointment of PCA

Q006 - Occupation Certificate

2.2      Special Conditions

2.2.1    The Construction Certificate must be accompanied by certification                 from a person suitably qualified by the Association of Consultants in                  Access Australia confirming that the adaptable dwellings are capable             of being modified, when required by the occupant, to comply with the                Australian Housing Standard (AS 4299- 2009). A Compliance                        Certificate in this regard shall be provided prior to the issue of                           an Occupation Certificate.

2.2.1    Prior to the issue of a Construction Certificate, a design verification      statement from a qualified designer shall be submitted. The design verification statement shall verify that the Construction Certificate plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

2.2.2    Prior to the issue of an Occupation Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the development achieves the design quality shown in the approved Construction Certificate plans and specifications, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

2.2.3    Prior to works commencing on site and prior to the issue of a Construction Certificate, a dilapidation report is to be prepared that provides a photographic record of the condition of adjoining structures on adjoining properties. A copy is to be provided to all adjoining property owners.

2.2.4    Prior to the issue of an Occupation Certificate, a dilapidation report is to be prepared that provides a photographic record of the condition of adjoining structures on adjoining properties and associated structures.

Should damage be identified, rectification works are to be carried out at full cost to the developer and these rectification works are to be completed prior to the issue of an Occupation Certificate.

2.2.5    Prior to the issue an Occupation Certificate, the property owner or agent acting for the owner shall arrange for the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 4732 7615 for the commencement of waste services.

 

2.2.6    Prior to the issue of a Construction Certificate, details of the proposed location of any required substation including any landscaping or screening measures shall be submitted to and approved by Council. The location of the proposed substation shall be positioned and screened in a manner that is compatible and consistent with the approved building and the streetscape to minimise potential visual impacts.

 

2.2.7    Prior to the issue of a Construction Certificate, all mechanical ventilation equipment, ducts, air conditioner services and the like shall be shown on the Construction Certificate documentation as being contained within the building. These services shall not be visible from any public location along High Street and Barber Avenue.

Any downpipes or stormwater pipes shall be integrated and blend with the architecture of the building.

 

2.2.8    Prior to the issue of a Construction Certificate, the location and position of any required fire hydrants and boosters shall be submitted to and approved by Council. The location of these service requirements shall be integrated with the built form to reduce visual impacts along the street frontages.

 

2.2.9    Prior to the issue of a Construction Certificate, the following waste requirements shall be detailed in the Construction Certificate documentation:

i) The garbage rooms within the basement shall have masonry walls with smooth face cement rendering to the full height internally and be provided with a smooth concrete floor. The floor shall be graded and drained to a floor waste connected to the sewer that shall be charged with a suitably located cold water hose cock. Access doors to the garbage store shall be tight fitting solid core or of non-combustible construction.

                                      ii) The collection area shall have a solid imperious non-slip floor                                        graded towards a drainage system, and have a hose system for                                       cleaning.

2.2.10  Prior to the issue of a Construction Certificate, the developer shall obtain a Geotechnical Report to determine any construction requirements for the excavation of the basement car park.

2.2.11  Prior to the issue of an Occupation Certificate, the building is to be painted internally and externally in accordance with the stamped approved colour schedule. The external colour schedule shall not be modified without prior approval from Council. Graffiti resistant coatings shall be used to external surfaces including blank walls, fences and outdoor furniture throughout the development.

2.2.12  All fencing required by the development shall be constructed at full cost to the property owner or developer of the site

2.2.13  To ensure a high quality finish internal and external of the development site, any retaining walls shall be shall be of solid masonry construction. The surface shall be either rendered to match the external colour schedule or constructed in a face brick finish.

2.2.14  All precautions shall be taken to adequately protect trees on public property (i.e. footpaths, roads, reserves, etc) against damage during the construction phase of the development. No trees on public property shall be removed, pruned or damaged during construction. This includes the erection of any fences, hoardings or other temporary works. The placement of construction materials beneath the canopy of street trees is prohibited.

2.2.15  Prior to the issue of the Construction Certificate, a Construction Noise and Vibration Impact Assessment and Management Plan is to be prepared and submitted to Council for approval. The assessment is to consider, as a minimum, the details of the construction program, construction methods, equipment and vehicles in association with the NSW Department of Environment and Climate Change "Interim Construction Noise guideline" 2009 and "Assessing Vibration - a technical guideline" 2006

2.2.16  The recommendations made in the STS GeoEnvironemntal Pty Ltd Preliminary Site Investigation dated August 2016 (report no. 16/1939) are to be followed, including the development of a soil sampling program to:
a)      ensure that the soils to be removed from the site during bulk       excavation are appropriately classified for off-site disposal, and

b)      to confirm that the insitu soils outside the footprint of the bulk      excavation are not chemically impacted at levels that would                  present a risk to human-health or the environment for the                         proposed high-density residential use of the land.

Prior to the issue of the Construction Certificate  a report is to be provided to Council demonstrating that soils for disposal have been appropriately classified and have been lawfully disposed of and that the remaining soils onsite, outside of the excavated footprint, meet contamination criteria for high-density residential use. The report is to be completed by an appropriately qualified person as defined in Council's Contaminated Land Development Control Plan and must comply with NSW EPA and NEPM guidelines.

Any unexpected finds that occur during site excavation and earthworks, including, but not limited to, the identification/finding of contaminated soils, contaminated groundwater, buried building materials, asbestos, odour and/or staining, works are to cease immediately and Council notified. Any such "unexpected finds' shall be addressed by an appropriately qualified environmental consultant.

All remediation works within the Penrith LGA are considered to be Category 1 works under SEPP55 - Remediation of Land. Should any contamination be found during development works and should remediation be required, development consent is to be sought form Council before remediation works commence.

2.2.17  In the event of Council receiving complaints regarding excessive odour from the garbage bay area, the person(s) in control of the premises shall at their own cost arrange for an environmental investigation to be carried out (by a suitably qualified person) and submit a report to Council specifying the proposed methods for the control of odour emanating from the garbage bay area.

2.2.18  The operating noise level of plant and equipment shall not exceed 5 dB(A) above the background noise level when measured at the boundaries of the premises. Prior to the issue of the Occupation Certificate an Acoustic Compliance Report is to be submitted to and approved by Council. The report is to be prepared by a suitably qualified acoustic consultant and is to address, but is not limited to, all noise generating activities on the site and the level of compliance with the above noise criteria. Should the Compliance Report identify any non-compliance issues, the Report is to provide suitable recommendations for the mitigation of those issues. Any mitigation works are to be undertaken within thirty (30) days from the date of notice from Council, unless otherwise specified.

2.2.19  Prior to the issue of a Construction Certificate, a draft operation and maintenance management plan for the proposed stormwater treatment devices shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s WSUD Technical Guidelines.

2.2.20  All car parking, access driveways, ramps, aisles, clearances, servicing and manoeuvring must be in accordance with AS2890.1-2004, AS2890.2-2002, AS2890.6-2009 and Council's requirements.

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

2.2.22  The required sight lines around driveway entries are not to be compromised by landscaping, fencing, signage or other obstructions.

2.2.23  All car parking spaces are to be linemarked and dedicated for the parking of vehicles only and not to be used for storage of materials/waste materials, etc.

2.2.24  The subleasing of car parking spaces is not permitted by this consent.

2.2.25  The Trees must be retained and protected in accordance with the recommendations of the arborists report prepared by Treehaven Enviorscapes dated 14 December 2016.

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

2.2.27  Replacement trees must be planted. At least 12 suitable replacement tree/s (preferably native trees) capable of and nurtured to grow to about 10m in height at maturity, must be planted in a suitable location within the property.  Replacement trees must be planted prior to occupancy.

3      Those who have made a submission be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1.

Locality Map

1 Page

Attachments Included

2.

Architectural Plans

9 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   10 April 2017

 

 

 

3

Development Application DA16/0330 Demolition of Existing garage and carport and alterations and additions to the existing dwelling Lot 10 DP 1014266 (No. 5) Riverbank Drive, Emu Heights  Applicant:  River Gum Constructions;  Owner:  Tristan De Haan and Beverley De Haan   

 

Compiled by:               Geoff Goodacre, Senior Environmental Health and Building Surveyor

Authorised by:            Peter Wood, Development Services Manager 

Requested By:            Councillor Bernard Bratusa

 

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 alterations and additions to an existing dwelling at 5 Riverbank Drive Emu Heights. The site is zoned E3 Environmental Management under the provisions of the Penrith Local Environmental Plan 2010 and the proposed development is permissible with consent.

 

The application was submitted on 7 April 2016 for the proposed works and notified to adjoining residents with an exhibition period of 23 May 2016 to 6 June 2016. One submission was received objecting to the proposed on the basis of potential loss of existing views.

 

An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and whilst the consideration of view loss is relevant, the proposed plans have been modified in an effort to minimise impact.  The amended design has been assessed to not unreasonably impact on existing views.  The application is therefore recommended for approval, subject to the recommended conditions of consent.

 

Site and Surrounds

 

The subject site is situated off Riverside Road Emu Heights on a private road known as Riverbank Drive. The site has an area of 4821m² and has a private road through the middle which divides the lot in half and limits the building area. It has a steep fall to the road and the lower section of the lot is affected by flooding.

 

The existing dwelling is located to the rear (west) of the site. The surrounding area is characterised by large residential dwellings. A number of dwellings in the area present as 2 storey or split level designs similar to the proposal. 

 

 

The Proposed Development

 

The proposal involves demolishing the current garage and carport at the side of the existing dwelling and constructing 3 additional bedrooms, 2 bathrooms, a study alcove and a billiard room in this area. These rooms will maintain the existing external ground levels and be at the same floor level as the dwelling.

