19 April 2010 at 7:30PM

14 April 2010

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 19 April 2010 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 - 22 March 2010.

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 THE MEETING 6. MAYORAL MINUTES 7. NOTICES OF MOTION Penrith Press Article of 26 March 2010.

8. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Waste Services Committee Meeting - 25 March 2010. Policy Review Committee Meeting - 29 March 2010. Local Traffic Committee Meeting - 12 April 2010.

9. DELIVERY PROGRAM REPORTS 10. URGENT REPORTS (to be dealt with in the delivery program to which the item relates) 11. QUESTIONS WITHOUT NOTICE 12. COMMITTEE OF THE WHOLE

Enquiries regarding this Business Paper should be directed to the Acting Executive Officer, Mr Glenn Schuil on (02) 4732 7856

ORDINARY MEETING

MONDAY 19 APRIL 2010

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

NOTICES OF MOTION

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.”

For members of the Council Chambers public addressing the meeting Seating Arrangements Group Managers Lectern

Clr Marko Malkoc

East Ward

Media Clr Tanya Davies Director East Ward Craig Butler

Clr Ben Goldfinch North Ward Director Barry Husking Clr Mark Davies South Ward

Clr Robert Ardill General South Ward Manager Alan Stoneham Clr Ross Fowler OAM

Deputy Mayor His Worship North Ward the Mayor Councillor Clr Jim Aitken OAM Kevin Crameri South Ward OAM North Ward Clr Jackie Greenow Public Gallery East Ward Acting Clr John Thain Executive North Ward Officer Glenn Schuil Clr Greg Davies East Ward

Clr Kath Presdee North Ward Minute Clerk Clr Karen McKeown South Ward

Clr Prue Guillaume South Ward Clr Kaylene Allison East Ward

Group Managers

Managers

2010 MEETING CALENDAR February 2010 - December 2010 (adopted by Council 9/11/09)

FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC

TIME Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon 13 1 3 12 9# 6 11♦ 8# (7.00pm) Ordinary Council Meeting 7.30pm 27^ 22# 22 19 24# 21* 29 (7.00pm) 15 8 10 16 13@ 15 Policy Review Committee 7.30pm 29@ 28 19 30 18

Operational Plan Public Forum 6.00pm 31

Meeting at which the Draft Operational Plan for 2010/2011 is adopted for exhibition * Meeting at which the Operational Plan for 2010/2011 is adopted # Meetings at which the Operational Plan quarterly reviews are presented @ Delivery Program progress reports ^ Election of Mayor/Deputy Mayor Meeting at which the 2009/2010 Annual Statements are presented ♦ Meeting at which any comments on the 2009/2010 Annual Statements are presented - Extraordinary Meetings are held as required. - Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Acting Executive Officer, Glenn Schuil.

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 22 MARCH 2010 AT 7:37PM

NATIONAL ANTHEM The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION His Worship the Mayor, Councillor Kevin Crameri OAM 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 Kevin Crameri OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies (arrived at 8:05 pm), Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

APOLOGIES 58 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow that the apology be accepted for Councillor Jim Aitken OAM, and that an apology be accepted from Councillor Mark Davies for his late arrival at the meeting.

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 February 2010 59 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc that the minutes of the Ordinary Meeting of 22 February 2010 be confirmed.

DECLARATIONS OF INTEREST His Worship the Mayor, Councillor Kevin Crameri OAM, declared a Non-Pecuniary Interest – Significant in Item 15 – Relocation of Llandilo Rural Fire Brigade Station, as he is a Deputy Captain of this Brigade. Councillor Crameri stated that he would vacate the Chair during consideration of and voting on this matter.

This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

MAYORAL MINUTES

1 The passing of Alf Randell OAM Councillors Greg Davies, Jackie Greenow, John Thain and Ross Fowler OAM responded to the Mayoral Minute.

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

That:

1. The Mayoral Minute on The passing of Alf Randell OAM be received.

2. Council erect a plaque in memory of Alf and Billie Randell at the former St Marys Council Chambers, to be unveiled at the official opening of the St Marys Corner Community and Cultural Precinct on 29 May 2010.

2 Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President Councillors Ross Fowler OAM, Kath Presdee, John Thain, Greg Davies, Tanya Davies and Jackie Greenow responded to the Mayoral Minute.

61 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President be received.

3 Council staff response to emergency situation Councillor Mark Davies arrived at the meeting, the time being 8:05 pm. Councillor John Thain acknowledged the efforts of Council staff in response to a fire at Dunheved Road, St Marys on 20 March 2010.

62 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the Mayoral Minute on Council staff response to emergency situation be received.

REPORTS OF COMMITTEES

1 Report and Recommendations of the Access Committee Meeting held on 3 February 2010 63 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Robert Ardill that the Recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 February, 2010 be adopted.

This is Page No 2 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

2 Report and Recommendations of the Local Traffic Committee Meeting held on 1 March 2010 64 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 March, 2010 be adopted.

3 Report and Recommendations of the Policy Review Committee Meeting held on 8 March 2010 65 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Prue Guillaume that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 March, 2010, wit the exception of Item 2 – Waterside Estate – Acoustic Buffer, be adopted.

Report and Recommendations of the Policy Review Committee Meeting held on 8 March 2010 – Item 2 – Waterside Estate – Acoustic Buffer

66 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Karen McKeown that the recommendation contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 March, 2010, in relation to Item 2 – Waterside Estate – Acoustic Buffer, be adopted.

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

For Against Councillor Kaylene Allison Councillor Prue Guillaume Councillor Karen McKeown Councillor Kath Presdee Councillor Greg Davies Councillor John Thain Councillor Jackie Greenow Councillor Ross Fowler OAM Councillor Robert Ardill Councillor Mark Davies Councillor Ben Goldfinch Councillor Tanya Davies Councillor Marko Malkoc Councillor Kevin Crameri OAM

4 Report and Recommendations of the Waste Services Committee Meeting held on 24 February 2010 67 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 24 February, 2010 be adopted.

This is Page No 3 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

DELIVERY PROGRAM REPORTS

A LEADING CITY

1 Legal Matter - Provision of Council's External Legal Services 68 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Legal Matter - Provision of Council's External Legal Services be received. 2. Council officers advertise for expressions of interest for up to two firms to be added (in addition to Gadens Lawyers) to Council’s legal panel for a period of 2 years. 3. The contractual arrangements with Gadens Lawyers continue in accordance with the terms of the contract already in place between Council and Gadens Lawyers. 4. DLA Phillips Fox and Playford, Thomson, Cutlers be advised that Council is to advertise for Expressions of Interest for two firms to be added to Council’s legal panel, for a period of two years and that they may lodge an Expression of Interest within that process should they wish to do so.

3 Council Property - Road Closure - Part of Strathdon Road, Emu Heights 69 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Council Property - Road Closure - Part of Strathdon Road, Emu Heights be received. 2. Council approve an initial road closure application to be submitted to Land & Property Management Authority of NSW as outlined in the report. 3. A further report be submitted to Council if the road closure application is approved by Land & Property Management Authority of NSW, in regard to agreed sale negotiations with the adjoining owner.

4 2009-10 Borrowing Program 70 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch That: 1. The information contained in the report on 2009-10 Borrowing Program be received. 2. Council borrow the amount of $4,113,000 on a 10 year repayment schedule.

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3. Council’s General Manager be authorised to negotiate appropriate loan terms in accordance with this report and resolution. 4. The Common Seal of the Council of the City of Penrith Seal be affixed to those documents that are necessary to finalise these borrowings. 5. The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

5 Summary of Investments and Banking for the period 1 February to 28 February 71 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Summary of Investments and Banking for the period 1 February to 28 February be received 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2010 to 28 February 2010 be noted and accepted. 3. The graphical investment analysis as at 28 February 2010 be noted.

2 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government 72 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government be received. 2. Council nominate Councillor Ross Fowler OAM as its voting delegate for the 2010 National General Assembly of Local Government. 3. Council nominate Councillors Jim Aitken OAM, Marko Malkoc and Karen McKeown to attend as observers at the 2010 National General Assembly of Local Government. 4. Leave of Absence be granted to all Councillors attending the 2010 National General Assembly of Local Government to be held in Canberra from 14-17 June 2010. 5. A further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 29 March 2010.

This is Page No 5 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

20 Proposed membership of Council's Waste Services Committee 73 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain That: 1. The information contained in the report on Proposed membership of Council's Waste Services Committee be received. 2. The Council endorses the applications from Patricia Ryan, Andrew Wilcox, Trevor Robey and John Kliese to be community members on the Waste Services Committee; and that a reserve list with an order of preference of Dianne Darlington and Gina Thomas be established in the event that a nominated representative declines their nomination. 3. The Council send a letter of appreciation to all unsuccessful applicants that nominated to be a member on the Waste Services Committee. 4. Councillors Marko Malkoc, Tanya Davies, Greg Davies, Kath Presdee and His Worship the Mayor, Kevin Crameri OAM be appointed as members to the Waste Services Committee.

A CITY OF OPPORTUNITIES

6 Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 74 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the information contained in the report on Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 be received.

7 Grant Applications - Positive Ageing and St Marys Kitchen 75 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Grant Applications - Positive Ageing and St Marys Kitchen be received. 2. Council retrospectively endorse the two grant applications summarised in this report.

This is Page No 6 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

A GREEN CITY

8 Housing NSW Green Street Program 76 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Robert Ardill That: 1. The information contained in the report on the Housing NSW Green Street Program be received. 2. Council agree to participate in the Housing NSW Green Street Program, commencing in selected streets in Cranebrook.

3. A further report be presented to Council evaluating the community and environmental outcomes achieved through program implementation in Cranebrook.

9 Three successful environmental grants 77 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Three successful environmental grants be received. 2. The grant funding offered to Penrith City Council be accepted. 3. Council write to the three funding bodies accepting the grants, thanking them for the opportunity to access important environmental funding to assist with improving Penrith’s natural environment. 4. Council write to the relevant Ministers thanking them for the grants provided, and also to the Local Members thanking them for their support in obtaining these grants.

10 Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park 78 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tanya Davies That: 1. The information contained in the report on Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park be received. 2. Council prepare Notices of Intention to Serve an Order No. 6 under Section 121B of the Act, incorporating all items identified by the Brigade and Council. 3. The Brigade be advised on the action taken by Council.

This is Page No 7 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

11 Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area. Applicant: Lensworth Glenmore Park C/O Byrnes PDM Pty Ltd; Owner: Lensworth Glenmore Park 79 RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Tanya Davies That: 1. The information contained in the report on Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area be received. 2. The Precinct B Concept Plan be endorsed by Council. 3. A separate report be presented to Council outlining the form of playing fields intended to be included in Glenmore Park Stage 2 Release Area, including details of Council’s ongoing asset management.

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

12 Development Application DA09/0599 Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park. Applicant: Maderinn Group Pty Ltd; Owner: Oen Zoan Castle Hill Property Investment Group Pty Ltd DA09/0599 80 RESOLVED on the MOTION of Councillor Kaylene Allison seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application DA09/0599 Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park be received.

This is Page No 8 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

2. The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to the rear setback provisions under Clause 12(4) of Penrith Local Environmental Plan 1998 (Urban Land) be supported. 3. Development Application DA09/0599 Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park be approved subject to the following conditions: Standard Conditions 3.1 A001 Approved plans A008 Works to BCA requirements A009 Residential works DCP A011 Engineering works DCP A014 Lot consolidation A019 Occupation Certificate A038 Lighting locations A039 Graffiti A046 Obtain Construction Certificate before commencement of works B001 Demolition of existing structures B002 Australian Standard for demolition and disposal to approved landfill site B003 Asbestos B004 Dust B005 Mud/soil B006 Hours of demolition work C003 Uncovering relics D001 Implement approved sediment and erosion control measures D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste E001 BCA compliance E006 Disabled access and facilities for Villa No.5 G002 Section 73 G004 Integral Energy H001 Stamped plans and erection of site notice (Class 2-9) H002 Provision of site facilities prior to commencement of construction works H006 Implement waste management plan

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H025 Construction of garbage rooms H033 Clothes drying facilities H036 Rainwater tank H037 Safe supply of water from catchment areas H038 Connection of rainwater tank supply H039 Rainwater tank pumps H041 Hours of construction work I003 Roads Act approval K001 Engineering Construction Certificate L001 Approved landscaping plans L002 Landscaping construction L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements M013 Street trees N001 Cultural Facilities - $1,498.00 N002 District Open Space - $27,199.00 N003 Footpath - $1,064.00 N004 Local Open Space - $9,845.00 P001 Costs P002 Fees associated with Council land Q01F Notice of commencement and appointment of PCA Q010 BASIX Certificate Special Conditions 3.2 In order to improve surveillance, landscaping shall provide clear lines of sight and avoid concealment areas in public areas, along footpaths and along the frontages of the site 3.3 Dense vegetation and shrubs with top to bottom foliage shall be avoided. Low ground cover or high canopied vegetation is preferred to enable clear sight lines and maintain visibility 3.4 All walkways and common areas within the development shall be open and clear of potential entrapment spots 3.5 Access to the private courtyards of the residential units shall be restricted to residents and their authorised guests only. Access control or territorial reinforcement measures shall be put in place to clearly separate public and private spaces. This can be in the form of fencing or landscaping treatments which clearly define the private space

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3.6 All buildings shall be clearly identified with visible street numbers to assist visitors and emergency services 3.7 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works (a) On-site detention system (b) Car park

Civil design drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards

3.8 Stormwater drainage from the site shall be discharged to the: (a) Penrith City Council’s trunk drainage system behind the property

The proposed stormwater drainage system shall be designed to ensure no adverse impact on adjoining properties by the diversion or concentration of stormwater flows.

The proposed method of stormwater discharge shall be detailed in the Construction Certificate issued by the Certifying Authority

3.9 On-site detention shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Moderinn Group, reference number 09HR260 D02 revision C, dated 18/06/09. Engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

3.10 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that vehicular access, pedestrian access, manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS2890.2 and Penrith City Council’s Development Control Plan. 3.11 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the foundations of proposed structures adjoining the drainage and/ or services easement have been designed

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clear of the zone of influence. 3.12 Prior to the commencement of works on site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004. 3.13 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised. 3.14 Prior to the connection of private drainage to Council’s drainage system, an inspection is to be carried out by Penrith City Council’s Development Engineering Unit. A fee will be charged in accordance with Council’s adopted Fees and Charges, and is to be paid prior to the inspection. 3.15 All filling shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and AS 3798. 3.16 Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works within the road reserve and Council’s easement have been inspected and approved by Penrith City Council. 3.17 Prior to the issue of the Occupation Certificate the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works, and relevant conditions of the development consent. 3.18 Prior to the issue of an Occupation Certificate the Certifying Authority shall ensure that the on-site detention systems: o Has been constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Construction Certificate conditions of development consent. o Will operate satisfactorily with regard to any variations or that suitable remedial works have been undertaken. o Will operate in accordance with the design intent and Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

Details of the approved and constructed system shall be provided as part of the works-as-executed drawings.

3.19 Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the on-site detention system, shall be registered on the title of the property. The restriction as to user and

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positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works. 4. The individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns.

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

13 Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated). Applicant: North Western Surveys Pty Limited; Owner: Twin Creeks Properties Pty Limited DA09/0197 81 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated) be received. 2. The State Environmental Planning Policy No.1 objection to the Development Standard lot density be supported. 3. The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions. 4. Upon receipt of concurrence from the Department of Planning Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated) be determined under delegation authority as applicable at the time by the appropriate

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council officer.

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

14 Development Application DA09/0200 at Lot 48 DP 270417 (No. 336- 348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision. Applicant: North Western Surveys Pty Limited; Owner: Twin Creeks Properties Pty Limited DA09/0200 82 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision be received. 2. The State Environmental Planning Policy No.1 objection to the Development Standard for lot density be supported. 3. The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions. 4. Upon receipt of concurrence from the Department of Planning Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision be determined under delegated authority as applicable at the time by the appropriate Council officer.

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

A LIVEABLE CITY

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 15, His Worship the Mayor, Councillor Kevin Crameri OAM vacated the Chair and left the meeting, the time being 8:22 pm

The Deputy Mayor, Councillor Ross Fowler OAM then took the Chair for consideration of Item 15.

15 Relocation of Llandilo Rural Fire Brigade Station 83 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor John Thain That: 1. The information contained in the report on the Relocation of Llandilo Rural Fire Brigade Station be received. 2. Council approve, in principle, the relocation of the Llandilo Rural Fire Brigade Station as proposed in this report. 3. A further report be presented to Council providing an estimated cost to complete the project and an appropriate funding model. 4. Investigations be carried out to ascertain the possibility of partnerships with local industries in providing materials for this Brigade Station.

The Deputy Mayor, Councillor Ross Fowler OAM then vacated the Chair and His Worship the Mayor, Councillor Kevin Crameri OAM returned to the Chair, the time being 8:24 pm.

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16 Naming of Mini Field at Peppertree Oval after Bill Borg 84 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow That: 1. The information contained in the report on Naming of Mini Field at Peppertree Oval after Bill Borg be received. 2. Council endorse the naming of the mini field at Peppertree Reserve as the “The Bill Borg Mini Field”. 3. A new sign reflecting the name of the mini field be installed (with appropriate formalities).

17 Request for Hall Hire Fee Reduction from Nepalese Community 85 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies That: 1. The information contained in the report on Request for Hall Hire Fee Reduction from Nepalese Community be received. 2. Council allocate $400, in equal amounts, from each Ward’s voted works, to the cost of hiring Harold Corr Hall, to enable celebrations for Nepali New Year. 3. The report to be presented to the Policy Review Committee meeting of 10 May 2010 include guidelines and details on what other funding opportunities may be available in order to address similar requests for funding.

18 Tender Reference 34-09/10 for the provision of Tree Removal Services 86 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 34-09/10 for the provision of Tree Removal Services be received. 2. A Contract be awarded to Bolans Tree Service Pty Ltd for the lump sum fixed price $100,000 plus GST to complete the works program for the removal of 250 spotted gum street trees as specified.

This is Page No 16 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

19 Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010 87 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010 be received. 2. The Transport Management Plan for the event be endorsed. 3. The Sydney International Regatta Centre submit the Transport Management Plan for the event to the Roads and Traffic Authority for approval prior to the event. 4. The applicant be advised of 2 and 3 above.

QUESTIONS WITHOUT NOTICE

QWN 1 Seventh Avenue, Llandilo - Footpath and Kerb Extension Councillor Ross Fowler OAM requested that an amount of $18,610 be allocated from North Ward voted works towards extending the existing kerb and gutter and footpath in the vicinity of Llandilo Primary School in Seventh Avenue, Llandilo. His Worship the Mayor, Councillor Kevin Crameri OAM, declared a Non-Pecuniary Conflict of Interest – Less Than Significant in this item given that he is a long-term resident of the area.

88 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the matter be brought forward and dealt with as an urgent matter.

His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent and should be dealt with at the meeting.

89 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that an amount of $18,610 be allocated from North Ward voted works towards extending the existing kerb and gutter and footpath in the vicinity of Llandilo Primary School in Seventh Avenue, Llandilo.

QWN 2 Amenities Block - Rugby League Grounds at Kingsway, St Marys Councillor Jackie Greenow requested that an amount of $2,900 be allocated equally from each Ward’s voted works to provide tiling in the toilets at the Rugby League Grounds at Kingsway, St Marys.

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90 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that the matter be brought forward and dealt with as an urgent matter.

His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent and should be dealt with at the meeting.

91 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that an amount of $2,900 be allocated equally from each Ward’s voted works to provide tiling in the toilets at the Rugby League Grounds at Kingsway, St Marys.

QWN 3 Penrith Panthers BMX Club Councillor Prue Guillaume requested that a comprehensive report be presented to the next Ordinary Meeting of Council, investigating ways that the Penrith Panthers BMX Club can be supported to obtain adequate lighting and canteen facilities for their grounds at Blair Oval, with this report to include all available grants and options for relocating the facility.

QWN 4 Trimming of trees near power lines Councillor Prue Guillaume requested a memo reply addressing the cutting of trees next to Integral Energy lines, due to reports of the middle of trees being cut out.

QWN 5 Andrews Road – Sporting Facility Councillor Greg Davies requested a memo reply concerning the status of the toilets and dressing sheds at the Andrews Road sporting facility.

QWN 6 Dunheved Industrial Estate – Link Road Councillor Ross Fowler OAM requested a report to Council concerning progress with discussions with Delfin Lend Lease in respect of Link Road, Dunheved, and that Council write to the Minister for Planning, raising concerns at the limited access to the Dunheved Industrial Estate.

QWN 7 Masterplan for Dunheved Industrial Estate Councillor Mark Davies had previously called for a report on the preparation of a Masterplan for the Dunheved Industrial Estate and requested a report to update progress made with the Masterplan.

COMMITTEE OF THE WHOLE

92 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:42 pm.

This is Page No 18 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010 Ordinary Meeting Monday 22 March 2010

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Marko Malkoc that the press and public be excluded from Committee of the Whole to deal with the following matters:

A Leading City

2 Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre

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 Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct

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.

The meeting resumed at 8:45 pm and the General Manager reported that the Committee of the Whole met at 8:42 pm on 22 March 2010, the following being present

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain 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 Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown CW2 That: 1. The information contained in the report on Commercial Matter - Assignment

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of Lease of Shop 4 at Cranebrook Village Shopping Centre be received. 2. Council grant an assignment of lease from Luxinvest Pty Ltd to Sen Khun & Boyanmolika Kong over Shop 4 at Cranebrook Village Shopping in accordance with the terms and conditions outlined in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documents.

3 Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct

RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee CW3 That: 1. The information contained in the report on Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct be received. 2. Council grant a 10 year Lease with a 5 year option to Dean James McAlister in accordance with the terms and conditions as outlined in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

ADOPTION OF COMMITTEE OF THE WHOLE

93 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:46 pm.

This is Page No 20 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 March 2010

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

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NOTICES OF MOTION

Item Page

1 Penrith Press Article of 26 March 2010 1

Ordinary Meeting 19 April 2010 A Leading City

1 Notice of Motion

Penrith Press Article of 26 March 2010

Councillor Greg Davies TO MOVE:

That an urgent report be brought to the next full meeting of Council addressing the following questions arising from the front page article that appeared in the Penrith Press 26 March 2010:

1. Who arranged the interview for the article and why? 2. Was there any liaison with Council media officers prior to the interview? 3. Are the statements attributed to the Mayor correct? 4. Has the Mayor been privy to private briefings re the budget that other Councillors have not? 5. Are the comments “Pools are at great risk” and “We have to start opening later and closing earlier” correct? 6. If so, why was that not raised at the recent budget briefing. 7. Has the confidentiality of the Councillor budget briefing been compromised? 8. What action is to be taken to rectify the situation and to alleviate the fears generated in the eyes of the staff and the community?

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REPORTS OF COMMITTEES

Item Page

1 Report and Recommendations of the Waste Services Committee Meeting held on 25 March 2010 1

2 Report and Recommendations of the Policy Review Committee Meeting of 29 March 2010 7

3 Report and Recommendations of the Local Traffic Committee Meeting held on 12 April 2010 11

Ordinary Meeting 19 April 2010 A Green City

REPORT AND RECOMMENDATIONS OF THE WASTE SERVICES COMMITTEE MEETING

HELD ON 25 MARCH, 2010

PRESENT His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Greg Davies (arrived at 7.13 pm), Tanya Davies, Ross Fowler OAM, Marko Malkoc (arrived at 7.12 pm) , Kath Presdee, and community representatives John Kliese, Trevor Robey, Patricia Ryan and Andrew Wilcox.

IN ATTENDANCE

Alan Stoneham - General Manager, Barry Husking - Director/Chief Financial Officer, Vicki O’Kelly - Group Manager Finance, David Burns - Group Manager - City Presentation, Barry Ryan - Waste & Community Protection Manager, Geoff Brown - Waste Services Coordinator, Brian Steffen - Group Manager Information & Customer Relations, Emma Whale - Communications Officer, Carl Spears - Media Liaison Officer, Stephen Britten - Legal & Governance Manager, Glenn Schuil – Acting Executive Officer.

APOLOGIES There were no apologies.

The Mayor, Councillor Kevin Crameri OAM opened the meeting at 7.05pm by welcoming the community representatives - John Kliese, Trevor Robey, Patricia Ryan and Andrew Wilcox and thanking them for nominating to be on this Committee. Councillor Crameri then introduced Councillors and staff present at the Meeting to the community representatives.

CONFIRMATION OF MINUTES - Waste Services Committee Meeting - 24 February 2010 The minutes of the Waste Services Committee Meeting of 24 February 2010 were confirmed.

Councillor Tanya Davies queried a statement made in the Business Paper for the Meeting that the Terms of Reference for the Committee would be presented at Council’s Ordinary Meeting of 22 March 2010 for adoption. Councillor Tanya Davies advised that the Terms of Reference were not included in the Minutes of the Waste Services Committee held on 25 February 2010. David Burns advised that the Terms of Reference were discussed at the previous Meeting and that they would be discussed again tonight and included in the Minutes of today’s Meeting.

Councillor Marko Malkoc arrived at the Meeting, the time being 7.12pm.

David Burns tabled and discussed the Terms of Reference for the Waste Services Committee

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Ordinary Meeting 19 April 2010 A Green City

and advised that they will be included in the minutes of today’s meeting.

Councillor Kath Presdee queried the issue of medical waste from the initial meeting. David Burns advised that this is covered in 1 of the Terms of Reference and that e-waste and polystyrene packaging had also been added.

There was discussion on the list of recommendations and Cr Tanya Davies suggested that for clarity they be included in Item 1 so that they are kept together.

Terms of Reference for the Committee

1. To oversee and endorse reports to the Council on the implementation of the recommendations emanating from the Council Meeting of 15 February 2010.

An optional weekly 140L red lid residual waste bin to all households on the three bin service be provided at an additional cost, on request. Biodegradable bags in accordance with AS 4736 (for the kitchen organics bin) for the storage of food waste prior to placement in the organics bin be provided to all households using the three bin system as detailed in the report. An enhanced communication and education program be developed and implemented as detailed in this report. An optional additional yellow lid recycle bin (fortnightly collection) or other workable alternatives be provided at a reduced cost for residents on the three bin waste service Reviewing the design of the bin lids Enhancing the communication and education program to the community Odour control and the use of suitable insecticide products Investigating the option of providing additional collection services at Christmas time To investigate options for the collection of medical waste, e-waste and foam packaging.

2. To review and consider enhancements to the waste services currently delivered to both the rural and multi unit development.

3. To review waste disposal and resource recovery initiatives in the commercial and industrial sectors within the Council’s area.

4. To review waste disposal and resource initiatives in public places within the Penrith LGA.

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DECLARATIONS OF INTEREST There were no declarations of interest.

DELIVERY PROGRAM REPORTS

A GREEN CITY

1 Waste Management Services Barry Ryan spoke to the report and provided an update to the Committee members on where the Council is up to. Provision of an optional weekly 140L red lid residual waste bin to all households on the three bin service be provided at an additional cost, on request Barry Ryan advised as follows:- • Letters were sent to all residents on the 3 bin service on 4 March 2010 and weekly services commenced on 15 March 2010. • A bin stickering program has been implemented for identifying those bins that are on the weekly service. • Council has received approximately 2,360 notifications for requests for a weekly red lid bin service, in addition to those weekly services already being provided; and approximately 2,000 letters have been sent out giving details on the commencement of the weekly service. Councillor Greg Davies arrived at the Meeting, the time being 7.16pm. Councillor Tanya Davies queried the percentage of ratepayers requesting a weekly service and was advised that it is approximately 5-6%. John Kliese queried if a tenant could pay Council directly for the extra cost to have a weekly service if an owner did not want to allow for this service for their tenant. Vicki O’Kelly advised that Council was looking at this option but was only aware of one issue of this being a problem for a tenant. The Mayor, Councillor Kevin Crameri OAM raised the process of advising ratepayers of the charges for differing service options that will come into effect from 1 July 2010. It was suggested that this be provided annually and would be a chance for ratepayers to review their options at this time as their personal circumstances may have changed. Vicki O’Kelly advised that flyers could go out with the rates notice providing this information and that new fees and charges are advertised and are on public exhibition before being adopted by Council. Additionally, the meeting was advised that information could also be included in Council’s newsletter that goes out with the rates notice and in the Mayor’s column in local newspapers. Patricia Ryan suggested that the waste services collections fridge calendar should be larger so that it is easier to read.

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Ordinary Meeting 19 April 2010 A Green City

Provision of biodegradable bags in accordance with AS 4736 (for the kitchen organics bin) for the storage of food waste prior to placement in the organics bin be provided to all households using the three bin system Barry Ryan discussed biodegradable bags and tabled as an example a package of bags (that comply with Australian Standard 4736) that included an A5 size information sheet. The meeting discussed an appropriate name for the bags such as kitchen organics bin bag. The meeting discussed the number of bags to be provided (3 per week per household) and there was recognition that some households may need more bags and some may need less. On this matter, the meeting was advised that an order has been placed for a 3 month supply of bags, and that additional bags will be available to the community at no additional cost. The meeting was also advised that delivery of the bags has been delayed (now due mid- May 2010) due to toxicity tests being undertaken on the ink and colour to be used on the bags. Provision of an optional additional yellow lid recycle bin (fortnightly collection) or other workable alternative be provided at a reduced cost for residents on the three bin waste service Barry Ryan discussed the provision of optional additional recycling services and advised that negotiations are continuing with Visy on this issue. A 360 litre recycling bin was displayed and Barry Ryan discussed the cost implications of changing vehicle lifters to empty this size of bin. Apart from the cost the meeting was advised that there are implications for a possible future roll-out of 140L recycling bins for those people who have requested such a service because if the lifters were changed they could only pick up 360L or 240L bins. At this stage, the meeting was advised that ongoing negotiations with Visy would concentrate on the provision of an optional second fortnightly recycling bin at cost. David Burns advised that future education messages on recycling will include the message that crushing items will allow more items to fit into the recycling bin. Reviewing the design of the bin lids Barry Ryan discussed the findings of the bin lid audit that was undertaken. Councillor Greg Davies left the meeting, the time being 7.59pm. Councillor Greg Davies returned to the meeting, the time being 8.00pm. There was discussion on the age of some of the organics bins; the need for their replacement and for a replacement program for old bins to be developed. Odour control and the use of suitable insecticide products Barry Ryan discussed the insecticide product “Bin Kill” and advised that he had requested a risk assessment on the product to further inform the Committee. Investigating the option of providing additional collection services at Christmas time Barry Ryan advised the meeting that he has had discussions with Visy about the possible provision of extra recycling services over the Christmas/New Year period.

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Ordinary Meeting 19 April 2010 A Green City

Councillor Greg Davies suggested that Council should investigate the provision of supervised recycling drop off points in strategic locations throughout the City during the busy Christmas/New Year and Easter periods. Investigate options for the collection of medical waste and e-waste David Burns advised that there had been no progress made to-date with the investigation of options for the collection of medical waste and e-waste. The household chemical collection program provided by the Department of Environment Climate Change & Water was discussed, including the possibility of such a program being expanded to include e-waste. Enhancing the communication and education program to the community Brian Steffen gave an overview of the enhanced communication and education program and confirmed the need for an increase in the budget to provide for an on-going educational program. The provision of education packs being provided to schools was discussed as well as the education that has been provided to schools to-date. Barry Ryan advised that all schools in the Penrith LGA have been invited to participate in waste education. Patricia Ryan advised the meeting that the Department of Education has declared this year as the year of sustainability and suggested that posters on sustainability should be sent to all schools. Barry Ryan advised the meeting that investigations are being undertaken on recycling in public places. Additionally, research is being conducted on contamination levels where this service is provided. Contamination management Barry Ryan discussed the delay of the commencement (at Council’s request) of Sita’s contamination management program. The meeting was advised that contractual issues about the contamination management program will be presented to the next Council’s Ordinary Meeting Committee of the Whole. Barry Ryan advised the meeting of the proposed notification system to residents and further education that will be provided with the implementation of this new system. Councillor Tanya Davies queried the strategy for informing people of non-English speaking backgrounds on the proposed notification system. Brian Steffen advised the meeting that staff are working closely with staff from the Council’s Cultural and Community Development Department on strategies to provide translations for NESB. Councillor Ross Fowler OAM suggested that there should be a reward for residents who are doing the right thing with recycling. Brian Steffen advised that staff are looking at incentives that can be implemented. Councillor Greg Davies suggested that the contamination management program should not commence until after the roll-out of the organics kitchen tidy bin bags. David Burns advised that there were contractual issues associated with this matter and that these matters would be reported to an Ordinary Meeting of Council.

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Ordinary Meeting 19 April 2010 A Green City

Barry Ryan discussed the topic of gross contamination where an organics bin had its lid up with plastic bags overflowing. Barry Ryan advised that if this bin was picked up it would send the wrong message out to the community. In this situation the bin would have a sticker placed on it and it would not be collected until the contamination was removed. Barry Ryan advised the meeting that e-waste will be an agenda item for the next meeting of the Waste Services Committee. RECOMMENDED That: 1. The information contained in the report on Waste Management Services be received. 2. The additional funding of $70,000 for the implementation of further education and communications programs, as identified in the report, be funded from the Domestic Waste Reserve.

General Business Trevor Robey thanked Barry Ryan and David Burns for a comprehensive report. John Kliese asked when the date of the next Waste Services Committee would be held and he was advised that it would be 7.00 pm on Thursday, 6 May 2010.

There being no further business the Chairperson declared the meeting closed, the time being 8.51 pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 25 March, 2010 be adopted.

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Ordinary Meeting 19 April 2010 A Leading City

REPORT AND RECOMMENDATIONS OF THE POLICY REVIEW COMMITTEE MEETING

HELD ON 29 MARCH, 2010

PRESENT His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies (at 7.32 pm), Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

APOLOGIES There were no apologies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 March 2010 The minutes of the Policy Review Committee Meeting of 8 March 2010 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Councillor Greg Davies arrived at the meeting, the time being 7.32 pm.

DELIVERY PROGRAM REPORTS

A VIBRANT CITY

8 Penrith Performing and Visual Arts Ltd - Annual Report and Board of Directors The Chairperson of the Penrith Performing and Visual Arts Ltd (PPVA), Peter Anderson AM gave a brief overview of the performance of PPVA during the financial year and introduced the CEO of the PPVA John Kirkman who gave a presentation that highlighted the performances of the various divisions of the PPVA. The Chief Financial Officer of the PPVA, John Reed gave a presentation about the financial position of the PPVA. RECOMMENDED That: 1. The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report and Board of Directors be received. 2. Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd until the presentation to Council of the Penrith Performing and Visual Arts Ltd Annual Report for 2009/2010.

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Ordinary Meeting 19 April 2010 A Leading City

A LIVEABLE CITY

7 City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd - Annual Report and Board of Directors Councillor Greg Davies introduced the report and introduced Erik Henricksen, General Manager of the Penrith Regional Indoor Aquatic and Recreation Centre Ltd who gave a presentation.

RECOMMENDED That: 1. The information contained in the report on City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd - Annual Report and Board of Directors be received. 2. Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd until the presentation to the Council of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd Annual Report for 2009/2010. 3. A report be brought to a Policy Review Committee Meeting that reviews the cash handling and security arrangements at all of the Council’s entities.

Councillor Greg Davies left the meeting, the time being 8.50 pm.

Councillor Greg Davies returned to the meeting, the time being 8.51 pm.

A LEADING CITY

4 National Growth Areas Alliance - Status Report The Council’s Director, Craig Butler gave a presentation to the report.

RECOMMENDED That: 1. The information contained in the report on National Growth Areas Alliance - Status Report be received. 2. Council write to and brief local Members of Parliament about the outcomes NGAA is seeking and request their support.

Councillor Mark Davies left the meeting, the time being 9.05 pm.

Councillor Mark Davies returned to the meeting, the time being 9.08 pm.

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Ordinary Meeting 19 April 2010 A Leading City

1 Proposed Amendments to Infrastructure Restoration Fees RECOMMENDED That: 1. The information contained in the report on Proposed Amendments to Infrastructure Restoration Fees be received. 2. The proposed changes to the Infrastructure Restoration Fees be included in the Draft 2010-11 Fees and Charges for consideration.

2 Delivery Program 2009-2013 - Progress Report to December 2009 RECOMMENDED that the information contained in the report on Delivery Program 2009- 2013 – Progress Report to December 2009 be received.

3 Revised Code of Meeting Practice RECOMMENDED That: 1. The information contained in the report on Revised Code of Meeting Practice be received. 2. The Draft Code of Meeting Practice be placed on Public Exhibition for a period of 28 days.

5 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions Councillor Greg Davies advised that the Council had previously raised a matter that was to be included as a Motion to the ALGA and this matter should be included within the Motions forwarded by the Council. Councillor Greg Davies also suggested that a Motion be included about exploring the Very Fast Train to Canberra.

RECOMMENDED that the information contained in the report on 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions be received.

6 International Links Program 2010 RECOMMENDED That: 1. The information contained in the report on International Links Program 2010 be received.

2. The offer for the Mayor, a nominated Council officer and an interpreter to attend the International Sister City Community Construction Seminar in June 2010 in Xicheng District be accepted and that Council meet the difference of $2,098 between economy and premium economy airfares.

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Ordinary Meeting 19 April 2010 A Leading City

3. A delegation comprising the Mayor, a Councillor nominated by the Council and two Council officers nominated by the General Manager visit the City’s international partners in Asia during October / November 2010 to participate in a range of initiatives occurring at that time.

4. A further report be presented to the next Council Meeting regarding the composition of the delegation referred to in Recommendation 3 taking into account the business and cultural components of the visit.

A GREEN CITY

9 Nomination for the Office of Hawkesbury Nepean RECOMMENDED That: 1. The information contained in the report on Nomination for the Office of Hawkesbury Nepean be received. 2. Councillor John Thain be nominated for the Stakeholder Committee and recommended to Council.

There being no further business the Chairperson declared the meeting closed the time being 9.34 pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 29 March, 2010 be adopted.

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Ordinary Meeting 19 April 2010 A Liveable City

REPORT AND RECOMMENDATIONS OF THE LOCAL TRAFFIC COMMITTEE MEETING

HELD ON 12 APRIL, 2010

PRESENT Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy AM – Representative for the Member for Londonderry, Senior Constable Mark Elliott – St Marys Police, Constable Bill Pearson – Penrith Police, David Lance - Roads and Traffic Authority, Samantha Dawson – Representative for the Member for Penrith, Daniel Davidson – Road Safety Co-ordinator, Ruth Byrnes - Senior Traffic Officer, Wayne Mitchell – Group Manager City Infrastructure, Peter Shahatit – Trainee Engineer, Alyce Kliese – Trainee Engineer

IN ATTENDANCE Ron Watson – Westbus, Steven Purvis – Ranger

APOLOGIES David Yee – A/Design & Technical Advice Manager, David Drozd – Senior Traffic Engineer, Councillor Jackie Greenow, Sergeant Natasha Crawford – Penrith Police

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 March 2010 The minutes of the Local Traffic Committee Meeting of 1 March 2010 were confirmed.

DECLARATIONS OF INTEREST There were no declarations of interest.

DELIVERY PROGRAM REPORTS

A LIVEABLE CITY

1 Second Avenue, Kingswood - Proposed Provision of 'Bus Zones' RECOMMENDED That: 1. The information contained in the report on Second Avenue, Kingswood - Proposed Provision of 'Bus Zones' be received. 2. Subject to no substantial objections from affected residents, a ‘Bus Zone’ be implemented on Second Avenue, 30m east of Morphett Street, for a distance of 20m from the existing ‘No Stopping’ sign located 10m from the intersection of Morphett Street, to the property driveway at 81 Second Avenue, Kingswood. 3. Subject to no substantial objections, a ‘Bus Zone’ be implemented on Second Avenue, opposite Morphett Street, Kingswood for a distance of 30m west

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from the ‘Bus Stop’ sign. 4. Any substantial objections received as part of the community consultation process be referred to the Local Traffic Committee for consideration. 5. Penrith City Council Rangers be advised of Council’s resolution. 6. Westbus be advised of Council’s resolution. 7. Residents who made submissions regarding the provision of a ‘Bus Zone’ in Second Avenue, Kingswood be advised of Council’s resolution. 8. The University of Western Sydney be requested to advise students of the changes to parking restrictions via their student newsletter.

2 Penrith CBD 40km/h High Pedestrian Activity Area Scheme - Road Safety Audit Findings RECOMMENDED That: 1. The information contained in the report on Penrith CBD 40km/h High Pedestrian Activity Area Scheme - Road Safety Audit Findings be received. 2. The corrective actions in Table 1 of the report be endorsed. 3. Marked pedestrian crossings be installed at Site 2 High Street near Riley Street, Site 8 High Street between Woodriff Street and Castlereagh Street, and Site 11 Henry Street east of Lawson Street. 4. Marked pedestrian crossings not be installed on Site 4 Station Street north of Henry Street and Site 5 Station Street between Union Lane and Union Road. 5. A raised or at grade threshold at Site 1 High Street existing pedestrian signals not be supported. 6. The existing pavement markings and proposed facility in High Street between Station Street and Henry Street be amended to provide one westbound travel lane and two parking lanes. 7. Penrith City Centre Association and the Roads and Traffic Authority be advised of Council’s resolution.

3 Roper Road, Colyton - Proposed Provision of Pedestrian Refuge near Young Street RECOMMENDED That: 1. The information contained in the report on Roper Road, Colyton - Proposed Provision of Pedestrian Refuge near Young Street be received. 2. The Committee note the information.

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4 Erskine Business Park - Blanket 4.6m High Vehicle Route Approval RECOMMENDED That: 1. The information contained in the report on Erskine Business Park - Blanket 4.6m High Vehicle Route Approval be received. 2. All roads in the Erskine Business Park accessed by either Lenore Lane or James Erskine Drive; and Roper Road between Great Western Highway and Carlisle Avenue be approved for 4.6m high vehicle access routes. 3. The Roads and Traffic Authority be advised of this matter accordingly, and be requested to publish a notice in the Government Gazette in accordance with the “Route Assessment Guidelines for Restricted Access Vehicles (2002)”, indicating approval to use the aforementioned roads as 4.6m high vehicle access routes.

GENERAL BUSINESS

GB 1 Victoria Bridge, Great Western Highway, Penrith – 40km/h Speed Limit on Victoria Bridge (Raised Mayor Crameri) For some time there has been concern in regard to pedestrian safety on Victoria Bridge.

There have been ongoing investigations and discussions with the Roads and Traffic Authority (RTA) in regard to possible long-term solutions. In the interim, it is requested that the RTA investigate the reduction of the speed limit to 40km/h on the bridge.

RECOMMENDED that the Roads and Traffic Authority be requested to investigate reduction of the speed limit on Victoria Bridge to 40km/h.

GB 2 Woodriff Street, Penrith – Provision of a New ‘Bus Stop’ & ‘Bus Zone’ (Raised Council) Westbus have requested Council’s endorsement of a new ‘Bus Stop’ and approval for a new ‘Bus Zone’ to be located opposite 90-92 Woodriff Street, Penrith. The request is in response to a new regional network that commenced in October 2009, and subsequent consultation between Westbus, NSW Transport & Infrastructure (NSWTI) and residents.

The proposed route (S13) will consist of a high frequency bus service that runs into the Mountainview Retirement Village, then back out onto Mulgoa Road and back to Penrith Railway Station via Woodriff Street, Derby Street, and Station Street. Westbus have advised that “This amended route will give a higher level of service for the residents of the Village by giving a direct service to and from Centro without the residents having to cross Station Street if the bus was to simply operate to the station directly via Ransley and Station Street”

Investigations have revealed that the proposed location of the new ‘Bus Zone’ near Stafford Street is not best suited for buses to safely pick up and drop off patrons. It is proposed that

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Ordinary Meeting 19 April 2010 A Liveable City the new ‘Bus Stop’ and ‘Bus Zone’ be implemented opposite 98 Woodriff Street, adjacent to the entrance driveway to the First Choice liquor store. The ‘Bus Zone’ is to be 15m in length from the existing driveway entrance of the liquor store to the ‘No Stopping’ sign opposite 98 Woodriff Street, Penrith.

RECOMMENDED That:

1. The new ‘Bus Stop’ opposite 98 Woodriff Street, Penrith be approved.

2. A ‘Bus Zone’ be implemented at the location of the new bus stop, opposite 98 Woodriff Street, Penrith, for a distance of 15 metres from the existing entrance to the First Choice liquor store, to the ‘No Stopping’ sign opposite 98 Woodriff Street, Penrith . 3. Westbus be advised of Council’s resolution.

GB 3 Civic Centre Carpark – Pedestrian Safety (Raised Council) Council’s Occupational Health & Safety Committee has raised concerns about pedestrian safety in the Civic Centre Carpark, and has requested an investigation into the provision of a marked pedestrian crossing on the raised hump near the turning circle. Traffic and pedestrian counts have been carried out and the Roads and Traffic Authority warrant for provision of a marked pedestrian crossing was not met. The OH&S Committee has subsequently requested the provision of a 10km/h ‘Shared Zone’.

RECOMMENDED That: 1. A 10km/h ‘Shared Zone’ be implemented and signposted in the Civic Centre Carpark 2. Provision of a marked pedestrian crossing on the raised hump not be supported.

GB 4 Jindalee Place, Glenmore Park – Proposed Provision of ‘No Stopping’ & ‘No Parking’ Restrictions (Raised Council) Council’s Road Network Services Engineer advised of a proposal to implement ‘No Stopping’ and ‘No Parking’ restrictions in the newly developed Jindalee Place, Glenmore Park. Jindalee Place is a local road that will provide pedestrian access to Glenmore Park Primary School. On other similar roads in the Local Government Area, there are significant traffic issues during school pick up and drop off times. The provision of signage is a proactive measure to improve traffic when the road is open to the public.

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RECOMMENDED That: 1. Full-time ‘No Stopping’ be provided at the hammer head near lots 205 and 209 Jindalee Road, Glenmore Park. 2. Full-time ‘No Stopping’ restrictions be provided around the kerb returns at the intersection of Kukundi Drive and Jindalee Road, Glenmore Park. 3. ‘No Parking 8.00-9.30am & 2.30-4.00pm School Days’ be provided in Jindalee Place, west side, fronting Lots 206, 207, 208 and 209. 4. ‘No Stopping 8.00-9.30am & 2.30-4.00pm School Days’ be provided in Jindalee Place, east side, fronting Lots 202, 203, 204 and 205.

GB 5 Old Bathurst Road, Smith Street, Emu Plains – Proposed Provision of Signs & Linemarking (Raised Council) Council’s Road Network Services Engineer advised of a proposal by NSW Transport & Infrastructure (NSWTI) to carry out improvements at the intersection of Old Bathurst Road and Smith Street, Emu Plains. This work is part of the NSWTI upgrade of the commuter carpark on the north side of Emu Plains Railway Station. Prior to commencing works, NSWTI will be required to apply for Roads Act approval, which has currently not been issued. However this item is to endorse the provision of signs and linemarking associated with these improvements, subject to Roads Act approval.

RECOMMENDED that the provision of signs and linemarking associated with intersection improvements at Old Bathurst Road and Smith Street, Emu Plains be endorsed subject to Roads Act approval.

GB 6 Derby Street, Penrith – Request for Provision of Bus Shelters (Raised Mayor Crameri) Council’s Road Network Services Engineer raised concerns on behalf of Mayor Crameri, requesting provision of bus shelters in Derby Street, Penrith, near the hospital to assist elderly passengers waiting for buses.

RECOMMENDED that the matter be investigated.

GB 7 Galvin Road, Llandilo – Request for Provision of Speed Limit Pavement Markings (Raised Mayor Crameri) Further to General Business Item 6 raised at the Local Traffic Committee meeting on 1 February 2010, requesting the provision of speed limit pavement markings on Barnes Road/Galvin Road, Llandilo, the Roads and Traffic Authority has provided the pavement markings on Barnes Road only. The Mayor requested that the pavement markings also be provided on Galvin Road, Llandilo.

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RECOMMENDED That: 1. The Roads and Traffic Authority be requested to provide speed limit pavement markings on Galvin Road, Llandilo. 2. Mayor Crameri be advised of Council’s resolution.

GB 8 Speed Limit Review by Roads and Traffic Authority (Raised Council) Council’s Road Network Services Engineer advised of information received from the Roads and Traffic Authority following a speed limit review on the Penrith Bypass and some roads in the Londonderry area. The RTA has advised that it is proposed to change the speed limits as follows: • Jane Street/Belmore Street/North Street (between Castlereagh Road and Lawson Street), Penrith to 50km/h. • Bennett Road, Londonderry to 70km/h • Carrington Road, Londonderry (from 100m east of Milford Road to The Northern Road) to 70km/h • Leitch Road, Londonderry to 70km/h • An extension of the current 50km/h speed zone on Carrington Road, Londonderry by approximately 250m to 100m east of Milford Road.

RECOMMENDED that the Committee note the information.