 

A new garage and storage area are proposed by excavating below the current floor level to utilise the steep fall of the land whilst maintaining the existing driveway location and levels.  An amended roof form has been proposed to respond to matters raised in submissions and in the assessment of the application.  The new roof form proposed has been designed to maintain the ridgeline of the existing dwelling and step away from the side boundary.

 

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 satisfied.

 

Penrith Local Environmental Plan (LEP) 2010

 

Penrith Local Environmental Plan (LEP) 2010 is applicable to the site and the relevant provisions of the LEP are 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

Clause 4.3 Height of Buildings

Not applicable

Clause 5.9 Preservation of trees or vegetation

Complies

Clause 7.1 Earthworks

Complies

Clause 7.2 Flood Planning

Complies

Clause 7.5 Protection of scenic character and landscape values

Complies

Clause 7.7 Servicing

Complies

 

Clause 2.3 Zone objectives

 

Dwelling houses including alterations and additions are permissible development with consent in the E3 – Environmental Management zone pursuant to Penrith Local Environmental Plan (LEP) 2010.

 

The objectives of the E3 zone are as follows:

 

·    To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

·    To provide for a limited range of development that does not have an adverse effect on those values.

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

·    To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.

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

 

The proposed development is consistent with the zone objectives given its compatibility of design with the landscape character of the area as it utilises the existing building footprint and hard surface areas.   The most relevant objective to the proposal is to protect aesthetic values.

 

Whilst the proposal introduces a reasonable area of new floor space the bulk of it is contained within the existing footprint.  The compatible roofline is sympathetic to the context and outlook of adjoining dwellings to be consistent with the objective.

 

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 are addressed below:

 

Relevant Controls

Comment

Part B - Principles

Complies

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

Complies

Part C11 - Subdivision

Not applicable

Part C12 - Noise and vibration

Not applicable

Part C13 - Infrastructure and services

Complies    

Part E4 - Emu Heights - Blue Mountains Eastern Escarpment

Does not comply – See further discussion below      

 

 

The site is identified in the DCP as part of key precinct E4 Emu Heights - Blue Mountains Eastern Escarpment. This key precinct provides the main assessment guidelines for the application, however the application was also assessed against Part D1 - Rural Lands of the DCP where relevant.

 

Part E4 Section 4.4.2 - Building Height, this section indicates that height restrictions apply in order to avoid loss of the visual qualities of the area, and that generally, a height of more than one level is considered unsuitable. The DCP does permit enclosed under house storage.

 

The proposed additions may not rigidly comply as a single level, however the DCP control does indicate this is only generally required. The partial excavation below the current floor level of the dwelling for the garage and under house storage is similar to numerous other dwellings in the estate which are presented this way. All habitable portions of the dwelling will be on the one level. From the rear there is no change in floor levels, ground levels or wall heights.

 

The proposal utilises the natural slope to excavate a lower level whilst maintaining the existing floor level above.

 

There are no fixed side setback controls in the E4 key precinct section of the DCP. In the absence of key precinct controls, generally Part D1 - Rural Dwellings and Outbuildings - would be applied to this type of zone. However, D1 would better relate to larger rural lots/acreage. As this site is only 4821sqm in size and approximately 40m wide it would be more in tune to residential controls. A merit based assessment is required in these circumstances. 

 

The proposed side setbacks for the addition have been amended to to 1.8m. The setbacks are consistent with other dwellings in the area (the dwelling at the rear has a setback of 1.8m to the side boundary and the dwelling to the side has a carport close to the side boundary). Due to the limited area for building, the proposed setbacks are suitable and will provide adequate building separation.

 

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

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

 

Built and Natural Environment

The development is sympathetic to the streetscape and is consistent with the bulk, scale, colour and design of other dwellings in the locality. The development provides for appropriate separation between dwellings.

 

The development satisfies Council’s requirements for the provision of car parking, and traffic generated by the development can be accommodated by the capacity of the existing road network in the locality. 

 

The development satisfies sustainable development principles through its BASIX certificate commitments including water saving fixtures and improved thermal comfort by the use of wall and ceiling insulation.

 

The site has adequate utility services & infrastructure. Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures are recommended as conditions of consent and will ensure the development does not have an adverse impact on the natural environment.

 


 

Social and Economic

 

The proposed dwelling is compatible with the surrounding and adjacent residential land uses and does not pose any unreasonably adverse social or economic impact.

 

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

 

The subject site is within an established residential area that is zoned to permit the proposed use. The site is not known to be affected by any overland flows, landslip or heritage controls. The site is identified as bushfire prone land and suitable conditions are recommended for construction. The location of the proposed additions are not affected by flood related controls. The slope of the site is conducive to the alterations and additions proposed, its integration with the existing dwelling and surrounding area.

 

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

 

In accordance with Appendix F4 of Penrith Development Control Plan 2014, the proposal was notified to adjoining neighbours and placed on public exhibition between the 23 May 2016 and the 6 June 2016. No submissions were received during this time however additional time was granted to new adjoining residents having indicated they had recently purchased the property and were unaware of the application and notification prior. 

 

The following issues were raised in a subsequent submission which have formed part of the assessment and are addressed below:

 

·    Height control in DCP 2014 – E4

·    Loss of View

·    Quality of Statement of Environmental Effects

 

Height control in DCP 2014 - E4

 

The proposed height of the dwelling has been considered against the matters in Penrith Development Control Plan 2014 (DCP) Key Precincts - E4 Emu Heights - Blue Mountains Eastern Escarpment, including section 4.4.2 Building Height.

 

The DCP provides guidance and allows some flexibility to consider the merits of a proposal and alternative solutions which achieve the objectives of the DCP controls.

 

The DCP indicates that height restrictions apply in order to avoid loss of the visual qualities of the area, and that generally, a height of more than one level is considered unsuitable. The DCP does permit enclosed under house storage.

 

Loss of the visual qualities of the area are different to a purported loss of views. Visual qualities would generally relate to the development retaining the visual character of the escarpment. The limit of one level is relevant to assist building forms staying below the ridge lines and minimising prominence in the area, whilst preserving the bushland character of the Escarpment.  This can maintain background views of the escarpment to the west and the plains to the east with dwellings stepping down the slope.

 

The proposed garage level being below the current floor level does not in any way attribute to an impact on views. An addition to the side (excluding the garage under) would result in the same height and position as viewed from the property at the rear. The proposal is similar to numerous other dwellings in the locality which are presented this way.

 

The site is located at the base of the escarpment, the proposed works are limited to the existing building footprint and hard surfaces and retains the existing landscape in front of the dwelling. This design is compatible with visual qualities of the area. In this instance the development is not considered detrimental to the objectives of this clause in the DCP.

 

Loss of Views

 

The submission is primarily concerned with loss of view of the Nepean River and makes reference to the Land and Environment Court’s view sharing planning principle which adopts a four step assessment. 

 

The first stepassessment of the views.

 

Site inspections included an assessment of the views and photographs submitted were also assessed. Views which may be impacted are to the east from the dwelling to the west of the subject property and are predominantly comprised of a canopy of vegetation predominantly gum trees at eye level with the landscape of Emu Plains and Penrith City to the horizon.

 

A ‘glimpse’ of the Nepean River (water views) and its’ banks is evident at certain ‘vantage points’ whilst standing on the back verandah of the adjoining residence,  and looking down the slope between the two existing dwellings to the east. There is a minimal view of the river which is mostly obscured by existing vegetation and structures. This was also evident in photos provided with the submission as it appears that without close ups or highlighting the water is not discernible.

 

The second step – from what part of the property the views are obtained.

 

The predominant view can be observed from most internal and external living areas of the dwelling however the limited view of the river is only available at a specific angle across the site from certain vantage points looking down the slope through properties to the east.

 

The third step - The extent of the impact.

 

This was considered for the whole property not just the area of the development. The position and orientation of the property at the rear and the subject dwelling were assessed. Matters such as the overall length of the existing dwelling, the works below the existing dwelling’s floor level and the minimal new works proposed to the side of the existing dwelling were taken into consideration. In this case the extent of view impeded by the proposed built form is marginal and not likely to be any more than may be caused by the growth of vegetation in this direction on other properties. Notwithstanding this, the proposal has been amended to increase the side setback and reduce the proposed ridge line in an effort to minimise potential view loss.

 

In terms of impact economically on value, a search of the Real Estate marketing from the most recent sale had no mention of water views and there were no photos in the agent’s listing showing water views from the property. This would suggest that this view was not a major factor in the property’s value or amenity.

 

The fourth step – The reasonableness of the proposal.

 

The DCP only indicates that generally, a height of more than one level is considered unsuitable but it also then permits enclosed under house storage. This does not necessarily restrict the proposal as submitted. The garage excavated under the existing floor level of the dwelling does not in any way attribute to an impact on views.

 

Due to the configuration of the existing floor plan, placing the addition in another location would also have a major effect on the current layout and compliance with the Building Code of Australia. It may also increase bushfire construction requirements.        

 

On balance, the proposal has been assessed to have an acceptable impact on the predominant view which is not significant nor unreasonable. The amended plans now proposed have reduced what was already a marginal impact on views which was reasonable and was consistent with the objectives of the DCP.

 

Quality of the Statement of Environmental Effects

 

The issues raised about the Statement of Environmental Effects were noted. Whilst some of these are more of a procedural matter Council has obtained additional information where needed and recommends suitable conditions to ensure a satisfactory development outcome. 

 

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

 

The proposal provides a development that is compatible with the existing locality, with no adverse impacts on the escarpment. 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.  Whilst there will be a partial loss of view for residents to the west, the relative height of dwellings and maintenance of the existing roofline preserves the predominate view which could be reasonably expected.

 

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 Penrith Development Control Plan 2014, the proposal satisfies the aims, objectives and provisions of these plans. The proposed design is site responsive, complies with key controls and will not result in any significant impacts. Therefore, the application is worthy of support, subject to recommended conditions.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA16/0330 Demolition of Existing garage and carport and alterations and additions to the existing dwelling Lot 10 DP 1014266 (No. 5) Riverbank Drive, Emu Heights be received.

2.    That the application be approved subject to the following conditions.

2.1 Standard Conditions

A001 – Stamped approved plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A041 – Construction in Bushfire Areas

A046 – Construction Certificate

B002 – AS for demolition and disposal to approved landfill site

B004 – Dust

B005 – Mud

B006 – Hours of work

D001 – Sediment and erosion controls

D007 – Cut and fill of land requiring Validation – limited to footprint

D009 – Waste storage

D010 – Disposal of waste

E001 – BCA compliance

H001 – Stamped plans and erection of site notice

H030 – Roof finishes

H041 – Hours of work

K016 – Stormwater

L008 – Tree preservation order

L012 – Existing landscaping

Q01F – Notice of commencement

Q05F – Occupation Certificate

 

Special Conditions

2.2      The south side setback is to be increased to a minimum of 1.8m as               marked in red on the approved plans. Additionally, the roof of the              proposed addition is to be lowered to ensure that it is no higher than               the existing roof line as shown on the amended roof plan. Prior to the            issue of a Construction Certificate detailed amended                                  architectural plans including amended floor plans are to be provided           for consideration showing these changes.

2.3      The proposed additions shall not be used or adapted for use as a          separate occupancy.

2.4      Cut is limited to the footprint of the proposed works as shown on the      approved plan of levels. The external walls of the garage are to be                designed by a structural engineer as retaining walls to ensure                           existing grounds levels are maintained.

           The adjoining property is to be protected for subsidence until the           retaining walls are constructed.

2.5      A certificate from a qualified practising Structural Engineer attesting              to the adequacy of the structure to support the anticipated                      loads/excavation works is to be submitted for consideration and                       approval prior to the issue of a Construction Certificate.

2.6      No earthworks including cut and fill or building works including a            retaining wall, garden shed or other structures of the like are                          permitted within the easement. The easement is to remain at natural            ground level at all times.

3.    Those making submissions be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1.

DA16/0330 - Locality Map

1 Page

Attachments Included

2.

DA16/0330 - Amended Roof Plan

1 Page

Attachments Included

3.

DA16/0330 - Perspective Elevations

3 Pages

Attachments Included

4.

DA16/0330 - Plans Dwelling Additions

5 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   10 April 2017

 

 

 

4

Proposed Reclassification of Public Land in the City Centre (Union Road and Welch Place Car Parks)   

 

Compiled by:               Matthew Rose, Principal Planner

Danielle Fox, Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Undertake priority planning projects and statutory processes that contribute to Penrith's role as a Regional City

 

Previous Items:           3- Proposed Reclassification of 154 Henry Street, Penrith- Policy Review Committee- 10 Oct 2016 7:00PM   

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

 

Executive Summary

This report presents the results of the community consultation on the proposed reclassification of three parcels of land in Penrith City Centre (identified in Attachment 1) from Community to Operational. Two of the lots are located in the Union Road Car Park (13-61 Union Road) and the third contains the Welch Place Car Park (154 Henry Street).

The proposed reclassification is required to allow Council to consider opportunities for the development of the land that contribute to the growth and development of the City Centre in line with Penrith Progression – A Plan for Action, including the provision of additional car parking. The land is currently classified as Community Land, which limits Council’s ability to trade, lease, licence or develop the land. No such restrictions apply to Operational Land.

The opportunities for the land include the delivery of a decked car park providing 1,631 spaces (an additional 1,000 spaces) on the Union Road Car Park, and the reinstatement of access to the upper level parking provided by the Welch Place Car Park and adjacent property (known locally as the “Trade Secret” building).

The proposed reclassification is being delivered through a Planning Proposal and the NSW Government’s Gateway Process (for amending local environmental plans). Community consultation on the Planning Proposal consisted of a public exhibition (Dec 5 – Jan 16) and an independently chaired public hearing (Feb 16). Council received 3 submissions in response to the exhibition and a report from the public hearing. This report identifies and examines the matters raised during the community consultation, which include parking provision in the City Centre, the sale of public land, paid parking, and the reclassification process.

After examination of each of the matters, it was found that the outcomes that could be delivered by the proposed reclassification, namely the provision of additional car parking in the City Centre, have sufficient merit to proceed. The delivery of a decked structure on the Union Road Car Park will also provide additional parking, but more significantly, will facilitate the continued growth and development of the City Centre. The reinstatement of lost parking opportunities at Welch Place Car Park also provides an immediate addition to parking in the City Centre. This report subsequently concludes with a recommendation that Council proceed with the proposed reclassification.

Background

Council is proposing the reclassification of two lots within the Union Road Car Park and one lot containing the Welch Place Car Park. Attachment 1 provides a location map. The Union Road Car Park is an at-grade or surface car park providing 631 public spaces. It is located on 25 parcels of land, 23 of which are already classified as Operational. The Welch Place Car Park is a two-storey decked structure that currently provides 35 public spaces at ground level. Access to the upper level has been closed due to safety concerns since March 2015.

The two lots in Union Road Car Park and the lot containing Welch Place Car Park are currently classified as Community Land, which limits Council’s ability to trade, lease, licence the use of or develop the land. No such restrictions apply to Operational Land. Under the Local Government Act, public land can be classified as either ‘Community’ or ‘Operational’ land. Community land is generally open to the public, for example parks and reserves; and Operational land is used for other purposes such as works depots, car parks or investment properties held by Council.

The process for changing the reclassification is with a Planning Proposal that amends the City-wide Local Environmental Plan (Penrith Local Environmental Plan 2010). The Planning Proposal is being progressed through NSW Government’s Gateway Process (for making and amending local environmental plans).

The proposed reclassification, if completed, will allow Council to consider opportunities for the development of the land that contribute to the growth and development of the City Centre in line with Penrith Progression – A Plan for Action, including the provision of additional car parking. The proposed reclassification will also remove all trusts that apply to the land requiring the provision or use of the land for car parking.

The opportunities for the land include:

·        The delivery of a 1,631 public parking spaces (or an extra thousand spaces) on the Union Road Car Park as either a stand-alone decked structure or with an integrated development.

·        The reinstatement of access (new ramps) to the upper level parking provided by the Welch Place Car Park and adjacent Trade Secret building.

Union Road Car Park

Council is committed to providing an extra thousand public car parking spaces by 2019 on the existing (at-grade) Union Road Car Park. This will take the form of a ‘stand-alone’ decked structure providing 1631 public spaces (including the existing provision). To help deliver this outcome or a better outcome, Council has called for and is considering expressions of interest for the development of this land. Council invited private developers to submit proposals that deliver the public parking alongside residential, commercial and leisure uses. This alternative approach has the potential to deliver an integrated development and car park that provides good built and urban design outcomes and make a significant contribution to the growth and development of the City Centre with new homes, businesses and shops.

Welch Place Car Park

The Welch Place Car Park currently provides 35 public car parking spaces at ground level. There has been no access to the upper level since March 2015 due to the closure of the unsafe access ramps located in Allen Place. This closure has also prevented access to the private parking provided in the adjacent Trade Secret building (107 spaces). The demolition of the ramps is complete. Council has already made a series of decision to restore access to the upper level parking in this car park and adjacent Trade Secret building, including the:

·        sale of Welch Place Car Park to the owner of the Trade Secret building, and

·        issue of development consent for the construction of a new dual carriageway ramp within the Welch Place Car Park.

Completion of the proposed reclassification is the final step in reinstating access to 144 spaces, albeit privately owned, as it allows the sale of the land and construction of an alternative access to occur. The public car parking spaces currently provided on the lower level of Welch Place (35) will be transferred to the new decked structure in Union Road.

Planning Proposal and community consultation

A Planning Proposal to change the classification (through an amendment to the City-wide Local Environmental Plan) was prepared in October 2016. Council received a Gateway Determination for the proposal in November 2016, allowing community consultation to commence. This consisted of a public exhibition during December 2016 and January 2017 and an independently chaired public hearing (in February 2017).

Council received three submissions in response to the public exhibition. These objected to the proposed reclassification raising a number of matters around the current and future ownership of the land (public/private), the general provision or supply of car parking in the City Centre, and paid parking. The submissions stated that these concerns would add to the existing issues they already experience in regard to congestion, lack of parking in the City Centre, and the impact of new development (including high density residential).

The public hearing was attended by about 25 people and those who addressed the meeting raised similar issues as the submissions, along with a range of broader matters considered unrelated to the proposed reclassification (such as the delivery of road infrastructure in the region). The chair of the hearing prepared a report for Council (provided as Attachment 2).

The matters raised during the community consultation have been themed into the following categories; these are reviewed and addressed in a subsequent section of this report:

1.       The amount of public parking that will be delivered in the City Centre, both through the proposal and longer term.

2.       Potential loss of convenient parking opportunities in the City Centre.

3.       Opposition to paid parking in the City Centre.

4.       Opposition to the sale of Council owned land.

5.       The reclassification process, including community engagement and consultation.

A number of other matters were raised about the future planning, growth and development of the City Centre, including the demand for infrastructure (roads, parking and public transport) and potential traffic problems from an increasing population. However, these are beyond the scope of the proposed reclassification.

The chair of the public hearing supports the proposed reclassification, subject to the following:

·        Council undertake an investigation or ‘stocktake’ detailing the amount of Council controlled car parking in the city centre,

·        Council consider the assessment and determination of the Planning Proposal as if the development application for the new ramp at the Welch Place Car Park had not been determined, and

·        Council consider the assessment and determination of the Planning Proposal as if the demolition of the ramps had not commenced.