GB 9 Second Avenue, Kingswood – Sight Distance at UWS Driveway (Raised Councillor McKeown) Councillor McKeown raised concerns, on behalf of a UWS staff member, about sight distance for vehicles exiting the UWS driveway in Second Avenue, Kingswood, near Anthony Crescent due to vehicles parking on both sides of the driveway. There is a further problem when cars coming out of Pearson Street (directly opposite the entrance) also turn right into Second Avenue. The staff member has suggested that if vehicles turning right out of the campus used the other entrance where there is a roundabout, it would cause less congestion and be less of a safety issue. Provision of ‘No Right Turn’ signage from this entrance into Second Avenue has been requested.

RECOMMENDED that the matter be investigated.

GB 10 Castlereagh Road/Andrews Road, Penrith – Sight Distance at Service Road (Raised Council) At the Local Traffic Committee meeting on 1 March 2010, the Roads and Traffic Authority

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Ordinary Meeting 19 April 2010 A Liveable City representative raised concerns about sight distance for drivers using the service road at the Castlereagh Road/Andrews Road roundabout. Council’s Ranger today advised that Rangers have visited this area and made the businesses aware of the problem. Further patrols have been carried out at this location, with no problems being identified.

RECOMMENDED that the Committee note the information.

GB 11 M4 Motorway, Penrith – Fatal Accident (Raised St Marys Police) The St Marys Police representative advised of a fatal accident which occurred on the M4 motorway, westbound, near The Northern Road exit on Saturday morning, 10 April 2010. The accident involved a number of cyclists and a truck, and Police are currently investigating the matter. RECOMMENDED that the Committee note the information.

GB 12 Queen Street, St Marys - ANZAC Day March on Sunday, 18 April 2010 (Raised St Marys Police) The St Marys Police representative advised that there will be an ANZAC Day March on Sunday, 18 April 2010 in Queen Street, St Marys. The march will be the same as in previous years, with no problems occurring in the past.

RECOMMENDED that the Committee note the information.

GB 13 Penrith CBD - ANZAC Day March on Sunday, 18 April 2010 (Raised Penrith Police) The Penrith Police representative advised that there will be an ANZAC Day March on Sunday, 18 April 2010 in the Penrith CBD and a Girl Guides ANZAC March at Emu Plains. The Marches will be the same as in previous years, with no problems occurring in the past.

RECOMMENDED that the Committee note the information.

There being no further business the Chairperson declared the meeting closed, the time being 10:05am.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 12 April, 2010 be adopted.

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DELIVERY PROGRAM REPORTS

Item Page

A LEADING CITY

1 NSW Local Infrastructure Fund 1

2 Regional and Local Community Infrastructure Program Round 2 5

3 Amendments to 2010 Meeting Calendar 8

4 International Links Program 2010 11

5 22nd Women, Management and Work Conference - 29 to 30 July 2010 13

6 Australian Local Government Women's Association (ALGWA) NSW Branch State Conference 15

7 NSW Government Metropolitan Transport Plan 19

8 Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods 29

A CITY OF OPPORTUNITIES

9 Penrith City Council 'Planning for an Ageing Community' Strategy 39

10 Mobile Playvan Annual Report 49

11 Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys 54

A GREEN CITY

12 Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives 63

13 Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo. Applicant: Planning Options Australia Pty Ltd; Owner: Anna Maria W Pennings, Kristine Joanne Monsieur & Paul Anthony Monsieur DA09/0148 69 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

14 Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith. Applicant: Cityscape Planning & Projects; Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd DA07/1570 79 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

15 Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood. Applicant: Tim Harrington; Owner: Paul Blissett & Lynda Conroy DA10/0034 111 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

16 Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington. Applicant: Phillip Neville; Owner: Teldraw Pty Ltd and Paul Burgess DA09/1225 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 124

17 Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows. Applicant: Jahangir Shamsabad and Charlene Shamsabad; Owner: Jahangir Shamsabad and Charlene Shamsabad DA10/0026 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 144

18 Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith . Applicant: Freeburn Surveying; Owner: Mr & Mrs Nielsen & Ms I Georgakopoulos DA09/0960 164 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

19 Section 96 Application DA06/1014.05 for the Retention of the Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook. Applicant: Catholic Education Office; Owner: Trustees of the Roman Catholic Church DA06/1014.05 174 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

20 Review of Development Applications Processed in Llandilo 187

A LIVEABLE CITY

21 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel 195

22 Great River Walk Stage 7 Grant Application (2010) 199

23 Tender Reference 32-09/10 for the provision of Hired Plant and Equipment 203

A LEADING CITY

Item Page

1 NSW Local Infrastructure Fund 1

2 Regional and Local Community Infrastructure Program Round 2 5

3 Amendments to 2010 Meeting Calendar 8

4 International Links Program 2010 11

5 22nd Women, Management and Work Conference - 29 to 30 July 2010 13

6 Australian Local Government Women's Association (ALGWA) NSW Branch State Conference 15

7 NSW Government Metropolitan Transport Plan 19

8 Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods 29

Ordinary Meeting 19 April 2010 A Leading City

1 NSW Local Infrastructure Fund

Compiled by: Andrew Moore, Financial Services Manager Authorised by: Andrew Moore, Financial Services Manager

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

Executive Summary On 24 August 2009 Council endorsed a submission from Penrith City Council to the Department of Planning for an interest-free loan of $4,566,000 repayable over a period of ten years, to bring forward construction of improvements to roads that provide access to the Caddens Release Area to stimulate development of this urban growth precinct. The submission was supported by Landcom.

It was reported to the Ordinary Meeting of Council held on 22 February 2010 that Council has been advised that the submission was successful and that a loan for the full amount requested has been approved. At that time the loan agreement had not been finalised with a number of key milestones needing to be agreed upon.

This report recommends that the Common Seal of the Council of the City of Penrith be affixed to the loan agreement.

Current position This process has now been completed and the loan agreement has been received by Council for execution. A review of the loan agreement has been completed by Council’s Group Manager Legal and Governance, Group Manager City Infrastructure and Financial Services Manager and is recommended for execution.

The Department of Planning is requiring the Common Seal to be placed on the loan agreement. This report recommends that the Common Seal of the Council of the City of Penrith be affixed to the loan agreement.

RECOMMENDATION That: 1. The information contained in the report on NSW Local Infrastructure Fund be received. 2. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings of $4,566,000.

ATTACHMENTS/APPENDICES 1. Report to Ordinary Council Meeting - 22 February 2010 3 Pages Appendix

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2 Regional and Local Community Infrastructure Program Round 2

Compiled by: Ray Richardson, Grants Support Officer Authorised by: Vicki O’Kelly, Group Manager - Finance

Executive Summary Council has been advised that projects submitted to the Department of Infrastructure, Transport, Regional Development and Local Government for the $721,000 allocation to Penrith City Council under the Regional and Local Community Infrastructure Program (RLCIP) Round 2 have been approved and the funding agreement for the acceptance of the funds totalling $721,000 has been signed.

Council must commence construction of the projects before 30 June 2010 and all projects must be completed and grant funds expended by 31 December 2010.

Background Council will recall that on 9 November 2009 and 1 February 2010 reports were made to Council regarding the submission of projects for approval by the Department of Infrastructure, Transport, Regional Development and Local Government for the $721,000 allocation to Penrith City Council under the RLCIP Round 2.

Current Situation Advice has been received that the revised projects endorsed by Council on 1 February 2010 were approved.

As works on these six projects will commence before 30 June 2010, the funding will be allocated over the two financial years - 2009-10 and 2010-11.

The following table includes the projects as approved by the Department, including the sub- projects detailing individual sites for playground and childcare centre improvements:

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Project Ward Electorate Mgr Grant

Penrith 101: Construction of Playgrounds in Penrith Works at Grassmere Street, Fantail and Whistler Reserve and Arundel Park Drive Reserve include construction of playgrounds approximately 150 square metres in size involving site preparation, supply and installation of equipment and soft fall. Works at Berkshire Park involve supply and installation of a shade structure.

Grassmere Avenue, South Penrith South Lindsay PM $50,000 Fantail and Whistler Reserve, Erskine Park East Prospect PM $50,000 Arundel Park Drive Reserve, St Clair East Prospect PM $45,000 Berkshire Park Shade Structure North Greenway PM $26,000

Penrith 102: Upgrade of Childcare Centres in Penrith Strauss Road Children’s Centre works include installation of soft fall surrounding playground equipment, a dry creek bed to prevent future erosion, seating, landscaping and an amphitheatre. Emu Village works includes relocation of playground equipment, installation of new sandpit and retaining wall. Works at Stepping Stones Early Learning Centre include installation of playground, soft fall, landscaping and storage.

Strauss Road Children’s Centre, St Clair East Prospect CSM $40,000 Stepping Stones Early Learning Centre, St Clair East Prospect CSM $50,000 Emu Plains Village OOSH North Lindsay CSM $50,000 Penrith 103 Upgrades along the Great River Walk in Emu Plains Works involve site preparation and construction of two South Lindsay MPM $75,000 decking structures along the Nepean River, a 7 square metre deck to be constructed at River Road Reserve and an 8 square metre deck in Regatta Park to provide access to the water.

Penrith 104 Construction of a Lookout along the Great River Walk Works include construction of a lookout at the top of the South Lindsay MPM $140,000 river embankment consisting of a steel structure approximately 30 square metres in size and stairs descending approximately 7 metres.

Penrith 107 Upgrades at Berkshire Park Hall Upgrades include installation of solar panels, a 10,000 North Greenway PDASM $158,470 litre rain water tank, air conditioning units, new internal energy efficient light fittings, accessible toilet, fixed storage cupboards, accessible ramp to the main entry, a pathway from the car park to the main entrance of the building and sustainable landscaping.

Penrith 108 Upgrades at the University of the Third Age Building in Penrith Works include construction of a disabled access ramp at South Lindsay CWM $36,530 the entrance to the building and energy and water efficiency upgrades.

The Parks Manager has advised that the construction of each playground facility will incorporate the provision of appropriate shade and seating. Where practical, the playground

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structures will be located in proximity to existing shade trees. If no natural shade is available the planting of additional advanced shade trees will occur. All playground developments will incorporate any existing seating. If no seating is currently provided, two additional seats will be installed. The costs associated with the provision of the additional trees and seats will be met within the existing Parks maintenance budget.

RECOMMENDATION That: 1. The information contained in the report on Regional and Local Community Infrastructure Program Round 2 be received. 2. Council endorse acceptance of the $721,000 grant funds. 3. The Minister for Infrastructure, Transport, Regional Development and Local Government be thanked for the grant.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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3 Amendments to 2010 Meeting Calendar

Compiled by: Stephen Pearson, Executive Services Officer Authorised by: Glenn Schuil, Acting Executive Officer

Strategic Objective: We demonstrate accountability, transparency and ethical conduct Strategic Direction: We champion responsible and ethical behaviour

Executive Summary The report proposes amendments to the 2010 Meeting Calendar which was adopted at the Ordinary Council Meeting of 9 November 2009.

The report recommends that: • the Ordinary Council Meeting scheduled for 12 July 2010 be changed with the Policy Review Committee Meeting on 19 July 2010; and • the Ordinary Council Meeting scheduled for 9 August 2010 be changed with the Policy Review Committee Meeting on 16 August 2010.

Background A request has been received from the Financial Services Manager to put back the date of the Ordinary Council Meeting in August by one week from 9 August 2010 to 16 August 2010 to allow sufficient time to present the June review to Council.

Current Situation The current 2010 Meeting Calendar (from 21 June to 6 September) is as follows:

Jun 21 Jun 28 Jul 12 Jul 19 Aug 9 Aug 16 Aug 30 Sep 6 OM PR OM PR OM PR PR OM OM – Ordinary Council Meeting PR – Policy Review Committee Meeting

Proposed Situation The change sought by the Financial Services Manager would mean that if the Ordinary Council Meeting were to be held one week later on 16 August 2010, the Policy Review Committee Meeting scheduled for 16 August 2010 would instead he held on 9 August 2010.

This change would then result in a five (5) week gap between the Ordinary Council Meetings on 12 July 2010 and 16 August 2010.

However, this could be overcome by also putting back the date of the Ordinary Council Meeting in July by one week from 12 July 2010 to 19 July 2010. This would mean that the Policy Review Committee Meeting scheduled for 19 July 2010 would instead he held on 12 July 2010.

The changes would result in a four (4) week gap between the Ordinary Council Meetings on 21 June 2010 and 19 July 2010 and a four (4) week gap between the Ordinary Council Meetings on 19 July 2010 and 16 August 2010.

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The proposed 2010 Meeting Calendar (from 21 June to 6 September) incorporating these changes is as follows:

Jun 21 Jun 28 Jul 12 Jul 19 Aug 9 Aug 16 Aug 30 Sep 6 OM PR PR OM PR OM PR OM OM – Ordinary Council Meeting PR – Policy Review Committee Meeting

The changes to the meeting calendar have been discussed with the relevant Managers and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of Operational Plan Quarterly Reviews, 2010-2011 Operational Plan, Delivery Program Progress Reports and 2009-2010 Financial Statements.

An amended 2010 Meeting Calendar (full year) incorporating these two changes is set out overleaf for Council’s consideration.

RECOMMENDATION That: 1. The information contained in the report on Amendments to 2010 Meeting Calendar be received. 2. The 2010 Meeting Calendar be altered as follows: • the Ordinary Council Meeting scheduled for 12 July 2010 be changed with the Policy Review Committee Meeting on 19 July 2010; and • the Ordinary Council Meeting scheduled for 9 August 2010 be changed with the Policy Review Committee Meeting on 16 August 2010.

ATTACHMENTS/APPENDICES 1. 2010 Revised Meeting Calendar - Proposed for Adoption by Council 1 Appendix on 19 April 2010 Page

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Ordinary Meeting 19 April 2010 Appendix 1 - 2010 Revised Meeting Calendar - Proposed for Adoption by Council on 19 April 2010

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4 International Links Program 2010

Compiled by: Geoff Shuttleworth, City Marketing Manager Authorised by: Brian Steffen, Group Manager - Information & Customer Relations

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future Strategic Direction: We demonstrate our leadership, and encourage innovation

Executive Summary A further report was requested following the Policy Review Committee meeting of 29 March 2010 regarding the composition of the delegation to visit the City’s international partners in Asia in October/November 2010, taking into account the business and cultural components of the visit.

This report indicates that it is feasible to separate the visit into two parts and recommends that Council consider Councillor participation in the visit.

Background At the Policy Review Committee meeting of 29 March 2010 a proposed Penrith City delegation visit to the City’s five international partners in Asia during October/November 2010 was considered.

In part the recommendation adopted at the meeting stated that the Mayor and a Councillor nominated by Council participate in the visit.

A further report was requested regarding the composition of the delegation, taking into account the business and cultural components of the visit.

Current Situation A review of the itinerary indicates that it is feasible to separate the visit into two parts comprising the component visiting the City’s international partners in China and Korea accompanied by a business delegation arranged by the Penrith Business Alliance and a component visiting the City’s international partners in Japan accompanied by a community delegation organised by the Penrith International Friendship Committee.

In the circumstances Council may consider it appropriate to view the delegation in two discrete parts and take this into account when nominating its delegates.

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RECOMMENDATION That: 1. The information contained in the report on International Links Program 2010 be received.

2. Council consider Councillor participation in the delegation to visit Council’s international relations partners in Asia in October/November 2010.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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5 22nd Women, Management and Work Conference - 29 to 30 July 2010

Compiled by: Stephen Pearson, Executive Services Officer Authorised by: Glenn Schuil, Acting Executive Officer

Strategic Objective: We demonstrate accountability, transparency and ethical conduct Strategic Direction: As a City, we expect responsible and ethical behaviour

Executive Summary The 22nd Women, Management and Work Conference will be held in Sydney from 29-30 July 2010.

The Conference is conducted by the Council of the Macquarie University’s Labour- Management Studies Foundation and the theme is “Women as Leaders – Navigating the Maze”.

The report recommends that the information be received and that Council consider the attendance of interested Councillors at the Conference.

Background “Women as Leaders – Navigating the Maze” is the theme of this year’s Council of the Macquarie University’s Labour-Management Studies Foundation “Women, Management and Work Conference”.

The Conference is to be conducted at the Sofitel Sydney Wentworth Hotel, 61-101 Phillip Street, Sydney from 29-30 July 2010.

Conference Program Conference sessions will include the following topics: • New Directions in the World of Work • Leadership Development for Women (Roundtable Discussion) • Exploring Leadership for Women (Workshops) • Leadership Opportunities – Navigating the Leadership Maze • Balancing the Risks and Rewards • Finding the Right Reward • Getting to the Top: The profile of a Successful Female Leader (Lunchtime Seminar) • Leadership Success Stories

Leading speakers include: • Mia Freedman, Journalist, Columnist, Author and Media Consultant

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• Christine Nixon APM, Chair, Victorian Bushfire Reconstruction & Recovery Authority • The Hon Tanya Plibersek MP, Minister for Housing; Minister for the Status of Women • Professor Barbara Pocock, Director, Centre for Work + Life, University of South Australia • Heather Ridout, Chief Executive, Australian Industry Group • Brigadier Simone Louise Wilkie AM, Director General Training, Headquarters Force Command, Victoria Barracks

The Key-Note Dinner Address, “Wearing a fake moustache to get into the boy’s club”, will be given by Cal Wilson, Comedienne and Show Host on NOVA Radio. Cal Wilson is known for her Melbourne International Comedy Festival shows and she is a regular cast member on Channel 10’s comedy sketch show, ‘Skithouse’. She is also a panel member on ‘The Glasshouse’, and regularly appears as a guest on ‘The Panel’ and ‘Rove Live’.

An indication is sought from Councillors who may wish to attend the Conference.

RECOMMENDATION That: 1. The information contained in the report on 22nd Women, Management and Work Conference - 29 to 30 July 2010 be received. 2. Council consider the attendance of interested Councillors at the 22nd Women, Management and Work Conference.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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6 Australian Local Government Women's Association (ALGWA) NSW Branch State Conference

Compiled by: Sharon Blevin, Executive Assistant Authorised by: Glenn McCarthy, Public Officer

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future Strategic Direction: We demonstrate our leadership, and encourage innovation

Executive Summary Council has maintained a long term involvement with the Australian Local Government Women’s Association (ALGWA) as the peak body representing the interests of women in local government as officers or elected members. This report provides information on the outcomes of the recent ALGWA Annual Conference. The report recommends that the information be received.

Current Situation The Australian Local Government Women’s Association (ALGWA) NSW Branch, 2010 State Conference was held in Moree from 4-6 March 2010. The Conference was attended by approximately 178 delegates from all parts of New South Wales.

As in previous years, Penrith Council staff members also attended the Conference as a development opportunity, two of whom have provided the following comments regarding the Conference:

Cindye Russell, Administration Officer, Development Engineering Unit:

“I have worked at Penrith City Council for the past 16 years and I have never attended an ALGWA Conference before. The conference was very inspirational and the women speakers very interesting on their particular topics. Moree Plains Shire Council made everyone feel welcome, and I thoroughly enjoyed the Conference and have now become a member of ALGWA.

It was a fantastic opportunity to mix and meet with some of Penrith’s Councillors, and also other Council Representatives whom I would not normally have had the opportunity to meet. I look forward to attending more of these conferences in the future.

I would like to take this opportunity to thank Penrith City Council for allowing me as a staff member to attend and also the support of my supervisor, Eric Hausfeld.”

Tracy Leahy, Community Programmes Co-ordinator, Community Development Team:

“I found the conference inspiring both professionally and personally. I felt very honoured to meet so many professional women working in Local Government. The

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conference gave me the opportunity to meet and discuss various issues with Mayors, Councillors and General Managers. I was especially interested in sharing experiences of rural councils and Moree was a perfect place to discuss these. The speakers were very informative and interesting and I felt very privileged to meet some of them. The atmosphere of the conference was very supportive, encouraging the sharing of knowledge, skills and experience especially with the younger delegates. I enjoyed this networking opportunity and made some useful contacts.

The conference also gave me the opportunity to get to know Penrith Councillors who attended the conference in a professional capacity and on a more personal level during the social events. I was also able to meet Council officers from different departments who I would normally not come into contact with. I will certainly continue to look for opportunities to continue to develop these relationships.

I would like to thank Penrith City Council for supporting my attendance at the ALGWA conference. It was very apparent that Penrith Council supported the largest number of staff to attend the conference and this was applauded by other Councils even to the point where we were affectionately known as the “Penrith Thirteen”. I can say that I felt very proud to be an employee of Penrith Council.”

The theme of the Conference was ‘Women Making a Splash in Local Government’ and looked at issues challenging women in the Year of Women in Local Government 2010. Topics included:

• Life in Local Government – Promoting Diversity and Leadership • Leadership – Walking in Two Worlds • Year of Women in Local Government • It’s all about making the most of those opportunities • Women in local government – ‘web-thinking’ can build a more sustainable and engaged community • The Superwoman Complex – being all we can be, but not destroying ourselves in the process • Basic media skills • Rentafarmhouse Scheme

Speakers included:

Hon Linda Burney MP, Minister for the State Plan, Minister for Community Services and Member for Canterbury spoke of her role as the first Aboriginal Australian elected to the NSW Parliament and also her role as Minister for Women, which was added to her portfolio in September 2009.

Major Gillian Baker, Staff Officer to Commander Joint Logistics spoke about her career over the last 20 years, highlighting a number of elements including leadership, networking, motivation, attitude and adversity that have been of influence.

Penny Holloway, General Manager North Sydney Council spoke of the important role women have in local government and examined the distinguishing factors in male and female leadership in local government.

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Nerida Saunders, Director of Aboriginal Cultural & Heritage spoke of her experience as an Aboriginal working in the public sector over the past 19 years. Nerida, who was born in Moree, is currently the Executive Director for Aboriginal Affairs & Reconciliation Division of the Department for Premier and Cabinet.

The Hon Barbara Perry MP, Minister for Local Government, Minister Assisting the Minister for Planning, Minister Assisting the Minister for Health (Mental Health) spoke of her roles in government and the importance of addressing the needs of working families and building strong and harmonious communities. Minister Perry also answered questions from delegates on completion of her presentation.

Dr Maree Smith, Laboratory Manager, Port Macquarie Hastings Council spoke of her passion for science and how making the most of an opportunity has led to her securing her current position. Dr Smith is also an Ambassador for the 2010 Year of Women in Local Government.

Jan Strom, Lecturer at Southern Cross University spoke of how ‘web-thinking’ can build a more sustainable and engaged community. She spoke of how women’s natural ability to use ‘web-thinking’ could provide women in local government with an opportunity to build a stronger and more sustainable community.

Kelli Mills, Managing Partner of Mills-Eaton Training, who has been nominated as Telstra Businesswoman of the Year on several occasions, gave an ‘amazing’ presentation about how women have lost who we are in the quest to be all things to all people, to do everything that is available to us, excel in everything and feel and look fabulous at the same time.

Kerry-Anne Walsh, Director K-A Communications spoke of her career in media in roles such as the press advisor and speech writer to a Hawke cabinet minister and chief political correspondent for News Limited and Fairfax papers. Kerry-Anne is now a consultant.

Christene Weston, Rentafarmhouse Scheme spoke of how successful the scheme has been in helping the local community of Cumnock.

The AGM was held on Saturday, 6 March 2010 to elect office bearers for the ensuing year and consider motions for adoption as ALGWA policy. Councillor Karen McKeown was re- elected unopposed as President of the Australian Local Government Women’s Association’s New South Wales Branch. Councillor Jackie Greenow and Council staff members Bev Spearpoint and Helen Cooper were also re-elected to the Executive Committee despite strong competition from council representatives across the state. Motions on the following topics were passed:

• ALGWA continue to support the rights of midwives to work in their own right and a woman’s right to self-determination of healthcare. ALGWA is to write to the Minister for Health, Nicola Roxon, regarding its position regarding Federal Government legislation and intervention which will undermine the ability of midwives to be able to legitimately practise and for mothers who decide where and with whom they give birth.

• ALGWA request that the Division of Local Government provide information on initiatives that Councils are undertaking regarding climate change.

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• ALGWA urgently write to the Premier and Minister for Planning seeking support to include Councils in consultation when planning legislation is developed, amended and introduced.

• ALGWA lobby the Minister for Planning to improve disability access in the planning legislation in order to develop standards which ensure residential/commercial premises consistently achieve equity access for all.

• ALGWA does not support the appointment of volunteer drivers to replace professional ambulance drivers in rural and regional centres in NSW.

RECOMMENDATION That the information contained in the report on Australian Local Government Women's Association (ALGWA) NSW Branch State Conference be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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7 NSW Government Metropolitan Transport Plan

Compiled by: Walter Sinnadurai, Transportation Planner Authorised by: David Yee, Acting Design and Technical Advice Manager

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future Strategic Direction: We work together to grow Penrith as a Regional City

Executive Summary On 21 February, 2010 the State Government released the Metropolitan Transport Plan – ‘Connecting the City of Cities’ (MTP) and has invited submissions by 30 April, 2010. The MTP sets out the State Government’s strategy to link Sydney’s land use planning with its transport network.

The MTP is a 25-year transport plan supported by a 10-year funded package of transport infrastructure for the Sydney metropolitan area. It is the government’s intention to integrate the MTP with the review of the Metropolitan Strategy and, following consultation, the two plans will be consolidated into one Metropolitan Plan which is intended to be released in the second half of 2010.

The Metropolitan Transport Plan (MTP) seeks to achieve the objectives of:

• Commuting to work easily and quickly; • Transport and services accessible to all members of the community; • An efficient, integrated and customer focused public transport system; and • Revitalised neighbourhoods with improved transport hubs.

These objectives are to be delivered through a range of planning, land use and infrastructure mechanisms.

The report outlines the key elements of the MTP and provides comments on the issues that are considered necessary to be resolved in developing an integrated transport and land use plan for Sydney. In particular, how this affects the planning and funding of transport infrastructure and services required to support the development of Penrith in its role as a regional city. The comments in the report will form the basis of Council’s submission to the government.

The report seeks Council’s endorsement of a submission on behalf of Council to the Metropolitan Transport Plan. The report recommends that the information be received and the Acting Design and Technical Advice Manager be authorised to finalise the submission and forward it to the State Government.

Current Situation The Metropolitan Transport Plan – ‘Connecting the City of Cities’ (MTP) is based on the following four objectives:

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The MTP seeks to deliver these objectives through the following mechanisms:

Funded Infrastructure Projects The MTP proposes to deliver a 10-year $50.2 billion funding guarantee package of transport infrastructure. The 10-year funding guaranteed transport infrastructure projects are set out in the table below:

Scheme Project 10-Year Total Project Expenditure Cost (Billion) (Billion) New express rail services • City Relief Line (Eveleigh to $4.530 $4.530 for Western Sydney Wynyard) Enabling works Rail to match the • North West Rail Link $2.759 $9.551 demands of growth • South West Rail Link • Chatswood to St Leonards Quadruplication Light rail in the CBD • Dulwich Hill to Lilyfield $0.500 $0.500 • Circular Quay via Barangaroo to Haymarket • Enabling road works and infrastructure Freight Projects • Construction of Enfield Intermodal $0.483 $0.483 Terminal • Enfield Staging facility, expansion, marshalling and augmentation • Cooks River to Botany freight line duplication Better bus connections • Bus priority measures $2.878 Ongoing • New buses • Replacement buses • New bus depots Getting Sydney Moving • Sydney Metropolitan Strategic $0.158 $0.158 Cycle Network Missing Links Sydney’s Iconic Ferries • Replace 6 Lady and Supercat $0.225 $0.709 vessels • Ferry capital works and renewal Better Customer • Electronic Ticketing $16.244 Ongoing Experience • Continuing the Commuter Parking Interchange Program • Commuter Infrastructure Funds • Clearway and Station Enhancement • Stabling, Engineering and Capital Works • Rolling Stock

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Road Network • Sydney Motorway Network $21.850 Ongoing (essential works) • Great Western Highway • Hume Highway • Pacific Highway • Princes Highway • Sydney Roads Upgrades • State Wide Road Upgrades • Works and Maintenance Planning the Future • Planning for future mass transit $0.536 Ongoing Transport Network development and corridor reservations • Motorway planning corridor reservation and land acquisition Total $50.163

The MTP also identifies projects that are beyond the 10 year funding guarantee that could be brought forward if additional funding becomes available. Those projects include the M5 duplication, the M4 East extension, the Parramatta to Epping rail link, the F3 to M2 link, further enhancement to the dedicated freight network and the commencement of Sydney’s Metro network.

Sydney Metropolitan Development Authority The Government is proposing to establish the Sydney Metropolitan Development Authority (SMDA). The SMDA will be responsible for delivering the outcomes proposed by the consolidated Metropolitan Plan. It will focus on transit oriented development in urban renewal areas and centres, identifying options for funding necessary infrastructure, including value uplift and private sector investment and where necessary act as a development proponent on State owned land.

The SMDA will also act as a development proponent on State–owned land to expedite development and provide local economic benefits. The Department of Planning is preparing an Urban Renewal State Environmental Planning Policy (SEPP) to consolidate and streamline the rezoning process for areas that are defined as urban renewal precincts. The SEPP will:

• streamline the rezoning approach for designated precincts where there is urban renewal opportunity associated with public transport; • promote mixed use and appropriate higher intensity uses within walking distance of public transport infrastructure; • achieve a sustainable centre structure and built form via consistency with an adopted precinct plan prepared using urban design guidelines; and • be simple, rapid and able to deliver land use certainty.

Comment Coordinating land use and transport planning is integral to the creation of accessible, sustainable and desirable urban environments that encourage and support socially inclusive communities. Currently these functions are fragmented across government and the creation of a single entity with the mandate to co-ordinate these functions and the responsibility to create, operate, improve and expand an integrated transport network for Sydney is supported.

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However, it is essential that State Agencies, Local Government and the broader community are engaged and consulted in the preparation of the proposed State Environmental Planning Policy.

North Penrith Urban Area The MTP suggests developing the North Penrith defence site as an “element of the city centre for business”.

Comment This site is currently being investigated as a potential state significant site by the Department of Planning under Part 3A of the Environmental Planning and Assessment Act 1979. The proposal submitted to the Department includes residential, village centre, open space, and industrial uses. The site presents a significant opportunity to develop activities complementing, rather than competing with, development envisaged for the Penrith City Centre commercial core. Penrith City Centre has significant development capacity to meet the city’s future commercial and retail needs in one accessible location south of the railway. An elaboration of the business activities and the point of difference to the City Centre need to be demonstrated and how it complements opportunities in the City Centre needs to be ascertained.

New Western Express Rail Service New express train services are proposed from Richmond, Penrith, Blacktown and Parramatta, with improved seating capacity. The express service will deliver travel time savings of ten minutes from Penrith to the City and 5,000 extra seats from Parramatta in the peak hour. These service improvements are to be delivered by:

• constructing eight new platforms between Redfern and Wynyard (no commencement dates nominated); • constructing a new 5klm city centre relief line from Eveleigh to Wynyard (commencing in 2015); and • undertaking engineering works on the existing network, such as the removal of cross- overs and merging or lane changing.

Comment The proposed New Express Rail Service is consistent with the goals and objectives of the Penrith Integrated Transport and Land Use Strategy (PITLUS).

However, the MTP proposes only a 10 minute saving in travel time between Penrith and Sydney City. Duplication of the western line corridor between St Marys and Penrith would relieve already ‘at capacity’ infrastructure and may contribute to more meaningful time savings for Penrith commuters. Duplication of the rail line between St Marys and Penrith should be included the Government’s 10-year funding guaranteed transport infrastructure program.

North West and South West Rail Links The MTP proposes:

• Planning and commencement of construction of the North West Rail Link from Epping to Rouse Hill. This work includes the provision of six new underground stations at Franklin

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Road (Cherrybrook), Castle Hill, Hills Centre, Norwest Business Park, Burns Road and Rouse Hill. Quadruplication of the existing main northern rail line will be carried out between Chatswood and St Leonards to facilitate connection of rail services from the north west to the existing rail network. • Completion of the South West Rail Link from Glenfield to Leppington, via Edmondson Park by 2016. This would include new stations and commuter car parks at Leppington and Edmondson Park and a new train stabling facility.

Comment Construction of the heavy North West and South West Rail Links is required to service the developing North West and South West Growth Centres and is strongly supported. Construction of the South West Rail Link has commenced, however no timeframe has been indicated for the commencement of construction of the North West Rail Link. Considerable growth has occurred in this region and construction of this rail link should commence as soon as possible.

The MTP rail network is heavily focused on radial transport connections to the Sydney CBD rather than connecting the five Regional Cities of Sydney that were identified in the Metropolitan Strategy. Consideration should be given to reservation of strategic transport corridors to connect the five Regional Cities to ensure land is available to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

In particular, a strategic transport corridor should be reserved connecting the North West and South West Rail Links through the Western Sydney Employment Area (WSEA) and the Western Sydney Employment Lands Investigation Area (WSELIA). These employment lands have the potential to deliver 100,000 additional jobs in the region and strengthen the vibrant and dynamic economy of Western Sydney. Identification and reservation of this corridor should be included in the current review of the Metropolitan Strategy.

The MTP has recognised the construction of the Parramatta – Epping heavy rail link beyond the 10 year guaranteed funded programs could be brought forward if additional funding becomes available. The Parramatta – Epping heavy rail link is a critical rail connection between Western Sydney and north shore employment centres (North Sydney, Chatswood & Macquarie Business Park) and should be included in the Government’s 10-year infrastructure funding program.

Better Bus Connections The Metropolitan Strategy identified 43 strategic bus corridors for the Sydney region. The MTP states that 31 of these strategic bus corridors have been fully or partially implemented to date. Two of these strategic bus corridors link Penrith and Blacktown via St Marys and Mount Druitt and were implemented in October 2009.

The MTP proposes:

• 1,000 new buses; • new bus priority measures; • more frequent bus services and reduced journey times; • more bus services where people want to go including connections to our rail and ferry networks and centres; and

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• a public transport information and priority system to improve average bus speeds.

The MTP also identifies two future strategic bus corridors linking Penrith and Leppington, via The Northern Road and Penrith and Prairiewood, via St Clair and the Western Sydney Employment Hub.

Comment The strategic bus corridors predominantly use existing roads networks and are the only north – south transport links between the Growth Centres and Penrith. As mentioned previously, consideration should be given to reservation of strategic transport corridors between regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

In 1998 the NSW Government released ‘Action for Transport 2010’. That document identified the construction of a Rapid Bus Only Transitway (T-Way) between Penrith and St Marys, through the St Marys release area by 2008. However, the T-Way has not proceeded. The T-Way would provide public transport services to the St Marys, Waterside and Penrith Lakes release areas, which have a potential for up to 9,000 dwellings.

The provision of adequate transport connections between residential communities, retail and commercial centres, sport centres and industrial and employment areas is fundamental to the creation of connected and socially inclusive new incoming communities within these urban release areas. Well located urban release areas and adequately serviced public transport is critical to the proper functioning of these estates. The T-Way should be included in the Government’s 10-year infrastructure funding program.

The Western Sydney Employment Area (WSEA) has experienced considerable growth over the last 7 years and has now been expanded by the State Government to provide more than 2,200 hectares of employment land that has the potential to support 40,000 jobs. Adequate public transport services are critical to the proper functioning of this area. However, limited public transport services have been provided to date. An express bus service should be immediately established to connect the employment area with the Main Western Rail line

Getting Sydney Moving The NSW State Plan has set a target of 5% travel by bike across Sydney by 2016 for all trips less than 10 kilometres. The MTP seeks to achieve this goal through:

• development of a new NSW BikePlan in 2010; • additional programs to encourage cycling in Sydney; • construction of the missing links in the Sydney Metropolitan Strategic Cycle Network; and • new partnership opportunities with local government and business.

Comment Whilst the 5% target is ambitious, development of the new NSW Bike Plan 2010 is supported as it will encourage cycling in Western Sydney.

The construction of the missing links in the Sydney Metropolitan Strategic Cycle Network will provide key bicycle routes on State roads that will link with many of the local routes identified in Council’s ‘Penrith Bike Audit 2009’. It will also go a long way to promoting

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bicycle use for recreational and commuting purposes in this Region, as recommended in the PITLUS.

Increasing the efficiency of the road network The MTP recognises the importance of the road network to the movement of freight, commuting to work and recreational trips. The MTP proposes:

• an extra lane in each direction on the M5 and M2 Motorway; • a definition of the boundaries for a future Outer Sydney Orbital and commencement of work to preserve corridors for the Orbital; • the roll out of a motorway management system which optimises the existing system with off load ramps, electronic message signs, CCTV, incident detection systems and variable speed limits; • continued upgrades to key arterial roads; • a “pinch point” program to relieve bottlenecks on the road system and reduce congestion; and • funding to improve our connection roads across the State.

Comment The importance of the road network to the creation of connected and socially inclusive communities is acknowledged.

The Penrith Regional City Infrastructure Strategy and PITLUS recommend a number of key actions to address inefficiencies in the existing road network to meet forecast growth within the Penrith LGA. Specifically, measures to relieve congestion in peak periods on the M4 freeway, M2 motorway and the broader arterial road network across Western Sydney. There is also a backlog of road improvements, predominantly along the north/south routes located in the central area of the LGA that need to be addressed. These works consist of widening and intersection improvements to Castlereagh Road, Cranebrook Road, Gipps Street and Mamre Road. Planned growth of the City will also require road improvements predominantly along arterial routes through the City, including sections of Andrews Road, Dunheved Road, The Northern Road, Christie Street, the Werrington Arterial and Lenore Lane. The infrastructure needs identified in the Penrith Regional City Infrastructure Strategy and PITLUS should be included in the Government’s 10-year infrastructure funding program.

Freight Projects Currently freight trains have to share tracks with passenger trains on the main rail lines into and out of Sydney. This competition for track space has led to use of curfews during which freight trains are barred or limited in operation while passenger trains are given priority.

The MTP proposes:

• dedicated rail freight routes through Sydney including the Southern Sydney Freight Line and the Northern Sydney Freight Line, with associated benefits for the passenger rail system; • improvements to the Botany and Enfield Rail yards (already funded) to support increased movement of containers from Port Botany by rail in line with the State Plan target of 40 per cent of containers by rail;

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• an investigation into time of day differential access charging reflecting the noise, vibration and pollution levels of locomotives; • improved roads to support efficient freight movement; and • closer liaison with local government, industry and the Australian Government to ensure supply chain efficiency.

Comment The impact of freight movements on the efficiency of the passenger rail network is acknowledged and measures to address this conflict are supported.

The Western Sydney Employment Area is a principal logistics and distribution centre for Sydney and together with the proposed Western Sydney Employment Lands Investigation Area has the potential to accommodate up to 140,000 jobs.

The south west rail line should be extended from Leppington to service these emerging precincts. This should also extend to the main western rail line, providing a more effective passenger and freight service for the region. Planning of the rail system should also include the provision of an Intermodal Freight Terminal to shift freight movements from road to rail. This infrastructure should be identified and included in the current review of the Metropolitan Strategy.

A Better Customer Experience The Government is introducing MyZone ticketing products in April 2010 which is an improvement to the current ticketing situation. The MyZone ticketing system provides a simple fare structure to make it easier to travel in and out of Sydney by private, government buses and ferries. However, the MyZone system is still considered to be cumbersome, with the user having to calculate the best fare combination.

The MTP proposes:

• new rolling stocks over and above the 626 Waratah carriages already committed; • improved access to the transport network for all passengers regardless of age or ability; • the roll out of an integrated electronic ticketing system, starting from 2012; • improved transport info 131 500 passenger communication system; • continued roll out of the commuter car parking program and improved passenger connections between buses and trains through upgrades to essential interchanges, at a cost of over $400 million; • a $57 million Commuter Infrastructure Fund to support upgrades and improvements to stations through easy access upgrades and more awnings and shelter at rail stations; and • increased passenger safety through Automatic Train Protection.

Comment The proposed ‘MyZone’ ticketing product is an improvement which allows users the same tickets on private and Government buses. The ‘MyZone’ system is considered to be cumbersome, with the user having to consider the best fare combination zone bands to use. With an integrated ticketing system, the user activates the system then the system determines the price based on trip, zone, distance and frequency.

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Planning the Future Transport Network The MTP proposes:

• to obtain all necessary concept and development approvals for the Sydney light rail system, the construction of the North West and South West Sydney rail links and the vital approvals for the City Relief Line; • in the medium term, planning for future mass transit options such as rail capacity through the CBD and across the harbour, as well as corridor protection for metros and future high capacity and freight transport options for Sydney; • in the long term, consideration for projects such as: − very fast rail − radial connections to centres − further development of dedicated freight rail network − regional connections.

Comment There is a need for a long term MTP for Sydney that promotes affordable, efficient, customer focused and accessible public transport. That MTP should inform and be informed by the current review of the Sydney Metropolitan Strategy and updated to coincide with the reviews of the State Plan and State Infrastructure Strategy.

It is noted that the NSW State Plan has set an ambitious target of increasing the share of commuter trips made by public transport to and from Penrith CBD during peak hours to 25% by 2016. The 2006 Census Data shows that 8.2% of commuter trips to Penrith CBD are made by public transport. The MTP does not provide any insight on how this is to be achieved, delivered or funded.

Consideration for future planning for identifying transport corridors, radial connection to centres, regional connection and dedicated freight rail networks are consistent principles for future planning for the Sydney metropolitan area. As mentioned previously, WSEA and the WSELIA lands have the potential to deliver 100,000 additional jobs in the western region. Therefore, consideration should be given to reservation of strategic transport corridors between regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

Conclusion The MTP is considered to be a high level strategy rather than a detailed plan. It provides a broad overview and 10 year funding commitment for nominated regional transport investment.

The report outlines the key elements of the Metropolitan Transport Plan – ‘Connecting the City of Cities’ and provides comments on the issues that are considered necessary to support the development of Penrith in its role as a regional city. The comments in the report will form the basis of Council’s submission to the government.

The report seeks Council's endorsement of a submission on behalf of Council to the Metropolitan Transport Plan. The report recommends that the information be received and the Acting Design and Technical Advice Manager be authorised to finalise the submission and forward it to the State Government.

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RECOMMENDATION That: 1. The information contained in the report on the NSW Government Metropolitan Transport Plan be received.

2. Council’s Acting Design and Technical Advice Manager be given the delegated authority to finalise Council’s submission on the Metropolitan Transport Plan – ‘Connecting the City of Cities’ to the State Government in terms of the comments outlined in the report.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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8 Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods

Compiled by: Pauline Johnston, Expenditure Accountant Authorised by: Andrew Moore, Financial Services Manager

Executive Summary To provide a summary of investments and banking for the period 1 March 2010 to 31 March 2010, a reconciliation of invested funds at 31 March 2010 and Agency Collection Methods as at 31 March. The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER I hereby certify the following:

1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2. Council’s Cash Book and Bank Statements have been reconciled as at 31 March 2010.

Vicki O’Kelly Responsible Accounting Officer

RECOMMENDATION That: 1. The information contained in the report on Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 March 2010 to 31 March 2010 be noted and accepted. 3. The graphical investment analysis as at 31 March 2010 be noted. 4. The Agency Collection Methods as at 31 March 2010 be noted.

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ATTACHMENTS/APPENDICES 1. Summary of Investments 4 Pages Appendix 2. Agency Collection Methods 1 Page Appendix

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Ordinary Meeting 19 April 2010 Appendix 2 - Agency Collection Methods

The following is an update of the methods to make payments to Council through various agencies.

Agency Collection Methods 2004/05 to 2009/10 - % of Receipts

45%

40%

35%

30%

25%

20%

15%

10%

0% Bpay - Bpay - Cardpay - Australia Post Australia Post Australia Post CBA Agency - Commsecure Direct Debit PCC Offices Telephone Internet terminated - Counter / - Telephone - Internet terminated 31/12/05 Locked box 31/12/05 2004 / 05 2005 / 06 2006 / 07 2007 / 08 2008 / 09 2009 / 10

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A CITY OF OPPORTUNITIES

Item Page

9 Penrith City Council 'Planning for an Ageing Community' Strategy 39

10 Mobile Playvan Annual Report 49

11 Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys 54

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9 Penrith City Council 'Planning for an Ageing Community' Strategy

Compiled by: Diane Boyde, Community Development Officer - Older People Joe Ibbitson, Community Programs Co-ordinator Authorised by: Jeni Pollard, Acting Community & Cultural Development Manager

Strategic Objective: We have access to what we need Strategic Direction: Our City’s services and facilities are provided equitably, and can be accessed by those in need

Executive Summary At the Policy Review Committee meeting on 27 July 2009, Council resolved to adopt the draft ‘Planning for an Ageing Community’ strategy for placement on public exhibition for a period of 28 days. A presentation on the draft ‘Planning for an Ageing Community’ strategy was made at the meeting and a copy of the draft documentation including the detailed strategies and actions was made available to Councillors. Council also resolved at the meeting to receive a further report on the outcomes of the public exhibition and any proposed changes to the draft documentation. A full copy of the strategy, incorporating any additions to the action plan, will be provided to Councillors after the adoption of the final strategy.

The purpose of the ageing strategy is to guide Council policies and identify priorities for action to best meet the needs of an ageing population. The ‘Planning for an Ageing Community’ strategy will build on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents.

At the Policy Review Committee meeting where the strategy was presented, Councillors raised issues regarding the value of volunteering for older residents. Council has worked in partnership with the Nepean Community College to address this issue. Further to this, Councillors raised issues with regard to appropriate housing for older residents. A forum was held in September 2009 with a range of interested organisations and providers to promote housing opportunities for older residents in Penrith.

Sixteen written submissions have been received in response to the public exhibition process which was held between Monday 17 August and Monday 15 September 2009. The respondents included individual local residents (5), representatives of government agencies (3) and aged care service providers (6) and local seniors groups (2). Details of individual submissions are contained in Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’.

Overall the response to the public exhibition reflected positive feedback to the ageing strategy. The majority of comments have been incorporated in the existing actions and strategies. Two comments have resulted in some minor amendments and additions to the actions.

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The report recommends adoption of the draft strategy incorporating the proposed amendments and additions. A further recommendation proposes that a communications strategy be finalised and implemented to ensure the wide dissemination of the final report.

Background – Planning for an Ageing Community Strategy The draft ‘Planning for an Ageing Community’ strategy is the culmination of an extensive research, investigation and consultation process.

By 2021, the number of Penrith residents aged over 65 years is expected to nearly double to 24,130 people, or 11.5% of Penrith’s population. This rate of increase in Penrith will be faster than in many parts of New South Wales. While Penrith City does not face a crisis concerning population ageing now, there is nevertheless a clear need for long term planning.

The development of the strategy has followed a comprehensive consultation process with Council’s community and government stakeholders. The strategy will also continue to build on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents.

A presentation on the draft strategy was made at the Policy Review Committee meeting on 27th July 2009. At the meeting, Councillors highlighted a number of issues that were included in the strategy. These issues included the role of volunteering for older people in the community, housing opportunities for older residents and the need for a communications strategy to promote the final report.

Since that time, Council has collaborated with the Nepean Community College on a mini conference focusing on volunteering ‘If Only I knew….’ which was held in September 2009. In addition, a series of volunteer workshops have been developed by the college to support organisations using volunteers. The draft report includes further actions and strategies around providing more opportunities and support for volunteering by older people.

A Mayoral Forum, Housing Opportunities for Older People in Penrith City, was held in September 2009. The forum engaged a range of interested organisations, developers and aged housing providers to discuss the opportunities, challenges and the way forward in responding to the housing needs of older people in Penrith City.

The draft ‘Planning for an Ageing Community’ strategy documentation includes sections on the purpose, background and context for the development of the strategy as well as the Action Plan component comprising the actions and strategies to be implemented over the next 10+ years.

Public Exhibition The draft ‘Planning for an Ageing Community’ strategy was placed on public exhibition between Monday 17 August and Monday 14 September 2009. In addition to public displays at the Penrith Civic Centre and the St Mary Business Centre, the public exhibition process was advertised in the local press and promoted in the Mayoral column. The exhibition material was also placed on Council’s website. Information leaflets were sent to all local aged care organisations and individuals who participated in the community consultation process and to an extensive mailing list including the members of the Penrith Community Care Forum.

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In response to the public exhibition process and follow up with key contacts in the aged care sector, sixteen (16) written submissions were received from five (5) individual residents, three (3) representatives of government agencies and eight (8) aged care organisations. The high level of response to the public exhibition process is indicative of the level of interest in the community about the development of the ageing strategy by Council.

Assessment of Submissions Overall, the response to the public exhibition was very positive and supportive of the draft strategy. Respondents appreciated the opportunity to comment on the strategy and congratulated Council on the recognition of the impact of a growing older population and the overall development of the strategy. A letter of acknowledgement has been forwarded to all respondents to the public exhibition process.

Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’ identifies individual responses to the public submission and presents a summary of the issues raised with comments and responses. Appendix 1 indicates that the majority of matters raised in individual submissions have been assessed as being effectively addressed under appropriate actions and strategies in the Action Plan. The relevant action or strategy is identified in Appendix 1.

The scope of submissions was very broad, covering a diverse range of issues with transport and housing identified as the most common concerns. These issues were identified in the development of the draft strategy and have been addressed through a number of actions in the plan.