Reviewing the matters raised during the community consultation

The amount of public parking that will be delivered in the City Centre, both through the proposal and longer term

There are a number of existing documents that examine car parking provision and management in the City Centre, including the City Centre Civic Improvement Plan (2004), Penrith City Centre Car Parking Strategy (2011) and more recently, the Penrith Progression – A Plan for Action.

Council has identified that there are about 12,000 off-street car parking spaces in the City Centre and that these are either controlled by private business (53%), Council (30%), or State Government (17%). Council has also identified the need to increase the current provision to 23,000 spaces (public and private) over the next ten to fifteen years and that it is not economically or practically feasible for Council to continue to provide its share of these spaces in surface level car parks in the City Centre.

Council’s documents identify the alternative approach of providing a number of decked car parks on the periphery of the Centre. The current sites identified for these structures includes the Union Road and Soper Place Car Parks and the expansion of the existing Judges Place Car Park. This approach will ensure that increases in demand are met, and:

·        avoid the fragmentation of the City Centre with (often unsightly) at-grade car parks,

·        ensure that parking and cars do not dominate areas of high pedestrian activity and amenity in the City Centre,

·        provide more parking closer to the City Centre and avoid increasing distances between new at-grade parking and shops, businesses and services,

·        facilitate the development and more efficient use of key City Centre sites with integrated developments that contribute to the growth of the City Centre, and

·        allow for the better management of car parking (time limits, pricing mechanisms and regulation).

The demand for and delivery of new parking in the City Centre, including decked structures, is subject to a number of factors, including, the demand generated by new development, the provision of parking in new development, and the payment of development contributions (used to deliver new parking). There are also a number of sites in the City centre that are identified for future development or required for infrastructure delivery (City Park and road upgrades) that are currently used to provide temporary parking. Attachment 3 identifies the current parking provision, the temporary car parks, and the number of spaces they provide. As development occurs and infrastructure is delivered on the identified sites, some or all of the parking spaces that they provide will be transferred to or consolidated into the decked structures. This will ensure that the increasing demand for parking in the City Centre will continue to be met, even with the development of the temporary sites.

With regards to the proposed reclassification, the delivery of an extra thousand spaces on the Union Road Car Park will increase the amount of public parking in the City Centre. Even when the transfer of (222 spaces) from the Welch Place and Allen Place Car Parks is complete, 778 additional public spaces would be provided. However, we do need to acknowledge that there will be some temporary loss or disruption to car parking provision as construction occurs.

After the reclassification, private parking will be provided at Welch Place Car Park with the supply significantly increased (from 35 to 144) as access to the upper level of Welch Place Car Park and adjacent Trade Secret Building will be reinstated.

Potential loss of convenient parking opportunities in the City Centre

As a direct consequence of the proposed reclassification the existing 35 public spaces in the Welch Place Car Park will be transferred to the future decked car park at Union Road; about 400 metres away or a 5 minute walk. For reference, the Union Road Car park is about a:

·        500 metre or 6 minute walk from Penrith Train Station,

·        350 metre or 4 minute walk from Memory Park, and

·        700 metre or 9 minute walk from Penrith Police Station and Courthouse.

After the reclassification, private parking will be provided at Welch Place Car Park and the supply significantly increased (from 35 to 144) as access to the upper level of Welch Place Car Park and adjacent Trade Secret Building will be reinstated.

Concerns about the loss of convenient parking were also raised around the future delivery of the City Park (in Allen Place). The delivery of the Park will result in the transfer of the currently provided 187 spaces in Allen Place to the future decked car park at Union Road; about 400 metres away or a 5 minute walk.

Opposition to paid parking in the City Centre

The issue of whether the future decked car park on the Union Road Car Park will be paid parking is not strictly related to the proposed reclassification of the land. The purpose of which is to increase the amount of public parking provided on the site (1631 instead of 631). The reclassification proposal does not include any proposal for paid parking and this remains a future consideration for Council, along with the other public parking it owns and will be informed by Council’s policy at that time.

The reclassification of the Welch Place car park will enable the site to be transferred to the adjoining owner. Any decision about how the private parking will be controlled (including whether or not it will be paid parking) will be the responsibility of the new owner.

Opposition to the sale of Council owned land

The Planning Proposal openly details Council’s intention for both car parks. Council has initiated the potential outcomes and decisions separately from this reclassification process. The chair of the public hearing found that Council has been transparent in disclosing the history, related decisions, and its intentions for both sites.

As a key landowner, Council has the capacity to directly leverage positive change by strategically using public land to help unlock the City’s potential and facilitate its revitalisation to deliver positive changes and outcomes. Council is also committed to partnering with private industry to pursue opportunities that strengthen the City’s economy, attract investors, create jobs and deliver new homes.

The reclassification of the Land does not commit Council to the sale or development of the land, nor does it remove the land from Council’s ownership or prevent the current use of the land from continuing. Such considerations are subject to separate processes and decisions, which are summarised below:

Union Road Car Park

This site is of strategic importance for its potential contribution to transforming the City Centre, creating jobs and delivering new homes. 23 of the 25 lots that this car park is located on are already classified as Operational or 87% of the land by area (m2). The proposed reclassification will result in a consistent classification across the entire car park, an outcome required to consider opportunities to deliver an additional 1,000 extra public car parking spaces as part of an integrated development.

Welch Place Car Park

It is acknowledged that the timing of the decisions to sell Welch Place Car Park to the adjoining owner, issue of development consent for the construction of new access ramps, and the demolition of the existing ramps has created some confusion. These have all occurred prior to the completion of the proposed reclassification.

The proposed solution to reinstate access to the upper level of this car park and adjacent Trade Secret building requires all of the following events to occur – the reclassification, the sale, and the construction of new access ramps. Although all of these processes are linked (because they relate to the same site and are required to provide the desired outcome) they are administered under separate and different processes, some of which have concluded at different times to the proposed reclassification. Even though the decisions to sell the site and construct the new ramps have been made, these events can’t occur until the proposed reclassification is complete. These decisions were made with acknowledging the risk that the reclassification of the land might not occur.

The reclassification process, including community engagement and consultation

Community consultation on the reclassification proposal included a public exhibition of 42 days (5 Dec 16 to 16 Jan 17) and an independently chaired public hearing (in Feb 17). The public exhibition was advertised in the local paper (on five occasions) and online throughout the exhibition period, as was the public hearing. The members of the community who made a submission in response to the public exhibition also received a direct notification about the public hearing.

The exhibition material was provided online, the Civic Centre, St Marys Office, and both Penrith and St Marys Libraries. Our records indicate that we received 4 enquiries during the exhibition (2 phone and 2 in person) and the website was visited about 190 times.

With regards to broader community engagement, the proposed reclassification helps deliver the aims of the Penrith Progression – a Plan for Action, namely new investment and development in the City Centre (through the development of the Union Road car park) and the delivery of the City Park and associated development in Allen Place (facilitated by the removal of the access ramps).

The Penrith Progression was a collaboration with the community of Penrith and a range of other stakeholders over a 12 month period. It included consultation, collaboration and engagement through a series of workshops, focus groups, forums and social media communication strategies to explore ideas, opportunities and potential catalyst projects to revitalise the City Centre. The 550 participants represented investors, landowners, business groups, government agencies, community sectors and creative and educational groups.

 

Conclusion

After examination of each of the issues, it was found that the outcomes that could be delivered by the proposed reclassification have sufficient merit to proceed. It is therefore recommended that the proposed reclassification proceed and that Council endorse the Planning Proposal for finalisation through the Gateway Process.

An Operational Land classification for the Union Road Car Park will progress the relevant aims of Penrith Progression – A Plan for Action, delivering additional car spaces and providing new jobs, shops, services and homes in the City Centre. Indirectly, it will allow the development or delivery of essential infrastructure on those sites in the City Centre reserved for such purposes but which are currently used to provide temporary parking. Directly, it allows Council to consider opportunities for an integrated car park and development that provides an improved built outcome that contributes to the activity and vibrancy of the City Centre.

An Operational Land classification for the Welch Place Car Park will enable the reinstatement of the lost parking opportunities, by a new owner, providing an immediate addition to private parking in the City Centre. The current public spaces (35) will be transferred to the future decked structure at Union Road.

The reclassification will also remove all trusts requiring the land to be used to provide public car parking. This will allow for the transfer of the Welch Place Car park to a private owner and increase the range of opportunities to deliver the planned extra parking at the Union Road Car Park.

The report from the public hearing supports the proposed reclassification subject to an analysis of car parking provision in the City Centre and a request that the consideration of the proposed reclassification occurs as if the earlier, related decisions to reinstate parking at the Welch Place Car Park had not occurred.

This report has provided a basic analysis of current car parking provision in the City Centre and demonstrates that the proposal will provide additional parking. A detailed analysis of the parking required to support the currently planned outcomes for the City Centre is provided by Council’s 2011 Strategy. This Strategy will be updated to take into account any future change in the strategic direction for the growth and development of the City Centre.

The solution to reinstate access to the upper level of Welch Place Car Park requires a series of related events to occur – the reclassification, the sale of the site, and the construction of new ramps. These events are administered under separate and different processes, some of which have concluded at different times to the proposed reclassification.

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Reclassification of Public Land in the City Centre (Union Road and Welch Place Car Parks) be received.

2.    Council proceed with the proposed reclassification of the land identified in Attachment 1.

3.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal (provided separately to Councillors as a separate enclosure and available on Council’s website) before submitting it to the Minister for Planning.