The following two issues were identified by representatives from the two government agencies (Sydney West Area Health Service and Ageing Disability and Home Care) as important matters in relation to the draft strategy:

• The impact of climate change on vulnerable groups including older people • Social isolation and the development of domestic squalor

Climate Change Older people are identified in the draft strategy as a potentially vulnerable group. Council has recently undertaken the preparation of a ‘Climate Change Risk Assessment & Adaptation Action Plan’. The plan suggests that the elderly are particularly vulnerable to the impacts of climate change. The plan highlights the importance of planning and design in reducing these potential impacts and it is proposed that the incorporation of shade be considered in the planning and design of public places and facilities. Table 1 below presents the proposed addition of shade to action 4.1.3 in the draft Action Plan. Social Isolation The importance of identifying groups at risk of social isolation has been clearly identified in the draft strategy. These groups include people living alone, in rural communities, older people with disabilities, ageing carers and older people from CALD (culturally and linguistically diverse) backgrounds as well as older Aboriginal and Torres Strait Islander people. This is becoming a concern in a growing number of local government areas with several metropolitan councils commencing pilot studies and surveys about the issue.

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It is proposed that an additional strategy responding to issues of social isolation in the community is included in the endorsed ‘Planning for an Ageing Community’ strategy. Table 1 below presents the proposed additional action in the draft Action Plan. It should be noted that action (currently 4.4.2) in the plan provides for Council to ‘enhance support to community organisations working with isolated older people’.

Table 1: Planning for an Ageing Community - Proposed Additions to Action Plan Penrith principle 5 – Build on the characteristics of ecosystems in the development and nurturing of a healthy and sustainable city

Objective 5 (i) Our built environment supports well communities

Priority Theme 4: Create local communities that support active ageing

Strategy Actions Service/external Responsible Timeframe partnership Manager C/s/m/l 4.1 Develop and 4.1.3 Explore Service DTAM/MPM C implement incorporation of strategies and seating, shade, policies that resting places support age- and Stop and friendly built Drop zones in environments the design of public spaces and facilities within the Penrith City Centre 4.4 Promote New Action External CCDM/EHM C social 4.4.2 Monitor partnership interaction and the impact of sense of social isolation community for amongst older older people people in the through community neighbourhood design and facilities Legend: C=current, s=short-term (1-2 years), m=medium-term (2-5 years) and l=long-term (5-10 years)

Some further investigations are being undertaken by Council in response to specific requests and suggestions made in individual submissions. These are identified in Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’ A detailed response to each submission will be prepared following the adoption of the final strategy and the outcomes of these investigations.

It is proposed that the draft report with the identified additions and amendments be adopted by Council and that a communications strategy be finalised and implemented to ensure the wide distribution of the final strategy. This will include a Mayoral launch of the strategy.

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Summary

The draft ‘Planning for an Ageing Community’ strategy is the culmination of an extensive research, investigation and consultation process. The strategy builds on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents.

Council received sixteen written submissions following the public exhibition of the draft documentation in late 2009. The majority of responses were very positive and supportive of the draft strategy. Two minor amendments and additions have been made to the draft documentation in response to suggestions about the impact of climate change and potential social isolation in relation to older people.

The report recommends the adoption of the draft strategy with the identified minor amendments and additions. The report further recommends the development of a communications strategy to ensure the wide distribution of the final report.

RECOMMENDATION That: 1. The information contained in the report on Penrith City Council 'Planning for an Ageing Community' Strategy be received. 2. The draft ‘Planning for an Ageing Community’ Strategy be adopted with the amendments and additions as identified in the report. 3. A communications strategy be developed and implemented to ensure the wide distribution of the final strategy report.

ATTACHMENTS/APPENDICES 1. Draft Planning for an Ageing Community Strategy - Summary of 5 Appendix Responses to Public Exhibition Pages

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10 Mobile Playvan Annual Report

Compiled by: Amanda Collins, Mobile Playvan Co-ordinator Authorised by: Janet Keegan, Children's Services Manager Operations

Strategic Objective: We have access to what we need Strategic Direction: Our City’s services and facilities are provided equitably, and can be accessed by those in need

Executive Summary This report provides information on the operation of the Mobile Playvan service during 2009. The report recommends that the information be received and that Mobile Playvan staff be congratulated on the outcomes achieved.

Background The Mobile Playvan service has been in operation since 7 June 1982. This valuable and unique service offers families a free play session facilitated by trained early childhood professionals. The Mobile Playvan is an important service for families in the Penrith LGA, and provides families with a free activity to attend on a regular basis. The service distributes essential information to families and is a soft entry service that enables families to have a positive experience with a children’s service, gain parenting information and support, and building informal social networks with other families in their local community.

The service provides a hub of information, including referral and specialist information, parenting support, community services information, and health and development information. The service empowers parents to be proactive in the care and education of their children. The Playvan service supports parent health and wellbeing and is a service that is managed internally by the Children’s Services Department.

Venues in 2009 The Mobile Playvan visited seven different locations around the Penrith LGA on a weekly basis during 2009. The venues that were serviced are listed below:

Monday 9.30am Wallacia - Fowler Reserve, Silverdale Road Tuesday 9.30am Cranebrook - Andromeda Drive Community Centre, opposite Corpus Christi Primary School 12.30pm Claremont Meadows - Cedar Park, between Primrose Circuit and Sunflower Drive Wednesday 9.30am North St Marys - North St Marys Neighbourhood Centre Debrincat Avenue 12.30pm Glenmore Park - Public Reserve, between Glengarry Drive and Torquay Terrace Thursday 9.30am Glenmore Park - The Public Reserve, Muru Drive Friday 9.30am Claremont Meadows - Community Centre Sunflower Drive

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Future venues for the Mobile Playvan service will be determined through a planning process in 2010. The service does not guarantee to stay in a particular location for any length of time and this is determined by utilisation, other services developing and operating, demand in new release areas, etc.

Outcomes for the service The service aims to fulfil the following outcomes: 1. Assist families (both parents and children) to develop social networks; 2. Support families in parenting role (including positive parent child interactions); 3. Improve access to parenting information; 4. Promote positive learning experiences for children; 5. Support transition to school and other children’s services.

These outcomes are regularly evaluated through indicators, data gathering tools, staff evaluation and photographic evidence.

Council officers have reported positive outcomes for parents through improved parenting skills and increased positive interactions with children. This has been evident through informal conversations and staff observations.

Parent education packs were distributed on topics such as numeracy and literacy, starting school, language development, guiding behaviour and developing healthy eating habits. Monique Desmarchelier, Council’s Healthy People Partnership Officer, attended two Playvan sessions to assist with education on choosing healthy snacks and meals for children.

Each new family to the service is given a welcome bag on arrival to the service which includes a range of information on services in the community, childcare services, and topics such as sun protection, parenting groups and road safety. During 2009 over 143 welcome packs were distributed to new families.

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Utilisation in 2009 During 2009 strong attendance patterns continued, some sessions grew considerably while others remained stable. During the year, 237 sessions were held with an average of 13 parents and 17 children attending each session. This includes figures from Children’s Week activities held at our regular sessions where staff noted a significantly higher attendance during that week. Over 240 individual families have attended the sessions throughout the year

Mobile Playvan Staff Council officers attended a range of professional development opportunities in 2009. All staff were able to attend an annual conference specifically designed for mobile services, which was held in Rooty Hill for three days. This conference gave the staff the opportunity to network with other services across NSW and share information and resources from a mobile service perspective.

Partnerships with other organisations Council officers have maintained strong links with Mission Australia who have continued to provide a worker on a fortnightly basis to the session at North St Marys. In 2009 a worker was also available from Mission Australia to attend Claremont Meadows on a weekly basis to support families and assist staff as this can be one of the largest sessions. This partnership has given the families in both areas access to a range of family services and training and also allows the parents to connect directly with this service.

Staff were also involved with the Paint the Town REaD promotions and attended two events to assist with the promotion of this beneficial initiative showing support through the provision of activities at Oxley Park and South St Marys.

The Mobile Playvan Coordinator has continued to attend groups such the Nepean Child and Family Forum and the Claremont Meadows service provider group. Both of these groups enable staff to keep up-to-date with services and with current issues that are relevant to families in the LGA. It also assists Council officers in keeping up-to-date with new initiatives in the LGA that are beneficial for families.

Involvement in events in the LGA Children’s Week The Mobile Playvan staff team were involved in delivering Children’s Week activities across the LGA during this national event on 26-30 October. During this week over 320 children and their families took part in the celebration.

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A diverse range of community services were involved in Children’s Week events. These services included:

Community Access Care Pair Brighter Futures/Community Services (formerly DoCS) Community Health The Sustainability Unit Playgroups NSW Mountains to Meadows Mobile Preschool Connecting Cranebrook/SPYNS TAFE NSW Penrith City Council Library services – toy library and story time staff Penrith City Council Healthy People Partnership Officer

Events and activities for children and families were held in the following locations:

Monday - Wallacia – (cancelled due to rain) - rescheduled and held on Monday 23 November Tuesday - Cranebrook shopping centre St Marys Library Wednesday - Civic Centre in front of Joan Sutherland Centre Thursday - Glenmore Park – Blue Hills Friday - Claremont Meadows

Due to rain the Wallacia event was postponed, and staff held a fun day for families on 23 November to ensure families experienced similar activities including a farm for their session. The local primary school attended with kindergarten children, which was a great opportunity for families to connect with their local school.

Council Family Fun Day The Mobile Playvan staff were involved in planning and setting up the area for Children’s Services which was highly successful with many families taking part in the planned activities and accessing information about Council’s children’s services. Staff distributed story books to families to encourage literacy at home and foster positive early reading habits with parents and children. Several bilingual books were distributed to families who spoke more than one language. The day proved to be very successful for the promotion of Council’s children’s services.

Rock at the Weir Playvan staff attended the Rock at the Weir celebrating the centenary and 50th anniversary of Penrith as a city, providing a range of activities for children. Staff were able to promote

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Council’s children’s services and engage with the community in an atmosphere that was family friendly and enjoyed by all who attended.

Summary

The outcomes achieved by the Mobile Playvan service in 2009 is the culmination of a lot of hard work by Council staff involved in the service. The service builds on the work that the Children’s Services Department undertakes in supporting families with young children and promoting the importance of the early years.

RECOMMENDATION That: 1. The information contained in the report on Mobile Playvan Annual Report be received. 2. The Mobile Playvan staff be congratulated on outcomes achieved in 2009.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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11 Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys

Compiled by: Katerina Tahija, Youth Development Officer Authorised by: Jeni Pollard, Acting Community & Cultural Development Manager

Strategic Objective: We have access to what we need Strategic Direction: Our City’s services and facilities are provided equitably, and can be accessed by those in need

Executive Summary The Don Bosco Youth and Recreation Centre, St Marys has a long history of providing activities for young people and the community of Penrith. Council has been a long standing supporter of the Centre since its inception.

The Don Bosco Centre is a well utilised facility and continues to be very well attended offering a broad range of activities for young people and the community. The facility attracts a diverse range of community and school groups, including disability groups, sports groups and youth groups.

The Centre provides Friday night and weekend activities which are very well attended by young people. The Centre’s 2009 Audit Report demonstrates that the facility is well utilised and continues to be a popular site for young people. This information is supported by recent engagement activities with young people and families that has confirmed the Centre as an important asset in the St Marys community.

This report recommends continuation of Council’s funding contribution for the Don Bosco Youth and Recreation Centre. This report recommends a further 5 years of funding and a renewal of the terms of the current partnership contract between Council and the Salesians of Don Bosco.

Council’s ongoing financial contribution to the Don Bosco Centre supports the continued delivery of accessible recreation activities to young people and the community.

Background In 1992 Council leased land in Mamre Road, St Marys to the Salesians of Don Bosco to build a centre aimed at meeting the recreational and social needs of young people in the Penrith area. Conditions of the lease, in relation to the provision of service to the community, included that the proposed centre be accessible and affordable to the community. The land was offered at a token rent for 75 years and Council agreed to pay any land rates for the site.

In addition to this Council provided a lump sum of $100,000 towards the construction of the Don Bosco Youth and Recreation Centre.

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Also in 1992, Council agreed to make an indexed annual contribution for five years of $25,000 towards running costs and equipment. The conditions of this deed of agreement related to how the payment would be indexed, paid and reviewed by Council. The deed outlined that Council, following an agreed upon procedure, may increase, decrease or cease any such payments following a review.

This contribution has been reviewed in both 1996 and 2004, with Council receiving information on the ongoing operation of the Centre. In 2004, Council endorsed the continuation of the contribution followed extensive investigation of possible alternative funding arrangements or a differential fee arrangement for local residents.

The results of the investigation found that alternative ongoing funding sources were not available as funds were already fully committed to other projects, were of a short term nature or a one off contribution only. The introduction of a differential fee system would be in addition to already operating fee structures and would be against the Salesian Society philosophy of providing a service for all young people in an equitable way.

The high utilisation, the popularity of the Centre amongst young people and the extensive use of the Centre by schools, disability/community groups supported that Council continue to provide funding.

The 2004 report recommended that Council continue to provide a funding contribution to the Don Bosco Centre for a further 5 years. In addition, it was recommended that the new agreement would take the form of a new legal contract with provisions that allowed the changing of terms if either party had reason to do so.

Following the reporting of the results to Council, the 2002-03 annual recurrent financial contribution to the Don Bosco Centre ($33,113.21, exclusive of GST) was adopted as the base contribution for this five year agreement. Council’s ongoing financial contribution to the Don Bosco Centre supports continued delivery of accessible recreation activities to young people and the community. This agreement is now expired and ready for renewal.

Don Bosco Centre Current Operation The Don Bosco Centre continues to be a highly utilised and popular service. Located on Mamre Road, St Marys and part of the St Marys Corner Community and Cultural Precinct, the Don Bosco Centre is well placed to assist with the continued activation of this area.

The Centre provides both individual and team activities, involving families and a wide range of residents. The philosophy of the Centre is to enrich the lives of all young people, with a focus on those most in need. The aim is to provide a range of interesting, healthy and enjoyable activities to build confidence and self esteem.

A representative from the Centre currently participates in the St Mary’s Corner Community and Cultural Precinct Reference Group and it is envisaged that there will be ongoing opportunities for the Don Bosco Centre to engage in precinct activities.

Representatives from the Centre are also active in the youth sector, participating in a number of networks including Penrith Youth Interagency, a monthly forum convened and resourced by Council’s Youth Development Officer. The Centre also participates in joint activities with other youth organisations to provide activities for young people.

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Activities of the Centre The Don Bosco Youth and Recreation Centre is a purpose built facility that provides a broad range of activities. Activities provided include trampolining, soccer (indoor/outdoor), tennis, table tennis, volley ball, basketball, skateboard/scooters, billiards, cricket, indoor games and movies.

The Centre provides free Friday night drop in for young people which attract approximately 200 participants per session.

The Centre also provides weekend family activities and school holiday programs for the community. Feedback from residents and young people during recent Neighbourhood Renewal Activities in St Marys has indicated a high level of knowledge of the Centre and engagement in Centre activities. Many young people indicate that the Don Bosco Centre is something they value about St Marys.

Centre Usage As recorded in the Centre’s 2009 Audit Report, the usage of the facility for the 2009 calendar year was as follows:

1. Young People - approximately 70,000 for the year, averaging 1346 per week.

2. Groups - there were 118 groups using the Centre including primary schools, high schools, youth groups, disability groups, vacation care, sports groups and business groups. Many groups use the Centre on a weekly basis.

3. Private parties - there were over 300 birthday parties.

These numbers reflect the high usage of the Don Bosco Centre, with the Centre reporting that the majority of young people and groups come from within the Penrith LGA.

Current Youth Recreation Services Funding Environment There has been very little change in funding availability for youth recreation services in the past few years. The small amounts of available grants are often one off amounts only and are highly competitive. Most importantly, new funding generally does not fund ongoing existing core services.

There has been a substantial refocus of Federal Government funding for youth projects which has impacted on the provision of recreation based services across the City. The Department of Education, Employment and Workplace Relations (DEEWR) that previously funded the YouthLinx program, funding that contributed to both the Glenmore Park Youth Service and the South Creek Mobile Youth Service, no longer exists. The focus for Federal funding has turned to education and training support. A memorandum was sent to Council on 24th December 2009 informing Council of this change.

This memorandum provided a context to the refocus of funding from recreational based programs to education based programs. In the COAG (Council of Australian Governments) National Partnership Agreement on Youth Attainment and Transition, there is a National

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Youth Participation Requirement that young people are required to continue education, employment or training activities until age 17.

While there is a need for young people to have additional support to attain their Higher School Certificate, engage in training or commence employment, this refocus of funding has further cut back access to recreational services for young people.

The need for accessible recreation activities is often identified during consultations with young people. Both the Penrith City Council Youth Summit 2009 and the Penrith Youth Interagency Action Plan 2010 clearly identified and prioritised the need for accessible, affordable and appropriate recreational activity.

The continued funding of the Don Bosco Youth and Recreation Centre is in accordance with data that identifies the need for ongoing recreational activities for young people. Further to this, the Don Bosco Centre is often a point of contact for young people and a place of safety and connection to the local community.

Council’s Funding Contributions toward other Youth Projects Council provides funding contributions to 7 identified youth services to support ongoing recreational services to young people, as reported to the Ordinary Meeting of Council on 1st June 1998.

This funding is provided as a reimbursement for school holiday program costs and must be applied for by individual services. There have been significant changes to the funding and operation of these youth services in recent months. Therefore a review is being undertaken by Council of the school holiday program contributions to identify the most equitable and sustainable way to support the provision of recreational activities for young people in the City.

Council also provides accommodation for a number of youth services and provides assistance with utility payments and building maintenance.

Council’s Future Funding Contributions Council has supported the Don Bosco Youth and Recreation Centre since its start in 1992. Council’s ongoing support has been significant and has contributed to the ongoing accessible and affordable programs that are available through the Centre. The programs provided at the Centre are highly popular and attract a broad range of young people from across the City.

It is recommended that Council commence discussion with representatives of the Don Bosco Youth and Recreation Centre to initiate a further five year funding contribution similar to that already in place.

Council’s ongoing financial contribution to the Don Bosco Youth and Recreation Centre will play a significant role in supporting the continuing provision of recreational services to young people in Penrith City.

In the renewal of a funding agreement with Don Bosco, there is a requirement that an annual report including data on usage be submitted to Council prior to that years contribution being processed.

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Council can at any time request further information to do with the use of the funding contribution if required.

Financial Services Manager’s Comment Council has a long history of providing funding to the operations of the Don Bosco Youth and Recreation Centre. Usage statistics for the 2009 calendar year demonstrate that the centre is well utilised, providing an essential youth and recreation venue for the area. Council’s annual contribution forms part of the base budget and accordingly funding of $33,200 (ex GST) for the 2009-10 contribution is included in the 2009-10 Operational Plan. Future Operational Plans will continue to include this contribution as part of the base budget.

Conclusion The Don Bosco Youth and Recreation Centre, St Marys has a long history of providing activities for young people and the community of Penrith City. Council has been a long standing supporter of the Centre since its start in 1992-93.

Council’s ongoing financial contribution to the Don Bosco Centre supports the continued delivery of accessible recreation activities to young people and the community.

The Don Bosco Centre is a well utilised facility and continues to be very well attended and offers a broad range of activities for young people and the community. The facility attracts a diverse range of community and school groups, including disability groups, sports groups and youth groups.

A financial contribution of $33,200 is included in the Operational Budget for this financial year. Future Operational Plans will continue to include this contribution as part of the base budget.

RECOMMENDATION That: 1. The information contained in the report on Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys be received. 2. Council commence negotiations with the Don Bosco Youth and Recreation Centre at St Marys to renew the partnership service deed of agreement that clearly outlines the annual reporting requirements of the Don Bosco Centre, and that this agreement be for the period 2009-10 to 2014-15. 3. The annual recurrent financial contribution to the Don Bosco Centre of $33,200 (exclusive of GST) be adopted as the base contribution for this five year agreement.

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4. The new agreement continue to include a clause stating that Council’s financial contribution can be reviewed, following an agreed upon procedure, at any time and may increase, decrease or cease following the review. 5. The renewed agreement be developed consistent with this report to the satisfaction of Council’s Community and Cultural Development Manager and Legal Officer. 6. The Common Seal of Penrith City Council be affixed to all necessary documents.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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A GREEN CITY

Item Page

12 Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives 63

20 Review of Development Applications Processed in Llandilo 187

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12 Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives

Compiled by: Anthony Price, Acting Environmental Health Manager Adrian Estreich, Team Leader (Environment) Authorised by: Anthony Price, Acting Environmental Health Manager

Strategic Objective: Our natural habitats are healthy Strategic Direction: The City’s catchments are healthy

Executive Summary Funding for the Londonderry and Agnes Banks Sewerage Scheme was announced in March 2009 under the Sydney Water Priority Sewerage Program (PSP).

Work on the Scheme commenced in July 2009 and it is estimated that connections will be available to residents in rural villages in Agnes Banks from July 2010 and in Londonderry from December 2010.

Council actively implemented incentives to encourage property owners to connect to the previous Mulgoa and Wallacia PSP Scheme. Following on from the high success and connection rates of 94% experienced in that Scheme, it is once again proposed that a number of incentives be implemented by Council to encourage property owners to connect to the Londonderry and Agnes Banks Scheme. These include:

1. Council offering residential property owners within the Scheme area the final pump out of existing septic tank free of charge provided the sewer is connected within 12 months of it becoming available (this is required as part of the decommissioning of the old on-site system prior to connection to the Scheme).

2. Discontinuing of the current subsidy for sullage collection (pump out) services after the sewerage Scheme has been available to a property for 12 months.

The Londonderry and Agnes Banks Scheme will provide the community with significant environmental health and social benefits. Historically, on-site sewage management systems in rural villages have greater potential to pose environmental and public health risks (i.e. from system failures and illegal discharges where untreated effluent enters the stormwater system, waterways or impacts on adjoining residential properties). The connection of properties to the Scheme in Londonderry and Agnes Banks rural villages will result in improved environmental and public health outcomes for the community.

This report recommends the adoption of incentive measures to encourage residents to connect to the Scheme.

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Background Funding for the Londonderry and Agnes Banks Sewerage Scheme was announced in March 2009 under the Sydney Water Priority Sewerage Program (PSP). This area was given priority under this program because of its location within the Hawkesbury Nepean Catchment. In addition, the Scheme will have significant environmental health and social benefits to be achieved by the reduction in potential for untreated effluent entering waterways or being disposed of inappropriately.

The Scheme represents a significant investment in improving the quality of the environment and reflected the committed effort of Council in lobbying for the inclusion of this area in the Priority Sewerage Program.

A ‘Pressure System’ is being delivered by Sydney Water for this Scheme, which is different to the ‘Gravity System’ used in the Mulgoa and Wallacia rural villages. The pressure system relies on a small in-ground tank installed on each property which collects and feeds the effluent into the main sewer line under pressure. The in-ground tank, otherwise known as a pressure sewerage system holding tank, is installed and maintained by Sydney Water. The property owner is only responsible for the works from the in-ground tank to the house (and associated plumbing upgrades if required). As such, this type of system provides a cheaper alternative to the residents than a traditional ‘Gravity System’.

Update on Construction Works Sydney Water is currently completing the main sewage pipes and boundary connection points for Agnes Banks. This work is due to be completed within the next few months. Work on the main sewage pipes and boundary connection points for Londonderry is due to commence in March 2010. (See attached maps of the Scheme area - colour copies will be provided to Councillors under separate cover).

It is estimated that the installation of the individual pressure sewerage system holding tanks in Agnes Banks will commence in the next 6 to 8 weeks with connections to the Scheme being available by July 2010. The individual pressure sewerage system holding tanks for Londonderry will commence around August 2010 with connections to the Scheme being available by December 2010.

There will be a period of time between the installation of the pressure sewerage system holding tanks and connections becoming available on each property. Approximately 2.5 cubic metres of soil will be generated by excavations on individual properties. This material will typically be retained in an appropriate location on properties for future use in the decommissioning (filling in) of old tanks. If contaminants are identified in the soil they will be removed and disposed of by Sydney Water.

Council officers have been involved in meetings with Sydney Water (PSP) representatives to address any temporary impacts that may be experienced during construction works. In addition, the Environmental Health Department is involved in plumber and community information sessions when they are arranged by Sydney Water.

Encouraging Early Connection Council has recently experienced a high level of success with connections to the Mulgoa and Wallacia Sewerage Scheme. The connection rate in those suburbs was 94%, which is

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considerably higher then those experienced in other Schemes. This success was due to Council’s commitment to work with Sydney Water and the community to encourage early connection. Incentives implemented as part of that Scheme included Council providing residents with a free final pump out of their existing septic tank. In addition, Council advised residents that it would discontinue the subsidy for sullage collection (pump out) services after the sewerage Scheme had been available to a property for a period of 12 months.