4.    Council officers forward the Planning Proposal to the Minister for Planning with a request that he make the necessary amendments to Penrith Local Environmental Plan 2010.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location

1 Page

Attachments Included

2.

Public Hearing Report

34 Pages

Attachments Included

3.

Car Parking Provision in the City Centre

1 Page

Attachments Included

  


Ordinary Meeting                                                                                                   10 April 2017

 

 

5

Submission on NSW Government's Planning Legislation Updates   

 

Compiled by:               Matthew Rose, Principal Planner

Julie Condon, Development Enquiry Coordinator

Authorised by:            Natasha Baker, City Planning Manager

Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the needs of a growing population

Service Activity

Respond to and influence planning legislation and related policies of government

      

 

Executive Summary

This report presents a draft submission on the NSW Government’s proposed updates of its planning legislation, the Environmental Planning and Assessment Act 1979, for Council’s consideration and endorsement. The report also outlines some of the potential changes to Council’s strategic planning, development application, and building certification processes.

The NSW Government states that the intent of the updates is “to build greater confidence in the planning system by enhancing community participation, strengthening upfront strategic planning, and delivering greater probity and integrity in decision-making”.

Background

In 2012/13 the NSW Government proposed major reforms to the planning system. After a number of consultation phases, a Bill for new legislation was prepared and progressed through to the NSW Senate, where it was rejected. As a result, the reforms were placed on hold.

In mid-2016, NSW Planning and Environment completed a program of targeted stakeholder workshops, discussions forums and surveys (which included Council representatives). This work revisited some elements of the earlier exercise with the intention of refining them for a reform of reduced scope to the 2012/13 proposals.

In January 2017, NSW Planning and Environment commenced a formal consultation exercise on a suite of documents, including proposed updates to the Environmental Planning and Assessment Act 1979 (the Act). These updates sit alongside other recent initiatives, including the:

·     Establishment of the Greater Sydney Commission,

·     Roll out of regional and district plans,

·     Development of the online NSW Planning Portal (making planning information and services more accessible),

·     Review and repeal of State Environmental Planning Policies and Sydney Regional Environmental Plans,

·     Improvements to investigative and enforcement powers,

·     Proposed changes to the use of voluntary planning agreements, and

·     Expansion of complying development.

The objectives of the proposed reforms include making the planning system simpler and easier to understand and use for all participants, including the language used in the legislation, and focus on:

1.    Enhancing community participation,

2.    Promoting strategic planning

3.    Increasing probity and accountability in decision-making, and

4.    Improving planning processes to make them simpler and faster.

The reforms also:

·     Clarify development assessment processes,

·     Standardise and consolidate administrative provisions,

·     Remove repealed provisions, and

·     Update the numbering and names in the Act and refine terms and definitions.

Although the proposed updates set out a revised structure for the Act, including new and revised provisions, they retain a significant portion of the existing provisions within a new structure.

Proposed Updates

As well as a number of initiatives to deliver each of the four objectives, the updates propose to modernise the Objects of the Act. The intent of the updates to the Objects is to provide them in a clearer, simpler language. The updates also include additional Objects to promote good design and the conservation of heritage items and places. The updates do not change the intent or effect of the objects.

A summary of the initiatives proposed for each of the four objectives is provided as Attachment 1. The draft submission (provided as Attachment 2) examines all of the initiatives. However, this report highlights the initiatives considered to influence Council’s strategic planning, development assessment, and building certification processes.

The review of the exhibition material revealed that the detail of how the proposed reforms will be implemented has been left for new or updated Environmental Planning and Assessment Regulations. These Regulations were not provided as part of the current consultation and the submission requests the opportunity to review the regulations prior to finalisation and make a subsequent submission on any relevant matters.

1. Enhancing Community Participation

The proposals to enhance community participation include:

·     a requirement for planning authorities (including councils) to prepare a Community Participation Plan explaining how the authority will engage the community in plan-making and development decisions,

·     community participation principles to guide the preparation of Community Participation Plans,

·     An update of the current minimum public exhibition requirements,

·     A requirement for decision-makers to give (a statement of) reasons for their decisions to help community members see how their views have been taken into account.

In summary, the submission:

·     supports the enhancement of community participation in planning processes (at both State and Local level), specifically with regards to the setting of goals and actions to deliver the community’s desired outcomes for the local area.

·     states a preference for the proposed expansion of the current Community Engagement Strategies over a “stand-alone” Community Participation Plan which has the potential to add to the complexity of planning documents.

·     welcomes the proposed support and assistance for creating these plans (with model plans and guidance), but encourages the NSW Government to consider other ways to assist councils to respond to the new requirements (e.g. reform funding).

·     advises that the proposed mandatory minimum notification requirements for all development applications is too onerous and will delay and add costs to many low impact developments.

·     seeks clarification on the proposed statutory status of the Community Participation Plan and potential duplication of the notification requirements specified in Penrith Development Control Plan 2014.

Promoting Strategic Planning

The proposals to promote strategic planning include:

·     A requirement for councils to develop (in consultation with the community) Local Strategic Planning Statements that:

Tell the story of the local government area,

Set out the strategic context within which the local environmental plan has been developed,

Explain how strategic priorities in the District Plans are given effect at the local level, and

Incorporate and summarise land use objectives and priorities identified through the Community Strategic Plan process.

·    Regular local environmental plan checks (and subsequent updates) to ensure that planning controls are kept up to date.

·    More consistent (structure and format) development control plans.

In summary, the submission:

·     welcomes the intent to promote and strengthen strategic planning, noting it is the key process in identifying and facilitating the delivery of the Community’s desired outcomes.

·     requests the NSW Government to examine opportunities to improve its performance for the parts of the strategic plan making process it is responsible for.

·     agrees with the importance of publishing clear, easy to understand documents that explain the statutory documents controlling development in the local area – key to engaging a greater section of the community.

·     states a preference for the expanded role of the current Integrated Plan Making and Reporting framework to adopt the role of Local Strategic Planning Statements instead of a stand-alone document (which has the potential to add to the complexity of planning documents).

·     supports the standard format for development control plans, allowing for easier navigation and publication online, but opposes any requirements or restrictions on the intent and content of such plans.

·     welcomes the proposed support and assistance for creating these plans (with model plans and guidance), but encourages the NSW Government to consider other ways to assist councils to respond to the new requirements (e.g. reform funding).

·     raises concerns with the potential interaction and consistency of District Plans, State Environmental Planning Policies and local planning documents.

Better Processes for Local Development

Making local development processes simpler and faster for all participants and the delivery of faster housing approvals are two of the goals of the proposed updates, which include:

·     exploring incentives to encourage early consultation with neighbours.

·     Improving efficiencies where a development application needs approvals from NSW Government agencies, including ‘step-in powers’ to prevent delays and resolve conflict.

·     Preventing the modification of a consent where the work has already been carried out, and

·     Improving the pathway for complying development and ensuring that new development meets the required standard (improved powers and resources for councils).

In summary, the submission:

·     supports improvements to complying development, including increased rigour around the notification of applications and approvals to Council and adjoining owners.

·     welcomes the increased Council role in regulating complying development, but requests that this is supported with revised and simplified compliance and cost recovery processes.

·     objects to the expansion of complying development to include higher impact and sensitive types of development.

·     questions the appropriateness of increasing Council’s certifying functions and not the private sectors.

Better Local Decisions

The proposed updates include:

·     basic rules about the constitution, membership and functions of local planning panels, including performance reporting requirements.

·     the power for the Minister to direct a Council to establish a Local Planning Panel.

·     requirements for more planning decisions to be made by Council staff and which decisions should be made by a Council or Local Planning Panel.

In summary, the submission:

·     Supports the approach already taken by council to delegate the majority of decisions and determinations to council staff

·     Supports increased thresholds for regionally significant development

·     Supports change in focus of new Independent Planning Commission with its increased role in community involvement.

Next Steps

If Council endorses the draft submission (provided as Attachment 2), the submission will be finalised and prepared for submission to NSW Planning and Environment. Council has a positive working relationship with NSW Planning and Environment and it is anticipated that Council will be provided further opportunities to provide feedback on the proposed reforms.

 

RECOMMENDATION

That:

1.    The information contained in the report on Submission on NSW Government's Planning Legislation Updates be received

2.    The draft Submission on the Planning Legislation Updates, provided as Attachment 2 to this report, be endorsed.

3.    That the endorsed Submission on the Planning Legislation Updates be sent to NSW Planning and Environment for its consideration.

 

 

ATTACHMENTS/APPENDICES

1.

Objectives and Initiatives of the proposed updates

1 Page

Attachments Included

2.

Draft Submission

17 Pages

Attachments Included

   


 

 

 

 

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Outcome 3 - We can get around the City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Outcome 5 - We care about our environment

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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

 

Item                                                                                                                                                Page

 

6        Multicultural Working Party - Appointment of Community Members 2017-2019            53

 

7        Transportable Sheds and Ablutions Blocks for People who are Homeless                    56

 

 



Ordinary Meeting                                                                                                   10 April 2017

 

 

 

6

Multicultural Working Party - Appointment of Community Members 2017-2019   

 

Compiled by:               Tracy Leahy, Acting Community and Cultural Development Manager

Authorised by:            Janet Keegan, Acting Executive Manager - Community  

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Develop effective responses to the social impacts of growth, redevelopment and change

      

 

Executive Summary

Council, at its Policy Review Committee meeting of 14 November 2016, resolved to establish a Multicultural Working Party to enable representatives of multicultural communities to engage with Council and Contribute to social inclusion and community wellbeing in Penrith City.

 

There are up to eight (8) positions available on Council’s newly endorsed Multicultural Working Party. The term of appointment for community members is two (2) years.