It is proposed to implement similar incentives to encourage early connections for properties to the Londonderry and Agnes Banks Scheme. These include:

1. Council covering the costs of the final pump out (including solids removal) for the existing septic tank on residential premises connecting to the Scheme within the first 12 months of connections being made available. This service will be offered during the normal business week. The costs for these pump outs are expected to be in the order of $398 per premises. This pump out is required before Sydney Water will approve connection to the sewer. It is estimated that the total cost of these pump outs will be $55,000. This initial cost will be covered through Council’s Sullage Reserve and will be recovered by the future savings if Council discontinues the subsidies discussed in the following point.

2. Withdrawal of the current subsidy for sullage collection (pump out) services after the sewerage scheme has been available to a property for 12 months. Council currently provides a substantial subsidy of approximately $2,036 per annum for each property that requires a pump out service. The withdrawal of this subsidy will make connection to the Scheme the best remaining economical option.

3. Council Environmental Health Officers continue to work with Sydney Water’s Community Communication Officers and residents to encourage connection to the Scheme.

Waste and Community Protection Manager’s Comment The final pump out of septic tanks (residential) under the Mulgoa and Wallacia Sewerage Scheme was performed by Council’s contractor Remondis at an agreed rate. Remondis have again offered a discounted rate ($398 per service for 1.25 hours on site plus $92/hour thereafter) to perform the services in Agnes Banks and Londonderry provided Council is invoiced directly (in lieu of property owners) for this service. Council’s effluent disposal facility adjacent to the sewerage treatment plant in Castlereagh Road Penrith will be used to dispose of the septic waste. Sydney Water has granted conditional approval for the disposal of septic solids at this facility while the free pump out service is available.

Financial Services Manager’s Comment Council received a special rate variation of 1.32% in 2004-05 to subsidise those households not having access to sewerage services. The purpose of the subsidy was to redress inequity of access to sewerage services and also to assist in limiting the amount of potential environmental damage caused by illegal pump outs. Funding provided for sullage services in villages not connected to sewer for the special rate rise in 2004-05 is increased annually by the Ministerial rate rise. As more households are connected to the sewer the subsidy required will decrease. Following discussions with the Department of Local Government it was

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determined that Council would retain the current special rate rise and redirect any savings to the Sullage Reserve to fund environmental enhancement projects across the city.

The Sullage Reserve is estimated to have a closing balance of $145,037 at the end of June 2010 and $77,113 as at June 2011. Each year the Reserve is increased to maintain the subsidy and funds are allocated from the Reserve to environmental enhancement projects that had previously been funded from general revenue. Sufficient funds are available in the Reserve to cover the cost of the final pump out for the existing septic tanks on residential premises which is estimated to be a minimum of $55,000. However, based on 10-year projections for the Sullage Reserve the funding of final pump outs from the Reserve as proposed in this report may require a review of those projects currently funded from the Reserve in future years.

Conclusion The Londonderry and Agnes Banks Priority Sewerage Scheme will provide the community with significant environmental health and social benefits. Historically, on-site sewage management systems in rural villages have greater potential to pose environmental and public health risks (i.e. from system failures and illegal discharges where untreated effluent enters the stormwater system, waterways or impacts on adjoining residential properties). The connection of properties to the Scheme in Londonderry and Agnes Banks rural villages will result in improved environmental and public health outcomes for the community. The proposed connection incentives are considered an essential component to ensure the success of the Scheme.

RECOMMENDATION That: 1. The information contained in the report on Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives be received. 2. Council cover the cost of the final pump out of septic tanks (including solids removal) at the rates quoted by Remondis. The free service for final pump outs provided to residential premises connecting to the Scheme within the first 12 months of connections be made available by Sydney Water, with funding for this service to be provided from the Sullage Reserve. 3. The current subsidy for sullage collection services (pump out) be withdrawn after the sewerage Scheme has been available for connection to properties for a period of 12 months.

ATTACHMENTS/APPENDICES 1. Maps of the Scheme Area 2 Pages Appendix

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Ordinary Meeting 19 April 2010 Appendix 1 - Maps of the Scheme Area

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13 Development Application DA09/0148 Torrens title Subdivision DA09/0148 of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo Applicant: Planning Options Australia Pty Ltd; Owner: Anna Maria W Pennings, Kristine Joanne Monsieur & Paul Anthony Monsieur

Compiled by: Ashlee Cutter, Trainee Environmental Planner Authorised by: Paul Lemm, Development Services Manager

Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption Strategic Direction: We respond to the impacts of climate change, and support the principles of sustainability

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 subdivision of an existing lot into two Torrens title lots. There is an existing detached dual occupancy located on the site and the proposal would result in a single dwelling remaining on each proposed lot. The site is identified as bush fire prone and the application was referred to the Rural Fire Service (RFS) in accordance with Section 100B of the Rural Fires Act 1997.

The application seeks a variation to the lot size requirement within under Penrith LEP 1991 (Rural Lands) from the minimum of 40 hectares to 2.15h and 2.6h, by way of an objection under State Environmental Planning Policy No.1 “Development Standards” (SEPP 1).

As the proposal seeks a variation to the development standard that is greater than 10%, the application is to be reported to in accordance with the NSW Government Department of Planning’s Planning Circular (reference No. PS 08-014). The report recommends that the objection to the development standard be supported and the application be approved under delegation subject to the Department of Planning concurrence to the SEPP1 Objection.

The applicant has chosen to lodge an objection to the minimum lot size in order for Council to determine the application rather than wait for the gazettal PLEP 2008.

Site and Surrounds The subject site is situated on the northern side of Fourth Avenue at its intersection with Mayo Road, Llandilo. The site is triangular in shape and approximately 4.75 hectares in area. The site is currently occupied by a detached dual occupancy development as approved under delegated authority on 13 April 2002 in consent No. 02/0449. That application involved the construction of a single storey 4 bedroom home located approximately 80m from the existing dwelling. These residential dwellings currently have separate driveways which gain access off Mayo Road, Llandilo.

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A transmission easement approximately 15 metres wide is located along the western boundary. (See Locality Plan in Appendix No. 1)

The surrounding area is characterised by low density rural residential development comprising single residential dwellings.

The Proposed Development A Torrens title subdivision of Lot 4 DP 571754 (No 14) Fourth Avenue Llandilo to form two lots is proposed (refer to plan of subdivision Appendix No. 2). Proposed Lots 41 and 42 are to be serviced by existing separate driveways fronting Mayo Road. The proposed area of the lots is as follows:

Lot No Area Minimum Lot Size % Variation 41 2.15 Hectares 40 Hectares 94.6 42 2.6 Hectares 40 Hectares 93.5

The proposed lots would accommodate the existing dwellings each on a separate lot. An objection under State Environmental Planning Policy No.1 - Development Standards (SEPP No.1) has been submitted with the application in regard to the 40 hectare minimum lot size under the LEP.

The application was accompanied by:

- Proposed Plan of Subdivision prepared by Planning Options Australia dated January 2009;

- Statement of Environmental Effects incorporating a SEPP 1 objection prepared by Planning Options Australia dated January 2009;

- Bushfire Assessment Report prepared by Abel Ecology dated 30 June 2009.

Planning Assessment The development has been assessed in accordance with the relevant matters for consideration under the Environmental Planning and Assessment Act 1979, and the following relevant considerations identified:

Section 79C(1)(a)(i) – Any Environmental Planning Instrument Penrith Local Environmental Plan No.201 – Rural Lands (LEP 201)

Penrith Local Environmental Plan No. 201 (Rural Lands) The subject site is zoned 1(a) (Rural “A” Zone – General) under Penrith Local Environmental Plan (LEP) 1991 (Rural Lands. The proposed development is defined as Torrens Title subdivision, which is permissible with the consent of Council.

The relevant objectives of the 1(a) (Rural “A” Zone – General) are:

(a) to protect and enhance the scenic quality and rural character of the locality; and

(b) to ensure that development is compatible with the environmental capabilities of the

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land and to encourage the conservation and enhancement of natural resources by means of appropriate land management techniques; and

(e) to ensure that development does not create unreasonable demands, now or in the future, for provision or extension of public amenities or services; and

(f) to ensure that traffic generating developments are suitably located so as not to adversely affect the safety and efficiency of roads; and

(i) to ensure that views from main roads and the rural character of the locality will not be adversely affected; and

Comment: The proposed subdivision is consistent with the zone objectives. The development is compatible with the environmental capabilities of the land will not impact on any views from main roads and other vantage points in the locality. The subdivision will merely result in a formal recognition of separate titles on the site.

The development is not considered to create unreasonable demands on public amenities or services as it will use the existing services and road network.

Clause 11 Clause 11 of the LEP states that each allotment to be created by subdivision is not less than 40 hectares in the case of land zones within 1(a). The proposed development involves the subdivision of lot 14 into 2 lots with minimum lot size of 2.15 Hectares and 2.6 Hectares and the application is accompanied by a SEPP 1 objection.

State Environmental Planning Policy No. 1 – Development Standards The proposed development does not comply with Council’s development standard relating to the minimum lot size. In this regard, Clause 11 of Penrith Local Environmental Plan (LEP) 1991 (Rural Lands) stipulates that in the 1(a) (Rural “A” Zone – General) zone the minimum lot size to be created by subdivision is 40 Hectares. The proposed development involves the subdivision of lot 14 into 2 lots with minimum lot size of 2.15 Hectares and 2.6 Hectares, representing a proposed variation from the relevant development standards of 94.6% and 93.5% respectively.

The application was supported with a written objection to the development standard contained in Clause 11 of Penrith LEP 1991 (Rural Lands) under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Councils to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

Section 4(1) of the Environmental Planning and Assessment Act 1979 defines development standards as follows:

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of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of:…

(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point,…

Based on this definition, it is considered that Council’s requirements relating to the minimum lot size of a site can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

Minimum Lot Size The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum lot size of a site in the 21(a) (Rural “A” Zone – General) zone is reproduced below.

The site is located on the fringe of the village of Llandilo between a range of allotments which have areas similar to those which are being created by this application; The site has not been identified as being within an area that has any cultural, heritage, aesthetic or environmental significance; The site is located within an area that is generally rural residential in character with single dwellings on separate parcel of land being the predominant feature of the landscape; The proposal will not create any new allotments on which single dwellings can be erected; The proposed development will provide an opportunity for the continued development of affordable housing within the suburb of Llandilo and surrounding locality; and The reduced lot size would be consistent with the present use of the site.

Comment: The minimum lot size provisions are a development standard and under the provisions of SEPP1 may be varied with the concurrence of the Department of Planning. The concurrence of the Director – General is required because the proposal involves new allotments with greater than 10% departure from the development standard.

The application was referred to the Department of Planning and discussions were held with Council officers regarding the application. The Department has indicated that it will further consider applications for concurrence once Council resolve its position on the variation proposed.

A planning assessment of the proposed development reveals that although the proposed subdivision provides lots below the minimum lot size allowed under the current zone provision it is considered to meet the objectives of the 1(a) zone under Penrith Local Environmental Plan No. 201 (Rural Lands). Although the application does not comply with the relevant development standard, the SEPP 1 objection submitted by the applicant demonstrates the proposal is consistent with the objectives of the zone and that the development standard is not compromised.

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The lot sizes proposed are not inconsistent with the lot pattern in the general locality with most lots being of similar size. Contextually, the proposal is not inconsistent with the general character of the immediate area.

It is noted that under Draft Penrith Local Environmental Plan 2008 the minimum lot size will be 2 hectares for this site. The proposed development is consistent with the relevant provisions contained in Draft PLEP 2008 as they relate to the minimum lot size.

As a result it is considered that in this circumstance strict compliance with the development standard is both unreasonable and unnecessary based on the above discussions and the imminent gazettal of Draft PLEP2008.

In accordance with Clause 7 of SEPP 1, it is considered the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3 in that compliance with the standard would be unreasonable and unnecessary. In this regard, appropriate separation is maintained between the existing dwellings and the development maintains the prevailing settlement pattern in the local landscape from both the adjacent road and the surrounding existing rural residential development.

In summary, the SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum landscaped area would be unreasonable and unnecessary in the circumstances of the case.

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments Draft Penrith Local Environmental Plan 2008 (Draft PLEP 2008) Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan (PLEP) 2008 considered proposed amendments to the land Llandilo. The amendments provides for a resultant minimum lot size of 2 hectares on the subject site.

In December 2009, Council sent draft PLEP 2008 to the Department of Planning to be made by the Minister.

The subject site is included in the Draft PLEP 2008 and is proposed to be zoned RU4 Rural Small Holdings. The Rural Small Holdings zoned under this LEP has a minimum lot size of 2 hectares under draft clause 4.1.

The proposed subdivision is consistent with the provisions of draft PLEP 2008.

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Penrith Development Control Plan 2006 (DCP 2006) Part 4.9 Rural Development of Penrith Development Control Plan sets the objectives and development requirements for density and allotment design for subdivision.

The DCP states that subdivision is to be in accordance with Clause 11 of Penrith Local Environmental Plan 201. Given the SEPP 1 objection to this clause is supported, a variation to the DCP requirement is also supported.

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The proposed subdivision has satisfactory arrangements for access and servicing and maintains the rural character of the area. The proposal subdivision is consistent with the objectives and provisions contained in the DCP chapter for Rural Development.

Section 79C(1)(b) – The Likely Impacts of the Development Built and Natural Environment Clause 34 of Penrith LEP 1991 (Rural Lands) permits dual occupancy development although this is not the subject of this application, potential exists to create a dual occupancy development on each of the proposed lots 41 and 42, possibly resulting in a total of 4 dwellings on the site.

The public domain and the public/private interface The pebbly domain will remain unchanged as part of this development. The proposed subdivision is a formal recognition of separate titles on the lot and will not affect the public/private interface.

Access, traffic and transportation impacts The proposal will have a negligible impact on the existing road network as a result of additional traffic movements generated.

Site management requirements The lots will be serviced by the existing approved and operational sewage treatment system which has the capacity to accommodate the additional lots proposed. The site has access to all other necessary services subject to arrangements with the authorities.

Social and Economic The proposed lots are appropriately situated in proximity to community facilities and such that they will not impact on the character and setting of existing established larger lots in the estate.

Section 79C(1)(c) – The Suitability of the Site for the Development The location provides for the lot sizes proposed to be visually in keeping with the semi rural character and amenity of the area.

Section 79C(1)(d) – Any Submissions made in relation to the Development In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was placed on public exhibition from 22 July 2009 and 5 August 2009. Council notified ten (10) residences in the area and received no submissions in response. The application is an Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act 1997 and was referred to NSW Rural Fire Service by the NSW Rural Fire Service. The NSW Rural Fire Service has issued a bush fire safety authority under section 100B of the Rural Fires Act1997. Should approval be granted to the development application, they will form part of the conditions of consent.

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Section 79C(1)(e) – The Public Interest The proposed development will enable greater diversity and flexibility in lot area which will result in appeal to a greater sector of the housing market. Assessment of the proposal has not identified any matters that would impact adversely upon any neighbouring properties in terms of potential future amenity impacts. The proposal is therefore in the public interest.

Section 94 Contributions Section 94 contributions are applicable to the proposal for the additional new lot with the City wide Plans for District Open Space, Local Open Space and Cultural Facilities. The contribution amounts are calculated on a population rate of 3 persons for each additional lot/dwelling for the Cultural Facilities Plan and 3.1 persons for each additional lot/dwelling for the District and Local Open Space Plans.

Facilities Quantity Rate Amount Cultural Facilities 3 $107.00 $321.00 Cultural Facilities District Open Space 3.1 $1619.00 $5,018.00 District Open Space Local Open Space 3.1 $586.00 $1,817.00 Local Open Space Total $7156.00

Conclusion The proposed subdivision will create 2 lots below the minimum 40 hectare requirement prescribed under LEP 201. The applicant’s SEPP 1 objection to the standard is supported given the imminent gazettal of Draft LEP2008, the objectives of the zone are still achieved and that the proposed development satisfies the other development standards in the LEP. The proposed lot dimensions and configuration will be in character with development in the surrounding area. The application requesting a variation to the lot density provision in the LEP is supported in these circumstances.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo be received. 2. The State Environmental Planning Policy No.1 objection to the Development Standard be supported. 3. The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions. 4. Upon receipt of concurrence from the Department of Planning, Development Application DA09/0148 at Lot 4 DP 571754 (No 14) Fourth Avenue, Llandilo for Torrens Title Subdivision of one lot into two lots be determined under delegated authority as applicable at the time by the appropriate Council officer.

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ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Plan of Subdivision 1 Page Appendix

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Ordinary Meeting 19 April 2010 Appendix 2 - Plan of Subdivision

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14 Development Application DA07/1570 Section 96 Proposed DA07/1570 Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith Applicant: Cityscape Planning & Projects; Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd

Compiled by: Pukar Pradhan, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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 Section 96 (S96) modification to development consent DA07/1570 to:

• Convert the fourth floor residential units to commercial floor space (in the same configuration as the floor below) • Include a variable width pedestrian walkway on the first, second, and third floors that will link the two buildings • Alter the internal layout of the building to incorporate the new layout • Increase the commercial floor space of the development by 3835 m • Alter the external elevations of the two buildings to incorporate the addition commercial floor space

The property is sited within Zone B4 – “Mixed Use” in Penrith City Centre Local Environmental Plan 2008 with the proposal being permissible with Council consent. The proposed development has been notified to nearby and adjoining property owners/and occupants and was exhibited in the local newspaper. Two submissions were received in response to the proposed modification of development consent.

Section 96 of the Environmental Planning and Assessment Act 1979 requires Council to form the view that the proposal, as modified, is “substantially the same development” as that originally approved. Council consented to a mixed use development application on the subject site on the 15th December 2008. The original proposal is outlined in more detail in later section of this report.

The key issues to emerge in the assessment process are;

• Satisfying the Section 96 considerations • The design merit of the proposed changes

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• The extent of variation to development standards sought • The likely traffic and parking implications

The subject application has been assessed pursuant to Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979. Regard has been given to the relevant matters including design by seeking commentary from the Design Review Panel which was set up to oversee the merits of the original proposal, on site parking by requiring Section 94 payments for the car parking shortfall, traffic generation by referral to the Roads and Traffic Authority and ensuring Council’s statutory obligations have been properly considered.

The proposed modification is considered to be reasonable and of an acceptable design that is unlikely to have adverse environmental impact. Given that the approved development was determined by Council, this matter is reported to Council for determination.

Background Council granted development approval for the construction of a Mixed Use Development comprising retail, commercial and residential units with basement car parking having access from Union Lane, to be constructed in 3 Stages on 15 December 2008.

That approved proposal involved the following:

Stage 1: 8 storey mixed use development fronting High Street – ground level retail, two commercial levels, 5 residential levels providing 26 apartments; and 2 basement levels with 147 parking spaces; lift access to all levels.

Stage 2: 8 storey mixed use development fronting High Street – ground level retail, two commercial levels, 5 residential levels providing 23 apartments, 2 basement levels with 65 parking spaces, lift access to all levels. A pedestrian link from High Street to Union Lane was proposed.

Stage 3: Concept of 2 buildings of 6 storeys each at southern section of the property (Union Road) – ground level retail and SOHO (small office/home office) frontages to the through-site link, with a total of 29 apartments, 2 basement levels with 82 parking spaces, lift access to all levels.

The 3rd stage of the development was approved as a conceptual plan only and would be subject to a separate development application.

The development has not proceeded to construction to date due in part to the impact of the Global Financial Crisis and because of the difficulties in the current residential real estate climate. The applicant now seeks to amend the design by way of modification to the consent under Section 96 of the Environmental Planning and Assessment Act, 1979 to increase the commercial floor space component in order to have more scope for tenancy take up.

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Site and Surrounds The allotment has a total area of 6351m2; the northern section has an area of 4715m2 and the southern section an area of 1636m2. The property has street frontages to both High Street and Union Road and it is also bisected by Union Lane. The land is level and cleared of vegetation, previously being used by a motor showroom and car storage area since the 1950s.

To the south is a residential flat building, and other medium density residential developments in Union Road. To the west is a motor showroom which is located at the corner of Mulgoa Road and High Street. To the east is a new 3 storey office building under construction, leading to the Centrelink Office, and the main section of the Penrith City Centre. Directly to the north, is Westfield Penrith Plaza and Joan Sutherland Performing Arts Centre. The site is located approximately 500m from Penrith Railway Station. (See Appendix No. 1 – Locality Plan).

The Proposal Amendment The application now proposes to redesign the fourth floor of the buildings of Stage 1 and 2 from the approved residential apartments to commercial floor space. Stage 1 and 2 are to be constructed concurrently.

The proposal seeks approval for 4 levels of commercial/retail floor space having a podium height of 16.20m along High Street, where the original proposal had 3 levels with a height of 13.0m.

The two buildings will be linked by way of a high level pedestrian link access, 2.5m in width and 8.0m in length located at a central part of the two buildings on the first, second and third levels. This is a new element added to the design that was not part of the original approved design. The original application provided 49 residential units this Section 96 application proposes to reduce the residential units to 39.

A numerical comparison table showing the approved and proposed development of Stage 1 and 2 in terms of floor space and car parking spaces on site is provided below:

Land use Approved Proposed Extent of Development amendments variation Retail/Bistro/Gym 2680m2 2170m2 -510m2 Commercial 7764m2 11,349m2 +3585m2 Residential 6,031m2 (49 units) 4,968m2 (39 units) -1063m2 Total Floor space Stage 16,475m2 18,487m2 +2012m2 1 & 2 buildings Number of dwellings 49 39 Deletion of 10 dwellings Parking spaces 263 spaces 263 spaces 0

The development also includes several internal alterations and is outlined below:

The modifications involve the following changes to the original approved development:

Basement levels: No changes proposed.

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Ground floor • Replacing a portion of the existing of approved retail floor space with commercial floor space (approximately 874m2) • Internal alterations to include a retail/health club, mail room and Bistro. This area was shown on the approved plans as retail and bistro back of house • Minor reconfigurations to common lobby which is now partly open retail space, lobby and stair access

The total floor area of the ground floor as shown on the approved plans does not change with the proposed amendments.

First & Second level • Construction of a pedestrian walkway link 2.50m wide variable between Stage 1 & Stage 2 buildings

Third level • Increasing the approved commercial floor area from by extending the existing approved footprint to match with the lower floor’s footprints • The conversion of the approved 8 residential units, pool, courtyard and health club gym to commercial floor space which results in an additional 3155m2 of commercial floor space for the development • Construction of a pedestrian walkway link 2.50m wide variable between Stage 1 & Stage 2 buildings

Fourth level • Internal reconfiguration of the floor layout to provide for 10 residential units, sauna and change room. The approved plans provided for 11 residential units • Relocation of the swimming pool and courtyards as shown on the approved third floor plan

Fifth and sixth levels • No changes to the approved plan

Seventh Level • Increase in plant room floor area approximately 20m2

Elevations • Increase in the building footprint of level three to align with the lower levels • Increase in height of the podium part of the building by 3.60m • Design of the new commercial floor area at level three in a similar architecture as the approved lower levels of the buildings

Level -7 • Enlarged plant room • Reconfigured apartment layout

Roof Plan • Enlarged plant area

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Details of the amended plans and elevations are attached in Appendix No. 2 – Site Plans & Elevations.

Planning Assessment The proposal has been assessed with due regard to relevant legislation and planning instruments cited as follows: -

• Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979 • Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River • State Environmental Planning Policy (SEPP) 2007 – Infrastructure • SEPP 65 - Design Quality of Residential Flat Development • Penrith City Centre Local Environmental Plan No.2008 (PCCLEP 2008) • Penrith City Centre Development Control Plan 2007 • Penrith City Council Civic Improvement Plan 2008

The following key issues have been identified for discussion:

• Whether or not the proposal represents substantially the same development • Statutory consideration – variation to development standards and the role of the Director General • Design Suitability • Traffic and parking • Impacts on adjoining properties

Environmental Planning and Assessment Act, 1979 (EP&AA)

The applicant has lodged the application relying on S96(1A) of the EP&AA to modify development consent 07/1570.

The provisions of S96(1A) are as follows:

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and (b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

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(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

In order to assess the application under S96 (1A) of the Environmental Planning and Assessment Act (EP&AA) Council must be satisfied that the proposed modification is of minimal environmental impact. In this regards it is considered that the proposed modification will have an environmental impact that would not be considered minimal. As a result the application can not be considered under S96(1A).

However, Council has the ability to consider the application under S96(2) of the EP&AA notwithstanding the particular provision the applicant purports to rely on.

An assessment under S96(2) of the EP&AA of the proposed amended plans and development is discussed below.

Pursuant to Section 96(2) of the EP&AA a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: -

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

Comments:

The main changes to the ground floor involve the conversion of part of the previous approved retail space to commercial space and a health club and mail room. These changes however, maintain the external appearance of the ground floor same as originally approved.