 

This report considers and recommends the appointment of eight (8) community members to the Multicultural Working Party for a two-year term 2017-2019.

Background

Until recently Multicultural NSW had in place Regional Advisory Councils (RACs) as the principal mechanism for consultation between the NSW Government, representatives of multicultural communities and local government.

 

With recent changes to legislation and their consultative mechanisms Multicultural NSW has disbanded the Nepean Blacktown Regional Advisory Council covering Penrith, Blue Mountains, Hawkesbury and Blacktown LGAs and incorporated this region into Western Sydney RAC covering eight (8) LGAs. Local Government Councillors were previously represented on RACs, however with the changes local government Councillors cannot nominate for the RACs.

 

In addition, because West Sydney RAC now covers a much larger region it is also more difficult for community members in the Penrith LGA to be represented on the West Sydney RAC.

 

Council, at the Ordinary meeting of 28 November 2016 resolved that Councillors McKeown, Duke and Hoole are the Councillors on the Multicultural Working Party. Council, at its Policy Review Committee meeting of the 13 February 2017 endorsed the Terms of Reference (TOR) for the Multicultural Working Party. In accordance with the TOR Council officers commenced an Expression of Interest Process (EOI) for community members.

 

Recruitment Process

 

The recruitment process for the nomination of community members commenced on the 23 February 2017 and in accordance with the TOR for the Multicultural Working Party. Support was provided throughout the process to ensure all eligible members of the community had an equal opportunity to submit an EOI. Public notices were placed in the local press, on Council’s website and distributed through local multicultural and generalist services networks.

 

The criteria for the selection of community members are:

 

·    An understanding of Multicultural issues;

·    Familiarity with relevant legislation regarding Multiculturalism, for example the NSW Anti-Discrimination Act (1979), the NSW Local Government Act (1993) and the Multicultural NSW Act (2000);

·    A willingness to undertake induction, training and participate in a planning session and sub-groups;

·    Be a resident, work or studying in the Penrith Local Government Area.

 

Expressions of Interest-Community Nominations

 

Council received eight (8) Expressions of Interest (EOI). Applicants were initially assessed by Council officers from the Community and Cultural Development Department, taking into account the extent of expertise and experience of each applicant against the selection criteria. As requested Council officers discussed the EOI’s with the three (3) Councillors nominated to the Multicultural Working party including Councillor McKeown, Duke and Hoole to provide a further assessment of the applicants. As requested at the Policy Review committee on 13 February 2017 all Councillors have been provided with a memorandum with a list of all applicants.

 

It is recommended that the following eight (8) people be appointed to the Multicultural Working Party for the two-year term 2017-2019:

 

Dr Om Dhungyel

Bhutanese Community Leader

Mr Garang Agou

Chairperson Aweil  South Sudanese Community

Ms Elfa Moraitakis

CEO, SydWest Multicultural Services

Mr Jose Relunia JR

Philippine Community Council

Mr Joseph Rzepecki

Longstanding community member

Ms Laura Sardo

Manager, Nepean Multicultural Access

Ms Gity Shariati

Nepean Area Disability Organisation

Ms Nikolina Zonjic

Wentworth Healthcare Limited Primary Health Network

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Multicultural Working Party - Appointment of Community Members 2017-2019 be received.

2.      The following persons be appointed as community members of Council’s Multicultural Working Party for the two-year term 2017-2019:

·    Dr Om Dhungyel

·    Mr Garang Agou

·    Ms Elfa Moraitakis

·    Mr Jose Relunia JR

·    Mr Joseph Rzepecki

·    Ms Laura Sardo

·    Ms Gity Shariati

·    Ms Nikolina Zonjic

3.      A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Multicultural Working Party.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   10 April 2017

 

 

 

7

Transportable Sheds and Ablutions Blocks for People who are Homeless   

 

Compiled by:               Melissa McSeveny, Social Planning Coordinator

Authorised by:            Tracy Leahy, Acting Community and Cultural Development Manager 

Requested By:            Councillor Marcus Cornish

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Develop effective responses to the social impacts of growth, redevelopment and change

      

 

Executive Summary

The purpose of this report is to provide Council with an estimation of the cost and feasibility of supplying 6 Atco style movable 6m sheds and portable toilets and showers to provide overnight shelter for people who are homeless.

 

The report responds to issues around:

·    Suitable sites of Government owned land for such a project on a trial basis

·    Having the facilities available for night time use only

·    The ongoing costs of the service and a suitable contribution from users

·    A timeframe for implementing such a project.

 

The estimated cost to Council to purchase and set up 7 6x3m movable sheds (6 for people to sleep in and one for community purposes, as required by state legislation) is $146,681 - $221,681, before any required modifications and kitchen facilities are provided.  The estimated ongoing cost of managing the buildings would be $256,895 - $257,795 per year.  The cost for leasing land, if required, would be additional to these costs.

 

More emergency and transitional housing is needed for homeless people in Penrith.  However, 6x3m Atco movable sheds with hired toilets and showers would not meet the Building Code of Australia (BCA) requirements for accommodating people, without modification and the addition of kitchen facilities. The development application could only be approved if the dwellings were placed on an appropriate site and met the definitions and requirements for ‘moveable dwellings’ or a ‘boarding house’.

 

There are movable dwellings available which would be suitable for housing vulnerable tenants, if they were placed on an appropriate site and included specialist homelessness support for tenants as set out in state government guidelines.  

 

A suitable contribution from users is difficult to estimate as there is no project known that has set a precedent with shelters that are only open at night-time for a fee.  $10 per tenant per night, would result in an income of $20,586 per year.  However, given the buildings would depreciate in value and the suggested project model is not likely to deliver long term positive outcomes for the tenants or wider community, the set up cost and ongoing costs to Council would not be an investment, financial or otherwise.

 

The timeframe to begin such a project would be at least 12 months, including funding and approving the use of suitable land, the DA process, procuring the buildings and setting up the policy and administrative processes involved in managing the buildings and users.

Background

Homelessness is complex and requires a range of solutions to meet the needs of vulnerable people.  Homelessness is caused by such things as a lack of affordable housing, disconnection from government services (such as health, aged care, and human services), family and community circumstances (such as domestic and family violence and relationship breakdown), and personal vulnerability (such as health, mental illness, disability).[1]

 

There have been recent reports in local media about homelessness in Penrith, people sleeping rough in carparks, the work being done by local homelessness service providers, and possible solutions for housing people who are homeless.[2]

 

Council officers in the Community and Cultural Development Department work with Specialist Homelessness Services (SHS) providers and volunteer-based organisations to strengthen effective referral pathways to prevent, intervene early and exit people from homelessness.  Council has a Protocol for Service Delivery to People Experiencing

Homelessness, which is based on a Human Rights Framework to ensure that people who are homeless are treated appropriately and that their rights are respected. 

 

As a result of the Council initiated Penrith Homelessness Summit in 2014, the Penrith Homelessness Interagency (PHI) was established.  The PHI, convened by Council, is currently mapping homelessness services in the LGA to assist organisations in understanding what funded and non-funded services are currently available to the community and identifying gaps in the service system.

 

The Community and Cultural Development Department also works to prevent some of the causes of homelessness.  Through an MOU with NSW Family and Community Services (FACS) Council strategically plans for increases in social housing, and in partnership with Community Housing Providers (CHPs) Council supports increases to affordable rental housing.

 

Although there is a little more affordable rental housing in the private market in the Nepean Blue Mountains District (Penrith, Hawkesbury and Blue Mountains LGAs) than the very low average for Sydney as a whole, there are still very high proportions of lower income rental households in housing stress in the district.[3]

 

In the last quarter of 2016, FACS services provided temporary accommodation to approximately 375 homeless people in the Nepean Blue Mountains District.[4]

 

The Mayor, Councillor John Thain and Councillor Karen McKeown are currently ambassadors of a project (Heading Home – Ending Homelessness Here) led by The Mercy Foundation, Mission Australia, Wentworth Community Housing and Platform Youth Services and supported by Council.  In November 2016, the project led the counting and assessment of the needs of people in the district who are chronically homeless.  The majority of respondents were assessed as requiring housing and short term support, as opposed to long term support for complex issues. 

 

Housing People Who Have Been Homeless

To effectively provide long term benefits to people experiencing homelessness and the wider community, secure tenure in housing along with intensive, trauma-informed support is needed. Where demand for affordable long-term housing exceeds supply, transitional housing with support services can provide a safety net for vulnerable people.  Tenants can then acquire the skills and stability required for moving on to more permanent housing when they’re ready.[5]  Some temporary housing programs ensure part of the tenants’ rental payments are put aside to save for a bond on a future rental property on the private market, once they are ready to move on.

 

The primary response to homelessness in NSW is the SHS program, with funds from the Australian Government being administered by NSW FACS to non-government service providers.  These SHS providers deliver supported accommodation services such as youth refuges, women’s refuges, and transitional support services that provide outreach support to people experiencing homelessness.

 

Movable Buildings as Accommodation

Atco is a private company that provides purchase and/or hire of movable sheds, site offices, demountable classrooms and portable toilets and ablutions blocks.

 

An Atco Mobile Site Shed that measures 6x3m would usually serve as an onsite office, first-aid room or meeting room.  It would cost $19,853 to purchase one building, transport it to the site, and secure it in place on concrete blocks.  State legislation for an ‘estate of moveable dwellings’ requires that a building also be provided for community and recreational activities.  

To provide 6 sheds and one additional shed for community purposes would cost $138,971.  Sufficient kitchen facilities will also be required onsite to meet state legislation.  These could be built in each dwelling, or provided in a separate building as a shared facility.

 

The cost of delivering one hireable movable toilet that connects to sewer (as required by Council if placed on a site serviced by sewer), as well as one shower that connects to portable gas for water heating, would be $155. The ongoing hiring cost of one toilet and one shower would be $225 per week ($11,648 per year).  Connection to services, such as sewerage, electricity and water, for any building can cost up to and over $80,000 depending on the chosen site for the project. It should be noted that the building value would depreciate with time.

 

As a project for assisting people who are homeless, the sheds as made by Atco, would not meet practice guidelines as provided by NSW FACS if provided as shelter alone. In terms of compliance with the BCA, the type of development would best fit the definition of a Class 3 building, similar to a single occupancy unit usually provided by a hotel or hostel. To comply with the BCA:

·    at least one of the units would require modification to ensure accessibility for people with disabilities

·    at least one shower and toilet would need to be accessible to people with disability

·    all units would require hard-wired smoke detectors and portable fire extinguishers for fire safety

·    all units would need to comply with energy efficiency requirements, with modifications such as further insulation

·    All would need to be 3m from the property boundary and 6m from each other, to avoid the extra expense of fire rating.

 

To comply with Council’s health requirements, if the development site is within 60m of a main road or railway, it must also have acoustic insulation.

 

An estimated summary of costs, excluding the cost of any modifications to comply with the BCA and state legislation, is:

 

One-off Set Up Expense

Cost

6 Atco sheds purchased, delivered and secured on site

$138,971

Set up of 2 toilets and 2 showers

$310

Kitchen facilities

TBC

(quote can be obtained if required)

Connection of toilet to sewerage, electricity and water

$5,000 - $80,000 (depending on chosen site)

Modification costs

TBC

(quote can be obtained if required)

Beds and bedding

$2000

Design and printing of brochure for raising awareness of service

$400

Total

$146,681 - $221,681

(plus any modification & kitchen facility costs)

 

Ongoing Expense[6]:

Cost per dwelling per year

Cost for 6 dwellings per year

Lease of land if required

 

 

TBC

(dependent on chosen site)

Estimated administration staffing cost (managing users and business processes related to the property/dwellings, 0.3 FTE)

 

$20,000

Estimated cost of 2 x staff onsite (for collecting fees, opening and locking dwellings, security services throughout night)

 

$195,000

Responsive maintenance (fixing such things as damage from the result of an accident)

$600

$3,600

Cyclical maintenance (replacement of floorcovering, painting etc.)

$350

$2,100

Council Rates

$0 - $150 (dependent on chosen site)

$0 - $900

Water Rates

$500

$3,000

Utility charges

$500

$3,000

Insurances

$150

$900

Hiring of 2 toilets and 2 showers

 

$23,296

Laundry for linen

TBC

TBC

Fee to Specialist Homelessness Service Provider

$1000

$6000

Total

 

$256,895 - $257,795

 

There are private and not-for-profit organisations which sell and build self-contained dwellings that would be more suitable for housing vulnerable tenants, as long as a ‘supported housing’ model is used and tenants are given housing as well as support from a local Specialist Homelessness Service.

 

A “Tiny Homes” project in Gosford, currently being investigated by the “Heading Home – Ending Homelessness Here” project has been able to build 6 dwellings (4 for independent living and 2 for laundry and common area) for a total of $30,000.  This development was approved by Central Coast Council as a ‘boarding house’. Tenants will lease dwellings at an affordable rate, pay utility expenses and be supported by caseworkers from a local SHS provider.

 

Any movable buildings for housing people would be subject to the assessment of a DA which shows that the buildings are:

·    proposed for an appropriate site in terms of zoning and permissibility

·    not impacting the area it is placed by significantly detracting from the quality and amenity of the area

·    not negatively impacting the surrounding lands uses and infrastructure (sites in close proximity to rail corridors or classified roads would require a more detailed environmental assessment which contributes to costs and migration measures)

 

Provision of Land

The size of land required for this development would be roughly 1000m2 to meet BCA and state legislation requirements for an estate of 6 moveable dwellings and a community building. 

 

If the development was approved as a ‘boarding house’, it would be permissible in R1, R3, R4, B1, B2 and B4 zones and Council would need to ensure it met best practice by choosing a site located suitably close to services.

 

Council’s Property Development Department has advised that there may be some suitably sized and located sites for a project to house people who are homeless with movable buildings, but are currently undertaking a review of Council owned land, and will be able to provide more specific advice within coming months, if required.  The decision to use Penrith City Council owned land for a project would need to be ultimately endorsed by Council.

 

If required, Council’s Information and Communication Department are able to provide a map of land owned by other Government organisations within the Penrith LGA. 

 

Shelter Being Used at Night-time Only

As stated, shelter at limited times without trauma-informed case management services to address the needs of the tenants, would not meet the practice standards provided by state government.

 

A project which houses people who have been homeless and provides case management services to support the tenants would ensure the safety of the tenants and reduce the risk of antisocial behaviour.  Council could also support the SHS providers in improving the health and wellbeing of tenants, and encourage a sense of belonging in the Penrith community, in line with outcome 6 of the Community Plan.

 

Contribution from Tenants toward Costs

A suitable contribution from users is difficult to estimate as there is no precedent known for basic shelters that are only open at night-time for a fee from users.  If $10 was charged per tenant per night, and a 6% vacancy rate was accounted for (the expected vacancy rate for transitional housing), the income would total $20,586 per year.

 

With a setup cost of $146,681 - $221,681 and an ongoing cost of over $250,000 per year, the $20,586 income, the project would:

·    take at least 7 years to recoup set up costs

·    operate at a loss of roughly $230,000 each year

 

With or without a contribution from each user, a project model that is not designed on an evidence base of best practice, is likely to present an ongoing financial cost to Council, without any long-term benefit to the tenants or wider community. 

 

Timeframe for implementing pilot project

It is estimated that it would take at least 12 months to set up a pilot of the project, including:

·    Finding a suitable site

·    Negotiating lease of the site from owner, if required

·    Council endorsing the use of the site, if required

·    Establishment of policy for tenant management

·    Establishment of administrative processes to manage buildings and tenants

·    Submission and assessment of DA (including community consultation)

·    Procurement of suitable buildings (adhering to Council’s Supply Policy)

·    Preparation of land for the chosen buildings

·    Delivery and set up of buildings

·    Employment of staff to provide services onsite (opening and closing sheds and providing security etc.)

·    Connection of buildings to services

 

 

RECOMMENDATION

That the information contained in the report on Transportable Sheds and Ablutions Blocks for People who are Homeless be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

8        Status on the Recovery of Council’s Legal Costs from Penrith Action Group Inc          65

 

 

 



Ordinary Meeting                                                                                                   10 April 2017

 

 

 

8

Status on the Recovery of Council’s Legal Costs from Penrith Action Group Inc   

 

Compiled by:               Matthew Bullivant, Legal Services Manager

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide Council with legal administration, conveyancing and advice services

      

 

Executive Summary

In late 2015, Council was the Respondent in two sets of proceedings in the Land and Environment Court relating to challenges to two decisions of Council to grant consent to development for Places of Public Worship on 2 separate sites in Kemps Creek. The parties with the benefit of development consents are Imam Ali Limited (“Imam”) and Muhammadi Welfare Association Incorporated (“Muhammadi”).

 

The appeals were brought before the Court by Protect Penrith Action Group Inc (Protect Penrith). Protect Penrith is an unincorporated associated formed pursuant to the Associations Incorporations Act 2009.

 

In relation to the proceedings relating to the consent held by Imam, the Chief Judge endorsed a set of orders that were agreed to by the parties. Those orders mean that:

 

1.   The proceedings were discontinued;

2.   The Protect Penrith Action Group Inc is barred from re-commencing any proceedings against Council and/or Imam arising out of the same set of facts;

3.   The Protect Penrith Action Group Inc has agreed and the Court has ordered that they pay Council’s and Imam’s costs as agreed or assessed by a costs assessor.

 

The costs payable to Imam are up to a maximum of $40,000.

 

In the proceedings relating to the consent held by Muhammadi, the Chief Judge dismissed the applicant’s appeal and ordered that the applicant pay Council’s costs. The Chief Judge also ordered the applicant to pay Muhammadi’s costs up to a maximum of $25,000.

 

The two decisions of the Court uphold Council’s decisions to approve the development applications at the Ordinary meetings held on 27 October 2014 and 24 November 2014.

 

Background

 

At its meeting held on 27 October 2014, the Council granted consent to Imam to carry out a development for the purposes of a Place of Public Worship (DA13/1467) located at 81-89 Clifton Avenue, Kemps Creek.

 

At a subsequent meeting of Council held on 24 November 2014, Council granted consent to Muhammadi, also for the purposes of a Place of Public Worship (DA13/1271) located at 1247-1253 Mamre Road, Kemps Creek.

 

On 23 February 2015 Council was served with a Summons on behalf of the applicant which sought to challenge the validity of the development consents granted by Council in relation to the above properties.

 

In both sets of Land and Environment Court proceedings, the applicant sought orders from the Court that the consents be declared invalid and that Imam and Muhammadi be restrained from commencing development pursuant to the respective consents. The applicant also sought an order that Council pay the applicant’s costs.

 

In its Summons, the applicant indicated that it was relying on 8 grounds of appeal. In the proceedings involving Imam, the applicant discontinued the proceedings on the morning of the hearing, meaning that it did not pursue any of the grounds of appeal. In the proceedings involving Muhammadi, the applicant relied on only one of the 8 grounds of appeal, being that:

 

In granting consent, the Council failed to consider adequately or at all the evaluation criteria of s. 79C of the Environmental Planning and Assessment Act 1979 by failing to satisfy the requirements of the LEP.