The first and second levels have been amended by the provision of an elevated pedestrian bridge that links the Stage 1 and 2 buildings. The bridge link is set back 24m from High

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Street, and gives pedestrian connection is itself 3 storeys linking 3 levels by an glass enclosed walkway. This link is located in the middle of the buildings. Whilst the walkway is a significant new element it considered that it does not change the essential nature and function of the development.

The third level involves the most significant alteration to the approved development. The alterations to this level involve increasing the floor area from approximately 1160m2 to 3155m2 (including the lobby area) an increase of 1995m2. This increase in floor area is achieved by increasing in the size of the floor plate for this level so as to match the floors below, rather than being set back on a different floor plate as it was when it matched the residential floors above.

The conversion of the third level from residential to commercial and conversion of part of the ground floor retail area to commercial increases the total commercial floor space of the development by 3585m2, which represents an increase of 46% in commercial floor space alone but a 19.40% increase of the total floor area including retail, commercial and residential.

The fourth level amendments involve internal reconfiguration of the residential units and the relocation of the pool and the courtyards from the approved third level floor plan. These works does increase the building envelope of the approved level to the external wall of the third floor level. This amendment involves relocating the approved third level residential floor plan to the fourth level. These amendments would result in the exterior appearance of the building remaining in a similar architectural design and external appearance.

The RTA and Council’s senior transportation planner have examined the amended plans to gauge the traffic impact from the additional commercial floor area and both concluded that “as a result the increased impact of this application is minimal”.

Council has received written advice from the Department of Planning indicating that the Council can assume the Director General’s concurrence for Clause 26(4) & (5) in relation to Architectural Design Competition and Clause 32(4)(b) to vary the development standard.

The application was notified to adjoining and nearby properties and was advertised in the local newspaper for 14 days in accordance with Council’s Penrith Development Control Plan 2006 –Notification and Advertising Policy.

Three submissions were received objecting to the proposed modification. The issues raised in the submissions are addressed later in the report.

It is noted that the proposal would increase a large commercial area on level three and convert part of the retail area on the ground level area to commercial area. There is noticeable change externally by the additional bulk at level 3, and the inclusion of the 3-level pedestrian link. However, the street elevation along the ground level and the buildings remain generally similar appearance, and maintain a changed mix of commercial, retail and residential land use. The essential nature of the development remains the same. The external presentation of the buildings remain the same except for those changes to level 3 of the Stage 1 building and the pedestrian link. Whilst these changes are noticeable there is not a significant change to the development which renders the development markedly different to that approved. As such these changes would maintain intent of the original development.

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S96 requires that the council be satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted. In light of the above, the new proposal with the proposed amendments is considered to be “substantially the same development” as the development for which the consent was originally granted.

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

In determining an application for modification of a consent under Section 96 of the Environmental Planning and Assessment Act, 1979, the consent authority must take into consideration such of the matters referred to in Section 79C as are of relevance to the development the subject of the application.

Penrith City Centre Local Environmental Plan 2008 (PLEP 2008) PLEP applies to the Penrith City Centre and the aims which are most relevant to the subject development proposal are:

(a) to strengthen the regional position of the Penrith City Centre as a multifunctional and innovative centre that encourages employment and economic growth, (c) to promote employment, residential, recreational and leisure, cultural, social and tourism opportunities within the Penrith city centre, (d) to respond to the economic and social needs of the region by providing centrally located services and facilities, (e) to facilitate new commercial and residential development in the Penrith city centre that is consistent with the desired future character of the area as described in the Penrith City Centre Development Control Plan 2007, (g) to encourage development that contributes to the provision of alternative and sustainable access to the city centre, (h) to enhance access to the city centre, particularly by public transport, walking and cycling, (i) to facilitate the development of building design excellence appropriate for a regional city and improve the quality of urban design and ensure the public domain is safe and attractive, (j) to encourage responsible management, development and conservation of resources and to ensure that the Penrith city centre achieves sustainable social, economic and environmental outcomes,

The development will provide for a mix of commercial, retail and residential premises located close to the city centre and with easy access to transport network. The building has been designed to maximise environmentally sustainable outcomes in their structure, facilities and fixtures. It will facilitate new development in the city west mixed use precinct and contribute to the economic and social needs of Penrith.

The property is zoned B4 Mixed Use and the proposed development is permissible with Council’s consent. The amended development proposal can still satisfy the objectives of the zone.

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Principal Development Standards The following development standards are relevant to the development assessment.

Clause 21 Height of buildings

The Height of Buildings Map attached to PLEP 2008 identifies a 24 metre height limit for the site. The approved building height of the Stage 1 and 2 buildings was 29.9 metres and Council supported this variation at the time of granting approval.

The overall height of the modified building will not change.

Clause 24 Floor Space Ratio (FSR)

The maximum floor space ratio as shown on the Floor Space Ratio Map for this property is 3:1. The previously approved development exceeded the maximum FSR and the applicant made a formal request to vary this control to 3.1:1which Council supported.

This amended design will now provide additional total 1629m2 of floor space to the building area. This will now result in a FSR of 3.4:1.

The objectives of this Plan for the control of floor space ratios are as follows:

(1) (a) to ensure that proposals for new buildings are assessed with due regard to the design excellence and built form provisions of this Plan, (b) to provide sufficient floor space for high quality development, (c) to regulate density of development and generation of vehicular and pedestrian traffic.

(2) The floor space ratio of a building on any land is not to exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map.

The modified development proposal has been the subject of a further peer review by the Design Review Panel set up originally. The Panel has now formally advised Council that the proposed amended design has achieved a satisfactory design outcome consistent with the original design. The amended design will be complementary in scale and quality to other buildings in the precinct. The matter is discussed in more detail later in the report.

As a result, the objectives of the floor space ratio for buildings having regard to design excellence and built form has been achieved by the amended design which proposes an increase in the previous approved FSR for the development. The additional floor spaces proposed does not significantly alter the bulk or scale of the development when compared to the approved design and will result in no increase in the overall height of the buildings.

The traffic and pedestrian generation for the additional floor space has been discussed in the report and is considered to be satisfactory.

While the modified development has increased the approved FSR control, the objectives of the control has been satisfied and the further variation to the FSR is justified and supported in this circumstance.

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Council has received written advice from the Department of Planning (DoP) confirming Council can assume the concurrence of the Director-General for the variation to development standards in accordance with Planning Circular PS08-003 which was released to all councils from the Director about concurrence procedures.

Clause 25 Minimum building street frontage

This clause requires a minimum street frontage of 20 metres to at least one street frontage in the B4 Mixed Use zone. The subject site has a frontage to High Street of 82.84 metres and a frontage to Union Lane of 30.85 metres, satisfying this standard.

Clause 26 Design excellence

This clause applies to development involving the construction of a new building or external alterations to an existing building. Clause 26(4) and (5) are particularly relevant to this application which states that;

(4) Consent must not be granted to the following development to which this Plan applies unless an architectural design competition that is consistent with the City Centre Development Control Plan has been held in relation to the proposed development:

(a) development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act, (b) development in respect of a building that is, or will be, greater than 24 metres or 6 storeys (or both) in height, (c) development having a capital value of more than $1,000,000 on a key site, being a site shown edged heavy black and distinctively coloured on the Key Sites Map, (d) development for which the applicant has chosen to have such a competition.

(5) Subclause (4) does not apply if the Director-General certifies in writing that the development is one.

As the original application was assessed prior to the gazettal of the City Centres LEP the application did not undergo an architectural design competition. However, a Design Review Panel was established which oversaw the design merits of the original application and concluded that development was of acceptable design and had also supported the variation to over all building height and the FSR variation.

The applicant has made the following submission to Council in respect to this Clause and the need for a design competition.

“Clause 26 of Penrith LEP 2008 would typically require a Design Competition be undertaken as part of the design and planning assessment stage.

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However, as part of the original Development Application the Director General certified in writing that the competing criteria could be varied by convening and chairing a Design Review Panel.

This panel was subsequently convened and reviewed the original design having regard to all stated design excellence criteria. The ultimate outcome of this process, inclusive of significant development redesign resulted in that panel declaring that the approved development demonstrated design excellence.

The modified proposal embodies all the same design elements as that of the originally approved development. As such it is considered that the subject modified proposal also demonstrates design excellence.

Accordingly, it is our view that there is no need to undertake an architectural design competition or obtain additional written advice from the Director General pursuant to Clause 26(5) of the LEP.

Further, there is also some argument that the requirement for an architectural design competition is in fact a development standard. Therefore clause 32 of Penrith LEP 2008, which allows for variations to a development standard, can be applied in this instance.

This letter therefore represents a written request to vary that development standard. For the reasons outlined previously, it is considered that we have adequately demonstrated that:

• Compliance with the standard is both unreasonable and unnecessary in the circumstances of the case • There is sufficient environmental planning grounds to justify contravening the development standard”

Clause 26(4) is considered to be a development standard as discussed later in the report in matters relating to Clause 32. Council has written to the Director-General seeking written certification that no architectural design competition is required in accordance with Clause 26(5).

As part of the design assessment process for this modification it was deemed necessary for the original Design Review Panel to provide commentary on the merits of the changes proposed. The Design Review Panel have examined the amended plan and advised that:

“the proposal has achieved a satisfactory design outcome consistent with the original design assessed by this panel in 2008 and that the amended development will be complementary in scale and quality to the other buildings in the civic precinct.”

The Design Review Panel has raised no objections to varying of the FSR development standard. They have however recommended that the development could be further improved by increasing the height of the pedestrian passage under the building to two storeys and making the linking element between the two buildings more substantial and lightly wider. This has been recommended to be incorporated as an additional condition of consent.

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Not withstanding the amended application was not subject to a design competition the application was peer reviewed in the same manner as the original development application through the Design Review Panel.

As a result the need for an architectural design competition is seen as unreasonable and unnecessary in this circumstance for the reasons outlined above. At the time of drafting this report, no advice had been received from the Director-General regarding Clause 24(5) but regardless, based on the requirement being deemed a development standard, Council is able to determine the application as it can apply Clause 32 as discussed later.

Clause 27 Car Parking

This clause aims to provide sufficient car parking generated by a development. The parking requirements under PLEP 2008 are as follows:

• Minimum 1 parking space per 60m2 to be provided for commercial tenancies • Minimum 1 space per 30m2 for retail tenancies

In respect to the Penrith City Centre DCP 2007 the following rates also apply:

• Maximum 1 space per one or two bedroom apartments • Maximum 1.5 spaces per three bedroom apartments • Maximum 1 visitor space per 20 apartments • Maximum 1 spacer per 50 units for service vehicles and car washing bays, up to 4 spaces

The proposal provides two levels of basement car parking for both Stages 1 & 2 and then 3 stages, accessed via Union Lane and Union Road. Temporary at grade car parking, providing 51 spaces, will be provided on the Union Road section of the land until the construction of Stage 3.

The table below outlines the number of parking spaces proposed for the current S96 application for Stages 1 and 2.

Stage 1 and 2 Parking Parking shortfall required provided 4 x 1 brm 4 spaces 4 spaces 19 x 2 brm 19 spaces 19 spaces 16 x 3 brm 16 spaces 16 spaces Visitor space 1/20 2 spaces 2 spaces Retail/ 2172 m2@1/30 m2 73 spaces 73 spaces 0 Commercial 11349 m2 @1/60 m2 190 spaces 149 spaces 41 Parking on stage 3 lot 51 spaces Total parking spaces 304 spaces 263 spaces 41 spaces

The above calculations ensure that every dwelling within the complex will have at least one on site car parking space. This complies with the intent of the DPC where it requires a maximum number of spaces to be provided as opposed to a minimum. The original

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application created the possibility that some residential dwellings may not be provided with on site car parking.

Given that the application now seeks to amend the blend and composition of the entire development it is considered appropriate to look at the implications of these changes across the entire development. There is ample evidence to suggest that dwellings that are not provided with car parking spaces will prove difficult to market.

The shortfall of 41 on site parking spaces for both Stages will be captured by way of a monetary contribution. New conditions will be incorporated into the amended consent.

Appropriate conditions had already been already imposed requiring the followings:

• The commercial and retail car parking to be clearly allocated and marked • Submission of a parking management plan to control the use of the spaces between the tenancies, and the proposed stacked parking and visitor/tenant parking arrangements • Provision of clear directional signage have been required at the entrance to the basement car park and also clear signage about the users of the temporary at grade car park • That car parking spaces are not sub-let and are retained for users of the complex only

This development ensures that all residential units will have at least one parking space on site.

Clause 28 Ground floor development within Zones B3 and B4

This clause requires that the ground floor of any development has an active street frontage and be used for commercial or retail activities. Exceptions are provided where lobbies, vehicle and fire service access is required.

The ground floor of Stages 1 and 2 of proposed development primarily consists of retail activities, and some commercial activities, the exact nature of which will be determined via future development applications. The majority of the High Street frontage will still be retail premises with the commercial area limited to the north-eastern corner and internal walkway of the Stage 1 building.

The pedestrian link will still remain and will provide the public thoroughfare and connectivity to and through the site. It will by its very nature bring about activation and meeting place.

The development satisfies the requirements of this clause.

Clause 29 Building separation

A separation between the subject buildings and the neighbouring buildings is required to maintain amenity and reduce adverse privacy and shadow impacts between properties as much as possible in a city centre location. The distance requirements from neighbouring buildings and between separate parts of the same building are identified in the Penrith City Centre DCP.

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The building separation for Stages 1 and 2 buildings was agreed to by the Design Review Panel and they have also endorsed these late modifications.

It is considered that the design satisfies the intent of this clause.

Clause 30 Ecologically sustainable development

This Clause requires consideration of ecologically sustainable development (ESD), based on a “whole of building” approach. Some of the measures that the residential design incorporates to achieve these levels are as follows:

• Rainwater/stormwater tank for use in toilet flushing and irrigation of common area and private gardens • Provision of water efficient appliances, tap ware, fittings and fixtures throughout the building • Provision of energy efficient gas and electric appliances in kitchen, laundries • Solar gas boosted hot water system • Indoor clothes lines provided • Double glazed windows with overhangs and shading

A BASIX certificate was also provided for the residential component of the development.

The building design achieves a 4 Green Stars and an ABGR rating of 4.5 stars (Australian Building Greenhouse Rating Scheme).

The requirements of BASIX are to meet targets of 40% water reduction and 30% energy reduction. The proposal achieves 42% water reduction and 33% in energy reduction.

The development satisfies the intent of this Clause.

Clause 32 Exceptions to development standards

The objectives of this Clause are:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Council may grant consent where a development standard is contravened, provided a written request from the applicant has been received justifying the contravention and demonstrating

(a) that compliance with the standard is unreasonable or unnecessary in the circumstances of the case and (b) that there are sufficient environmental planning rounds to justify contravening the development standard.

In addition, the development must be in the public interest, be consistent with the objectives of the particular standard and the zone objectives.

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Section 4(1) of the EP&AA defines development standard as follows:

“development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the forgoing, requirements or standards in respect of…

(b) The proportion or percentage of the area of a site which a building or work may occupy

(c) The character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work…..

(e) The intensity or density of the use of any land, building or work”

Based on this definition it is considered that Council’s requirement relating to the FSR and the need to undertake an architectural design competition are development standards. Council is therefore able to consider Clause 32 in approving exceptions to development standards.

The proposed development exceeds the FSR stated in the Clause 24 and the applicant has made submission with justification requesting Council seeking variation to that standard and provides the following commentary in support:

“The approved development proposal had a FSR of 3.1:1 and the proposed modified proposal increases the FSR by 9%. This increase is relatively minor and causes no adverse impact in terms of view loss or overshadowing.

The contravention of the standard would not cause any inconsistency with any State or Regional environmental planning instrument.

The development will represent a significant urban renewal of the Penrith CBD in a manner that is entirely consistent with that contemplated by the vision, aims and objectives of the Penrith City Centre Strategy.

The development also demonstrates outstanding sustainability outcomes that if delivered would represent a new benchmark for sustainability within the LGA. Failure to provide flexibility in the application of the standard would therefore jeopardise the realisation of those urban renewal and sustainability outcomes.

Given that the development does not cause any inconsistency with any relevant zone or standard objectives, it is considered that there is no public benefit achieved by maintaining the standard.

The applicant also states that as the Director General has already supported the FSR variation and as the variation of 9% in FSR is of minor nature, it is considered that no further concurrence to vary this development standard is necessary.”

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The proposed design is still considered to be of a high standard and in keeping with the original architecture and unlikely to have significant adverse impact. This view has also been confirmed by the Design Review Panel. As a result the proposed amendments are considered to meet the objectives of Clause 32 and variation to that standard is considered to be reasonable and worthy of support in this circumstance based on a merit assessment.

Planning circular PS08-003 advises Council of the arrangements where the Director General’s concurrence may be assumed. The Department of Planning in relation to the issue of concurrence required by Clause 32(4)(b) has indicated the following:

“the department considers that Clause 32 – Exception to development standards of Penrith City Centre Local Environmental Plan (LEP) 2008 clearly meets the description in the circular. Therefore in the case of the NEO development standard the Council can assume the director general’s concurrence in respect to Clause 32.”

The variation to development standard for the Floor Space Ratio of 3.4:1 as opposed to 3:1 and the need for an architectural design competition as required by Clause 26(4) can be assumed and the approval granted.

State Environmental Planning Policy (SEPP) 2007 - Infrastructure

The objective of this planning instrument is to ensure that the Roads and Traffic Authority (RTA) is made aware of and given an opportunity to make representations in respect of traffic generating developments.

The proposed amended development now will contain over 10,000m2 of commercial area which falls under Schedule 3 development pursuant to the SEPP. A traffic and transport impact assessment has been submitted with this application which has been referred to the RTA for comments. After examining the application they have advised that the proposed amendments would not have adverse traffic impact. No objections have been raised to the development by the RTA subject to some additional conditions as they had commented for the original application.

The application has also been examined by Council’s senior transportation planner who advised that the increase in the commercial floor area is unlikely to have significant adverse impact on the local traffic and the area.

State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development

The previous approved development was considered under the provisions of SEPP 65. The amended plans do not significantly change or alter the residential layout and floor plan when compared to the approved plans.

The amended application has been reviewed by the Design Review Panel and the following advice has been provided;

“that the amendments to the design are consistent with the original design and will be complementary with the scale and quality of the other developments in the area and is satisfactory.”

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Accordingly, it is considered that the modified proposal satisfies the relevant design quality criteria of SEPP 65.

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

Draft SEPP 66 – Integration of Land Use and Transport The development is consistent with the objectives of the Draft SEPP 66, being located in the City Centre, close to transport connections, pedestrian networks and ample bicycle parking is available. Employment opportunities will be available during construction and after occupation, reducing the demand for travel to other centres.

However, the Draft has been in its current form since 2001 and is unlikely to be gazetted for some time.

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

Penrith City Centre DCP 2007

This Plan came into effect on 1 February, 2008 in conjunction with the Penrith City Centre LEP 2008 discussed above. The relevant sections of the DCP which are applicable to this proposal are presented below.

Clause 1.9 City Centre Character Areas

The subject property is located within the City West Mixed Use area which advocates that the area should have a live-work character promoted through the developed of mixed use buildings. The DCP promotes activation at street level through a combination of café and retail activities.

The proposed development will suit the desired future character of this precinct.

Clause 2. Street Frontage Heights

For this site, at the street frontage, the height of the building is required to be between 16m and 20m and then a 5m setback to upper levels.

The proposal now provides a height of 16.2m at the High Street frontage, and an 18m setback to upper residential levels, providing the podium level open space areas.

The design outcome has been accepted by the Design Review Panel.

Clause 2.3 Building depth and bulk

The Design Review Panel accepted the design merit of the proposal, inclusive of building depth, bulk and design of the development.

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Clause 3.1 Existing and Desired Links

Except for the pedestrian link proposed above ground floor to connect the two buildings of Stage 1 & 2, this application does not change the existing and desired links proposed in the original approved plan.

Clause 6 Residential Development Controls

This section of the DCP requires consideration of the requirements of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development and this has been discussed earlier in the report.

Clause 6.1 requires a mix of living styles, sizes and layouts within each residential development. The mix of housing styles provided in the development is considered appropriate and satisfactory.

Penrith City Centre Civic Improvement Plan

This Plan is one of the four City Centre plans prepared jointly by the Department of Planning a Council. The Plan outlines the framework for contributions to be made towards funding and provision of infrastructure in association with development in the City Centre.

This Plan came into effect on 5 December, 2008 and applies to the subject site with respect to developer contributions. The Plan outlines City Centre projects and the following rates contribute towards those projects.

Contributions payable by the subject development application are discussed later in this report.

3 Penrith Development Control Plan 2006

Part 2.2 Crime Prevention through Environmental Design

This matter has been examined in the original approved development in detail. It is considered that the proposal can satisfy the objectives and provisions of this part of DCP 2006.

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

Environmental Planning and Assessment Regulation 2000

Clause 50 of the Regulation provides that a development application for a residential flat development, lodged on or after 1 December, 2003, must be accompanied by a design verification statement from a qualified designer that confirms that:

(a) he or she has designed, or directed the design, of the residential flat development, and (b) the design quality principles set out in Part 2 of the Environmental Planning Policy No 65 – Design quality of Residential Flat Development area achieved for the residential flat development.

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This statement has been received from Watermark Architecture and Interiors Pty Ltd satisfying the Regulation. The architect’s associated report pursuant to SEPP 65, as discussed earlier in this report, has also been submitted satisfying the Regulation.

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

Built and Natural Environment

These have been considered in the original assessment of the application and found to be satisfactory.

Social and Economic Impacts

As a major development for the City Centre, this proposal is considered to have positive social and economic impacts such as:

• The development provides for large floor plate, environmentally friendly office space, to attract and retain businesses for a regional city • Significant opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies • The complex also has the potential to allow employees of the CBD to reside close to their place of employment • Housing choice within the City • The provision of retail and dining facilities close to Penrith’s cultural precinct will enable the complex to have high level activation through the day and into evening periods • Connections through the site to tother residential areas will provide new and enhanced public domain areas

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

As discussed in the earlier part of the report and confirmed by the Design Review Panel, the bulk, scale and design of the proposal are considered to be satisfactory in that location and will contribute positively to the existing streetscape and the area.

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

Referrals

The development application was referred to the Roads and Traffic Authority.

Comments:

They have advised that “as a result the increased impact of this application is minimal”.

The application was also referred to the following Council officers - Senior Building Surveyor, Senior Development Engineer, Urban Designer, and Senior Traffic Engineer:

Comments:

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They have raised no objections to the proposed amendments and any recommended conditions have been recommended as an additional condition to the original consent.

Community Consultation

In accordance with Part 2.7 Notification and Advertising of DCP 2006, the proposed amended application was placed on public advertising and notification from 17 February to 3 March, 2010. Three submissions were received objecting to this modification and the issues raised are summarised below along with comments in relation to each matter raised.

i. The proposal is a radical change and is not substantially the same as approved development. The application cannot be considered under Section 96(1A).

Comments:

These matters have been previously addressed in the report. For reasons explained in the report, • It is open to the council to form the requisite satisfaction that the development is still substantially the same as approved, and • The council has the ability to deal with the application under s96(2) even though the applicant purports to rely on s96(1A).

ii. Variation to Floor Space Ratio (FSR) – Significant departure from the FSR contained in the Penrith LEP 2008 (Penrith City Centre).

Comments:

This matter has previously been discussed in the report and the variation is justified and supported for the reasons outlined in the report.

iii. Introduction of pedestrian link of building 1 & 2 will impede the through vision of the development between the two buildings.

Comments:

The modified design has been peer reviewed by the Design Review Panel. The Panel has raised no objections to the pedestrian link subject to the level 1 link being removed. This will provide a partial through vision between the buildings.

iv. The development is not located within an ‘accessible location’ relative to other parts of the city centre.

Comments:

The site: • Is located in an area that is close to the City Centre • Has good road access and is serviced by public transport (trains/buses)

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v. No concurrence granted from the Director General for variation to development standard.

Comments:

This matter has been discussed in the report and the Department of Planning has confirmed in writing that Council can assume the Director-General’s concurrence for the variations to the development standards.

vi. The proposal is considered inconsistent with the primary objectives of the DCP for the “City West Precinct” as it proposes more commercial floor area than the approved application.

Comments:

The site is located within the City West Mixed Use character area which is to encourage a live-work character, which is promoted through the design and layout of residential buildings and the location of compatible commercial and retail uses at the street level. The development provides for a combination of commercial, retail and residential uses. The development provides for street and pedestrian connection which meets the planning intent of this area.

vii. The proposed loading dock area for the development along the northern side of Union Lane does not represent ‘separate service provision’ for the commercial and residential activities within the building.

Comments:

This aspect has not changed from the approved development.

viii. There is no clear separation between the residential and commercial entries and lobby areas, particularly for the Stage 1 building.