 

There were a considerable number of Court appearances in both matters from the time the proceedings commenced. The following provides an overview of those appearances:

 

  20 March 2015

The matter was listed before the Court. The Court advised the applicant’s legal representative that the parties who had the benefit of the consent should be joined as parties to the proceedings and adjourned the matter until 17 April 2015 to allow the applicant time to serve the proceedings on the parties with the benefit of the consents.

  17 April 2015

The Court imposed Orders for the exchange of information and for the filing of evidence. The applicant did not comply with the timetable, and therefore the matter was listed before the Court again on 8 May 2015.

  8 May 2015

The Court was advised of the applicant’s failure to file evidence. The Court amended the timetable for the filing of evidence. The Court directed that the matter come back before the Court on 12 June 2015.

 

  12 June 2015

The Court was advised again that the applicant had not complied with the timetable for filing evidence. The Court further amended the timetable. The Court directed that the matter come back before the Court on 14 August 2015.

 

  14 August 2015

 

The matter was listed before Justice Pain. She indicated that this was the fifth occasion that the matter had been mentioned.

 

The Judge made the following Orders:

 

1.   The applicant is to file and serve all lay evidence upon which it relies no later than 5:00pm on 21 August 2015, otherwise it will lose the opportunity to put on any evidence unless the Court grants further permission;

2.   The applicant is to advise the respondents by 25 August 2015 whether it intends on seeking leave from the Court to rely on any expert evidence, and whether it wants to request that the Court make a Protective Costs Order (which it may seek in order to limit the Applicant’s exposure to pay the respondents’ costs if it is unsuccessful);

3.   The applicant is to pay the respondents’ costs of the directions hearing on 14 August 2015. 

4.   Matters are listed again for directions on 28 August 2015. The Court will list the matters for hearing on this occasion.

 

  28 August 2015

The applicant’s lawyer sought an adjournment on its motion to seek to rely on expert evidence. The Court granted the adjournment on the basis that the applicant pays the respondents’ legal costs of the day. The applicant reached agreement with Imam and Muhammadi on the value of the legal costs that the applicant would pay those parties if the Court upheld the consents.

 16 September 2015

 

The applicant again sought an adjournment of its motion to rely on expert evidence (in the form of a social impact expert). The Court granted the adjournment on the basis that the applicant pays the respondents’ legal costs of the day.

  8 October 2015

The applicant’s motion to rely on expert evidence on social impact was dismissed by the Court. The Court also ordered the applicant to pay the Council’s costs.

 

Hearing of the Matters

 

The matter relating to Imam was listed for hearing on 24 and 25 November 2015, whilst the matter relating to Muhammadi was listed for hearing on 30 November and 1 December 2015.

 

The Chief Justice Preston (Chief Judge) was appointed to hear both matters.

 

Imam outcome

 

When the matter commenced, the Barrister representing the Protect Penrith Action Group Inc advised the Court that he had instructions to discontinue the proceedings.

 

The Chief Judge endorsed a set of orders that were agreed to by the parties. Those orders mean that:

 

1.   The proceedings were discontinued;

2.   The Protect Penrith Action Group Inc is barred from re-commencing any proceedings against Council and/or Imam arising out of the same set of facts;

3.   Protect Penrith Action Group Inc has agreed and the Court has ordered that they pay Council’s and Imam’s costs as agreed or assessed by a costs assessor.

 

The costs payable to Imam are up to a maximum of $40,000.

 

It is not known as to the reasons why the applicant decided on this course of action when the proceedings had advanced all the way to the hearing.

 

Muhammadi outcome

 

As indicated earlier in this report, in the proceedings involving Muhammadi, the applicant relied on only one ground of appeal, being that:

 

The Council failed to consider adequately or at all the evaluation criteria of s. 79C of the Environmental Planning and Assessment Act 1979 by failing to satisfy the requirements of the LEP.

 

The Chief Judge ordered that the applicant’s appeal be dismissed on the basis that Council fulfilled its statutory assessment obligations and that they be ordered to pay Council’s costs.

 

Further, the Chief Judge also ordered that the applicant pay Muhammadi’s costs up to a maximum of $25,000.

 

Legal Costs

 

Since the Judgments, Council attempted to negotiate an agreed amount of costs with Protect Penrith’s Solicitor. An agreement was unable to be negotiated, and therefore Council engaged an expert to assess its costs (a requirement of the process to recovering costs). That assessment concluded that Council expended $114,472.67 in defending both proceedings.

 

The next step in the process was to make an application to the Supreme Court to have Council’s costs assessed by a Cost Assessor appointed by the Supreme Court. That process has been undertaken and the Cost Assessor has allowed Council to recover $91,673.71, plus $6922.29 in relation to Council’s costs of having to undertake the costs assessment process.

 

A letter dated 23 December 2016 was sent to the lawyer for Protect Penrith requesting payment of Council’s costs. No response has been received.

 

Therefore, the options available to Council are:

 

1.       Council could commence debt recovery proceedings to recover the outstanding monies. If Protect Penrith is unable to pay the costs, then the process would involve an application to wind up the entity.

 

Unfortunately, there is no current information available on the financial status of Protect Penrith. Protect Penrith under the law is required to lodge annual financial summaries to the Department of Fair Trading within 1 month of holding an Annual General Meeting. A search of the Department of Fair Trading records revealed that Protect Penrith was incorporated on 16 December 2014, and that it has never complied with the statutory requirement to lodge annual financial summaries. Council officers have been advised by a representative of the Department of Fair Trading that a compliance notice has been issued to Protect Penrith.

 

If the entity does not have funds to pay Council’s costs, and if the entity is wound up, then it would no longer be able to carry out any activities.

 

2.    Council has the option of not attempting to recover the costs.

 

It is recommended that the Council pursue debt recovery proceedings, and if Protect Penrith does not have sufficient funds to pay the Council’s costs in the amount assessed by the Costs Assessor ($98,596) then wind up action be conducted.

 

It should be noted that the Land and Environment Court has power to specify the maximum costs that may be recoverable at the outset of proceedings, rather than once litigation has concluded. The Court imposed such an order in relation to costs payable by Protect Penrith if it lost the cases against Imam ($40,000) and Muhammadi ($25,000). The Court did so on the basis that those parties agreed to the basis and value of the order.

 

In the early stages of the cases, Protect Penrith offered to pay Council’s costs up to $15,000 only. That offer was rejected on the basis that the amount was well below what council would expect to outlay in the proceedings.

 

Council’s Barrister advised that the Court was unlikely to impose an order protecting Council’s costs because the matter was brought as a public interest matter. The Court’s attitude is that applicants to Public Interest matters should not be deterred because of having to secure the costs of the other party up front.

 

 

RECOMMENDATION

That:

1.    The Status on the Recovery of Council’s Legal Costs from Penrith Action Group Inc be received.

2.    The Council pursue debt recovery proceedings, and if Protect Penrith does not have sufficient funds to pay the Council’s costs in the amount assessed by the Costs Assessor ($98,596) then wind up action be conducted.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 10 April 2017

Report Title:            Development Application No. DA16/0833 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Building containing 49 Apartments & Two (2) Levels of Basement Car Parking at Lots 10-11 Sec 20 DP 2296 (Nos 134-140) High Street, Penrith

Attachments:           Locality Map

                                Architectural Plans



Ordinary Meeting                                                                                                                 10 April 2017

Attachment 1 - Locality Map

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 2 - Architectural Plans

 


 


 


 


 


 


 


 


 


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 10 April 2017

Report Title:            Development Application DA16/0330 Demolition of Existing garage and carport and alterations and additions to the existing dwelling Lot 10 DP 1014266 (No. 5) Riverbank Drive, Emu Heights

Attachments:           DA16/0330 - Locality Map

                                DA16/0330 - Amended Roof Plan

                                DA16/0330 - Perspective Elevations

                                DA16/0330 - Plans Dwelling Additions



Ordinary Meeting                                                                                                                 10 April 2017

Attachment 1 - DA16/0330 - Locality Map

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 2 - DA16/0330 - Amended Roof Plan

 


Ordinary Meeting                                                                                                                 10 April 2017

Attachment 3 - DA16/0330 - Perspective Elevations

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 4 - DA16/0330 - Plans Dwelling Additions

 


 


 


 


 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 10 April 2017

Report Title:            Proposed Reclassification of Public Land in the City Centre (Union Road and Welch Place Car Parks)

Attachments:           Site Location

                                Public Hearing Report

                                Car Parking Provision in the City Centre



Ordinary Meeting                                                                                                                 10 April 2017

Attachment 1 - Site Location

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 2 - Public Hearing Report

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 3 - Car Parking Provision in the City Centre

 


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 10 April 2017

Report Title:            Submission on NSW Government's Planning Legislation Updates

Attachments:           Objectives and Initiatives of the proposed updates

                                Draft Submission



Ordinary Meeting                                                                                                                 10 April 2017

Attachment 1 - Objectives and Initiatives of the proposed updates

 

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Ordinary Meeting                                                                                                                 10 April 2017

Attachment 2 - Draft Submission

 

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ATTACHMENT       

 

 

 


Date of Meeting:     10 April 2017

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2016-2017 Voted Works

 

 

 

 

 

 

 

 



[1] ‘HomeGround Transitional Housing Summary Report’, Thomson Goodall Associates

[2] Penrith Press, Western Weekender

[3] ‘Housing Stress’ is defined by NSW FACS as lower income households in the private rental market paying more than 30% of their income in rent.  In the Penrith LGA in 2013, over 90% of Very Low Income households (where the household income is less than 50% of the Sydney median income) were in Housing Stress as well as over 50% of Low Income households (50-80% of median income).[3]

[4] FACS NSW

[5] Thomson Goodall Associates, ‘HomeGround Transitional Housing Summary Report’

[6] These costs were estimated and advised by a local Community Housing Provider