Comments:

The modified development provides for separate lift and area of entry for commercial and residential components of the building. Stage 1 now provides a separate entry to the commercial and residential components.

ix. The modified pedestrian site link (extending from High Street to Union Lane) will be inconsistent with Council’s control requiring ‘open-air for its full length’. It will be partially enclosed by an internalised connection on levels 1-3 above.

Comments:

The pedestrian link is located in the central part of the building between Stage 1 & 2 buildings. The 2 buildings will still be separated throughout except at the middle part of the two buildings where a narrow 2.50m wide pedestrian access is proposed at levels 2 & 3. The Design Review Panel has recommended that the level 1 link be removed.

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x. No revised ‘safety by design’ assessment in accordance with CPTED principles appears to have been provided as required for large scale retail and commercial development with a GFA of over 5,000m2.

Comments:

This has been discussed in the report.

xi. The application is not accompanied by a revised accessibility report from an accredited access consultant.

Comments:

The accesses were examined in the original application and found to be satisfactory. The modified plans do not change the access to all levels of the building.

xii. The application fails to adequately assess the modified proposal against the related provisions of Section 5.0 of the DCP, particularly in regards to energy efficiency & conservation, water conservation, maximising liveability & longevity, resource consumption, waste minimisation and sustainable management measures.

Comments:

The buildings have been designed to achieve a 5 Star rating under the Australian Building Greenhouse Rating Scheme and all residential elements will conform with the BASIX approved in the original development. Appropriate conditions were imposed on the consent and will remain.

xiii. No owner’s consent was provided.

Comments:

Consent letter signed on 9 March 2010 by all three owners has now been submitted to Council.

xiv. Concern of noise from commercial area facing Union Lane from Stage 3 and in general.

Comments:

The trading hours of retails outlets will be assessed on its merit at the time of the individual applications are submitted to Council.

xv. Description of the property is incorrect on the application.

Comments:

The site is identified as Lot 1 DP 884193 and is known as 614 – 632 High Street, Penrith on Council’s property records. While the site also has frontage to Union

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Road the proposed modification only involves Stages 1 & 2 buildings which are located on the portion of land between High Street and Union Lane and not the portion of land that faces Union Road which is Stage 3 and not part of this application.

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

Access The approved development had been designed to satisfy the Building Code of Australia and the relevant Australian Standards in relation to access requirements and can satisfy the requirements of the Disability Discrimination Act 1992.

It was found that compliance with statutory requirements, pertaining to site access, common area access, accessible parking and accessible sanitary facilities can be readily achieved.

Section 94 Contributions A number of Section 94 plans apply to this development, primarily the Civic Improvement Plan 2008, which took effect from 3 December, 2008; and also the City wide plans relating to residential development, in this case District Open Space (DOS), Cultural Facilities and Library Facilities. As the Civic Improvement Plan 2008 lists projects which include footpaths and local open space, the Footpath Construction and Local Open Space S94 Plans do not apply.

It is reiterated that in accordance with the Civic Improvement Plan 2008, car parking contributions only apply to spaces not provided on site for commercial floor space. The shortfall in residential car parking that applies to this development cannot be levied.

Assessment of the applicable Section 94 contributions for the first two stages of the proposal is shown in the following tables:

Plan Stage 1 - Rate Total Stage 2 - Rate Total

CIP 2008 m2 / units m2 / units Multiple dwg 21 @ 8,105 $ 170,205 18 @ 8,105 $ 145,890 Commercial 3834 @ 155 $ 594,270 7515@ 155 $ 1,164,825 Retail 732 @ 90 $ 65,880 1440 @ 90 $ 129,600 Commercial 23 @ 18,404 $ 423,292 18 @ 18,404 $ 331,272 Parking

Citywide Stage 1 - Rate Total Stage 2 - Rate Total S94 DOS* 40pers @ 1633 $ 65,320 36 pers @ 1633 $ 58,788 Cultural* 47.4pers @ 108 $ 5,119 43.2 pers @ 108/per $ 4,666 Library 47.4 per @ 304 $ 14,410 43.2 per @ 304 $ 13,133 Stage 1 Stage 2 Totals $1,338,496 $1,848,174 *credit for existing lot applied to Stage 1 only

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Summary of above tables:

Total monetary contributions for Stage 1 and 2 for original development $1,960,102 Total monetary contributions for Stage 1 and 2 for modified development $3,186,670 Additional monetary contribution because of S96 modification $1,226,568

The increase in monetary contributions is due to a combination of: • Additional car parking • Increase in commercial floor area • The original monetary amounts being adjusted by CPI

All rates are subject to indexing on a quarterly basis and the adjustments to the payable contributions are made at time of payment. Contributions are required to be paid prior to the issue of a Construction Certificate. The amounts of S 94 contributions outlined above have been adjusted in the relevant conditions of original consent.

Conclusion The assessment of the subject application has been made in accordance with Section 79C and Section 96(2) of the Environmental Planning and Assessment Act 1979. The development proposal as amended represents a significant proposal for Penrith City Centre. The development is considered to provide:

• Significant opportunities for employment during construction of the building and after occupation of the retail and commercial tenancies

• The potential to allow employees of the CBD to reside close to their place of employment

• Excellent level of housing choice is present in this design, eventually providing 68 apartments which range from executive penthouse style to affordable studio type housing, as well as accessible and adaptable housing and will provide positive social benefits

• Mixed retail outlets and commercial close to Penrith’s cultural precinct will enable the complex to have high level activation through the day and possibly into evening periods

The variation to the Floor Space Ratio of 3.4:1 and requirement for architectural design competition as outlined in Clause 26(4) are development standards and pursuant to Clause 32 Council has the ability to vary these requirements and has the assumed concurrence of the Director-General.

After detailed consideration of all matters, the proposed amendments are considered to be substantially the same as previously approved development and will not result in having significant environmental impact.

The report is presented Council for information and determination.

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RECOMMENDATION That: 1. The information contained in the report on Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith be received. 2. Council in accordance with provisions of Clause 32 vary the requirement for the design competition under Clause 26 (4). 3. Council vary floor space ratio to the proposal under Clause 26(6) of Penrith City Centre LEP 2008. 4. The application to modify Consent DA 07/1570 pursuant to Section 96 of the Environmental Planning and Assessment Act for the approved mixed use development consisting of Stage 1 & 2 at Lot 1 DP 884193 (No. 614 -632) High Street, Penrith, and 83-85 Union Road, Penrith be approved subject to the following amended and added conditions as follows: Condition No.1 be amended to reflect the modified plan and to read as: The development must be implemented substantially in accordance with architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated February 2010, and numbered A001, A002, A003 Issue 3: A098 Issue 3; A099 Issue 3; A100 Issue 3; A101 Issue 3; A102 Issue 3; A103 Issue 3; A104 Issue 3; A105 Issue 3; A106 Issue 3; A500 Issue 3; A501 Issue 3; A502 Issue 3; A600 Issue 3; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G, and L02, Issue F; hydraulic plans prepared by Steve Paul and Partners, numbered SY070033-SW-001-PR-01, dated 4 September, 2008, and as amended by the following plans

Condition No. 49 - Car parking spaces are to be provided and allocated in the following way: • Both Stage 1 & Stage 2 - 149 spaces for commercial and 73 spaces for retail; 41 spaces residential; • Should residential spaces be reallocated from commercial/retail spaces, a contribution for car parking will be applied as per the applicable rate in the Civic Improvements Plan 2008, unless otherwise approved by Council. • All off-street parking spaces are to be provided, paved, line marked and maintained generally in accordance with the approved schedule of external finishes. • The parking space dimensions and manoeuvring areas are to comply with AS2890.1, the Building Code of Australia and the Commonwealth Disability Discrimination Act.

Condition Nos. 69 to 80 of original consent inclusive relating to S94 contributions and Condition No. 49 relating to car parking of original consent shall be amended to read as follows which will reflect the

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amended areas and number of residential apartments.

Condition No. 69 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - Multiple Dwellings. Based on the current rates detailed in the accompanying schedule attached to this Notice, $170,205.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 70 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - commercial office use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $594,270.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 71 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - retail use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $65,880.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges

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Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 72 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for District Open Space. Based on the current rates detailed in the accompanying schedule attached to this Notice, $65,320.00 (including administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for District Open Space may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 73 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for Cultural Facilities. Based on the current rates detailed in the accompanying schedule attached to this Notice, $5,119.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Cultural Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 74 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for Library Facilities. Based on the current rates detailed in the accompanying schedule attached to this Notice, $14,410.00 is to be paid to Council

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prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Library Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 75 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - Multiple Dwellings. Based on the current rates detailed in the accompanying schedule attached to this Notice, $145,890.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 76 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - commercial office use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $1,164,825.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's

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Civic Centre, 601 High Street, Penrith.

Condition No. 77 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - retail use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $129,600.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 78 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for District Open Space. Based on the current rates detailed in the accompanying schedule attached to this Notice, $58,788.00 (including administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for District Open Space may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 79 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Cultural Facilities. Based on the current rates detailed in the accompanying schedule attached to this Notice, $4,666.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

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Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Cultural Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 80 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Library Facilities. Based on the current rates detailed in the accompanying schedule attached to this Notice, $13,133.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Library Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

4.1 The following new conditions be imposed:

Condition No. 80a - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Commercial Car Parking. Based on the current rates detailed in the accompanying schedule attached to this Notice, $331,272.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Commercial Car Parking may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 80b - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Commercial Car Parking. Based on the current rates detailed in the accompanying schedule attached to this Notice, $423,292.00 is to be paid to Council

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Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for Commercial Car Parking may be inspected at Council's Civic Centre, 601 High Street, Penrith.

Condition No. 20a - Amended elevations incorporating vertical architectural elements/fenestrations along the High Street elevations that are in similar nature as proposed along the Stage 2 building elevation in order to reduce the visual impact of horizontal dominance and improve the street elevation. Details are to be submitted to Council for consideration and approval along with Construction Certificate.

Condition No. 20b - The pedestrian link at level 1 is to be deleted from the plan in order to improve the height of the pedestrian passage under the building to two storeys and making the linking element between the two buildings more substantial and its width to be made lightly wider. Details of this are to be shown on the amended plans and elevations and shall be submitted with the Construction Certificate.

Condition No. 20c - The parking restrictions for all roads fronting the development should be reassessed to ensure that the restrictions suit the post development usage. Any changes to current parking arrangements need to be endorsed by the local traffic Committee.

5. All those who have made submissions be advised of Council’s determination.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Plans 11 Pages Attachment

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15 Development Application DA10/0034 proposed first floor DA10/0034 dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood Applicant: Tim Harrington; Owner: Paul Blissett & Lynda Conroy

Compiled by: Christopher Hawkins, Graduate Environmental Health & Building Surveyor Authorised by: Paul Lemm, Development Services Manager

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 construction of a first floor addition to an existing dwelling. The application seeks to vary the maximum external wall height requirement of Penrith Local Environmental Plan 1998 (Urban Lands). The application is supported by an objection under State Environmental Planning Policy No. 1 to the development standard.

The proposed development comprises a first floor addition, which is to include a rumpus room, bathroom and two bedrooms. The site is located on Joseph Street, opposite Joseph Street Reserve.

The SEPP 1 objection has demonstrated that full compliance with the maximum external wall height requirements is unreasonable due to the ability of the development to meet the objectives of the planning instrument and it is consistent with other buildings in the immediate locality. The development is unlikely to have any significant impacts on the amenity of the locality.

In accordance with the reporting procedures required by the Department of Planning, the matter is forwarded to Council for determination. The report recommends that the SEPP1 objection be supported and the development application be approved.

Site and Surrounds The subject site is located on Joseph Street, with the primary frontage facing Joseph Street Reserve. The site is 581m² in area and has a southerly orientation. It has an approximate fall of 2m from the rear boundary to the street frontage. The site is currently occupied by a single storey brick veneer dwelling with an attached carport on the Western side (see Appendix No. 1).

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The surrounding area is characterised by a mixture of single and two storey dwellings of varying scale.

The Proposed Development The proposed development includes the following:

• The construction of a first floor addition including a rumpus room, bathroom and two bedrooms. (see appendix 2)

The development application was accompanied by:

• An objection under the State Environmental Planning Policy No. 1 to Clause 12 of Council’s Local Environmental Plan 1998 Urban Land. • Statement of Environmental Effects • Site and Building Plans • BASIX certificate • Waste Management Plan

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

1. Section 79C(1)(a)(i) – Any Environmental Planning Instrument a) State Environmental Planning Policy No 1—Development Standards An objection to development standards within LEP 1998 (Urban Lands) has been lodged. The variation is regarding the maximum external wall height requirement as shown in the following table.

Maximum required under LEP Proposed Maximum External 3.5m 5.15m Wall Height

SEPP 1 seeks to provide flexibility in the application of planning controls where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives stated in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act. These objectives relate to the proper management of resources to promote the welfare of the community and environment, and, to promote the orderly and economic use of development of the land.

Variation of Maximum External Wall Height The SEPP 1 objection has been lodged in relation to the provisions of Clause 12 of Council’s Local Environmental Plan 1998 – Urban Lands, and in particular the provisions of Clause 12(3). The relevant clause states:

“The council must not grant consent to development that involves the erection of a building in Zone No. 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the building is wholly

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within the building envelope, and does not contravene the maximum external wall height or minimum landscaped area.”

The SEPP 1 objection seeks approval for the construction of dwelling which proposes an external wall height of 5.15m. The maximum external wall height specified is 3.5m. This variation proposes a departure of 47.1% from the development standard.

Assessment of SEPP 1 Objections The applicant submitted a SEPP 1 objection providing justification to vary the maximum external wall height. The submission included the following:

1) Development Standard The SEPP 1 objection is required to demonstrate that compliance with the aims and objectives of the relevant planning instrument and zone can still be achieved regardless of the variation to the development standard.

The objectives for Zone 2(c) Residential (Low – Medium Density) are as follows:

“(i) to reinforce the importance of the natural landscape settings and areas with heritage conservation value”

The proposed dwelling does not require the removal of any vegetation for the construction of the new dwelling. A corridor at the rear of the site is provided for landscaping and private open space.

“(ii) to protect the character of traditional cottage development and streetscapes”

The proposed addition will not have any adverse affect on the character of the streetscape, and is consistent with the adjoining development, particularly the two-storey development at No. 39 Joseph Street and No. 106 Victoria Street. Articulation of the front façade and building materials are compatible with those of surrounding dwellings.

“(iii) to consolidate population and housing densities,”

The proposed development will have no significant impacts on the population and housing density.

“(iv) to expand housing choices by allowing multi-unit housing with a single storey appearance”

Multi-unit housing is not proposed.

“(v) to promote a variety of housing types or forms upon the site of each proposed development, and”

The proposed development will contribute to the variety of housing form within the street whilst maintaining the street’s existing character.

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“(vi) to allow a range of compatible non-residential uses.”

The proposed dwelling is for habitable purposes.

The objectives for Section 12 of LEP 1998 Urban Lands are as follows:

“a) Achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk.”

There is an existing older style two-storey dwelling at 39 Joseph Street, adjacent to the subject site, of a of similar height to that being proposed. The dwelling at No. 35 Joseph Street is also considerably higher than the existing dwelling on the subject site. The adjoining developments are older styled established residences and both have similar encroachments into the building envelope as that proposed.

As such the proposed development will not have any significant additional visual impacts on the streetscape and is compatible with adjoining development.

The Joseph Street road reservation is around 10m wide, with a 20m wide pavement. The two storey development will have little impact on the wide streetscape which is enhanced by the public reserve directly opposite the site.

The proposed first floor addition is smaller than the existing building footprint, and is situated towards the rear. This will ensure the extension has a stepped back appearance when viewed from the street. The proposed window placement and roof form provide articulation and minimises the apparent bulk of the structure.

“b) Minimise the impact of loss of privacy, overshadowing and loss of views.”

Potential impact on the privacy of adjacent properties has been considered in the design. Neither the eastern nor western façade of the proposed addition will contain any windows; therefore there will be no impacts on the privacy of adjacent dwellings.

Due to the orientation of the allotment, there will be no significant overshadowing of adjacent properties.

The site and surrounds are relatively flat and the proposed development will not cause any loss of significant views for surrounding properties.

“c)Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear lines.”

The proposed first floor development does not affect the separation between buildings and boundaries. By extending vertically, private open space is preserved. This could not be achieved with a ground-level extension. The proposal maintains the setbacks required by the planning controls.

“d)Protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.”

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This objective is achieved extending vertically rather than encroaching on the rear setback. The existing landscaped area is retained, and the hydrology of the site is maintained, allowing infiltration of stormwater and no additional stormwater generation.

The dwelling allows for adequate side setbacks from the site boundaries and appropriate separation between the neighbouring dwellings. The rear yard will maintain a private open space corridor of 6m to the rear boundary, consistent with the LEP requirements and the adjoining properties.

As a result of the applicants SEPP1 objection justifying the variation to the maximum external wall height the objection may be considered on the premise that the development standard is unreasonable and unnecessary on the following basis:

• The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act. • The proposed dwelling is reasonable development for the site. • A number of recently constructed two storey dwellings exist within the area. • The extent of the increased external wall height is consistent with the surrounding area.

2) Section 5 - Environmental Planning and Assessment Act 1979 Assessment of the SEPP 1 objection also needs to be considered against the objectives stated in Section 5(a) (ii) of the EP&A Act which is as follows:

“(ii) the promotion and co-ordination of the orderly and economic use and development of land”

It is considered that the proposed dwelling addition and associated external wall height will ensure attainment of the objectives of section (ii) and refusal would be unreasonable in this regard for the following reasons:

• The proposed development does not hinder the attainment of the objectives of Section 5(a) of the Environmental Planning and Assessment Act. • The dwelling is reasonable development for the site. • The proposal satisfies the objectives of the zone.

3) Department of Planning Circular No. B1 The Department of Planning’s Circular No. B1 specifies other matters which should be considered by Council in its consideration of SEPP 1 objections including:

1) Clause 8 – is the Development standard inappropriate in general terms and should Council review its planning controls? Draft instruments may also be impacted upon if SEPP 1 is repeatedly used on a clause which may be affected.

2) Clause 9 – the likelihood of similar applications being made and the cumulative effect of similar approvals.

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3) Clause 11 – dealing with applications to extend non-conforming development by more than 10%.

Development applications for additions on residential properties in Penrith Local Government Area often result in pressure being placed on the external wall height provisions. In the instance of 37 Joseph Street the proposal involves a site which has an existing dwelling, with the first floor addition to be constructed within the constraints of the existing development on the property.

It is considered that the maximum external wall height provisions retain their validity and are consistently applied and enforced on greenfield sites across the Council area. As such, it is recommended the SEPP 1 objection be supported and the development application be approved subject to conditions. b) Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 aims to protect the environment of the Hawkesbury-Nepean River, by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the potential impact on residential development and water quality. The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. The dwelling addition will not be visible from the riverine corridor. Stormwater will be controlled and directed to a rain water tank. The proposal is in keeping with the objectives of the SREP. c) Penrith Local Environmental Plan 1998 (Urban Land) Under the terms of Penrith Local Environmental Plan 1998 (Urban Land) the land is zoned as Zone No 2(c) Residential (Low to Medium Density). The proposed development is defined as a dwelling, which is permissible with the consent of Council.

The proposed development meets the objectives of the zone as described in the above SEPP 1 assessment.

Development Standards Section 12 of Penrith Local Environmental Plan 1998 (Urban Lands) provides requirements for building envelopes, heights of buildings, landscape areas and rear boundary setbacks for development that requires consent.

Building Envelope and Maximum External Wall Heights See discussion in SEPP 1 assessment.

Landscaped Area Under Clause 12(3) of the LEP a building is required to have a minimum landscaped area of 40%. The proposal will result in no further reduction in landscaped area as the addition will occur over the existing building footprint.

Rear Boundary Setback The rear setback is compliant with the requirements of Local Environmental Plan 1998.

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2. Section 79C(1)(a)(iii) – Any Development Control Plan Penrith DCP 2006 Part 4 Section 4.2 – “Residential Single Dwellings” is applicable to the site and the following sections are relevant to assessment process of the proposal.

a) Clause 4.4 Preferred Configurations for New Dwellings The objective is to ensure new dwellings adopt key features of established suburban design. These include entrances, windows to main living rooms, private courtyards facing the street or the rear boundary, and garages architecturally integrated within building forms. The development is considered to comply with these objectives and will also maintain a green corridor along the rear boundary. b) Clause 5.2 Urban Form The objective is to ensure new buildings show characteristics of established suburban neighbourhoods. Dwellings should be oriented to face the street, building forms should be stepped or articulated and relate to the shape of their surrounding garden areas. The proposed design measures include articulated building forms and facades. The stepping back of the addition and the hipped roof create an interesting structure which compliments the existing dwelling and enhance the amenity of the area. c) Clause 5.3 Front, Side and Rear Setbacks The objective is to ensure setbacks reflect the character of established garden suburbs, and provide for development of flora and fauna corridors. The proposed setback will not change as the addition will occur on the first floor. The existing front and rear setbacks are compliant with the requirements under Penrith Local Environmental Plan 1998. d) Clause 5.4 Landscaped Area and Parking The objective is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation, and provide reasonable separation between neighbouring dwellings. The sites landscape area will not be altered as the addition will occur over the existing building footprint. e) Clause 5.5 Solar Planning The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. Due to the orientation of the lot, only minor overshadowing impacts are likely to occur.

The applicant has demonstrated that the dwelling ensures a minimum of 3 hours sunlight between 9am and 3pm on the 21st June, to living zones and that the neighbouring and proposed private open spaces receive minimum 3 hours sunlight between 9am and 3pm.

A satisfactory BASIX certificate has also been submitted to demonstrate adequate energy and water efficiency measures are incorporated into the dwelling.

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f) Clause 6.1 Significant Landscapes The objective is that in areas of particular significance to natural conservation or high environmental character, new development should demonstrate detailed design measures to protect that conservation significance or character.

In this regard the proposed dwelling maintains natural topography, environmental character and requires no tree to be removed as part of the development.

g) Clause 6.3 Building Design The objective is that dwellings be surrounded by private gardens, their facades should display a variety of materials and shading structures and garages should be integrated within the overall architectural form and design.

The existing dwelling has a 7.49m front setback which is inline with the adjoining two properties. This setback will remain unaltered as the addition will occur over the existing dwelling. The first floor addition will be stepped back approximately 3m, reducing the impact of the addition and breaking up the front building facade. The existing carport will remain unaltered.

h) Clause 6.4 Energy Efficiency The development proposal is compliant with the requirements of the BASIX legislation.

3. Section 79C(1)(b) – The Likely Impacts of the Development The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

Stormwater is to be directed to the street via a rainwater tank, minimising impacts on adjoining properties.

Appropriate conditions are to be included relating to site management during construction. An appropriate waste management plan has been provided. Hours of work and construction noise will also be subject to consent conditions.

The proposed dwelling additions are located and designed to make the most economic use of the site and provide minimal adverse impacts to the subject site and adjoining properties.

4. Section 79C(1)(c) – The Suitability of the Site for the Development The site is suitable for the construction of a new residential dwelling. Whilst there is a variation required for the proposed development, the proposal is considered to address and satisfy the objectives of the relevant planning documents.

5. Section 79C(1)(d) – Any Submissions made in relation to the Development Community Consultation In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents. No submissions were received.

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Conclusion The proposed development the objectives of Local Environmental Plan 1998 Urban Lands to reinforce the importance of natural landscape settings, protect the character or development and streetscapes and to promote a variety of housing types and forms upon the site of each proposed development.

The subject development application seeks approval to construct a first floor addition over an existing residential dwelling and is supported by a SEPP 1 objection seeking a variation of the maximum external wall height requirement.

The SEPP 1 objection is supported as it has been demonstrated that the maximum external wall height requirement is unreasonable in this case and that the attainment of the objectives of Clause 5(a) of the Environmental Planning and Assessment Act will not be hindered by the proposal.

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

The maximum external wall height variation and the proposed dwelling additions are unlikely to have any significant impacts on the amenity of the locality.

Whilst the proposed development application requires a variation to the maximum external wall height, it is considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive dwelling is considered to have been achieved.

As such, it is recommended the SEPP 1 objection be supported and the development application be approved subject to the attached conditions.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood be received. 2. The SEPP 1 objection relating to the maximum external wall height be supported. 3. Development Application10/0034 seeking consent for the construction of a First Floor Addition at 37 Joseph Street, Kingswood be approved subject to the attached conditions: Standard Conditions 3.1 A001 - Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A043 - Air Conditioner for existing dwelling

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D009 – Covering Waste Storage area D010 – Waste disposal E001 – BCA compliance E005 – Smoke Alarms H01F – Stamped plans and erection of site notice H002 - All forms of construction H011 – Engineering plans and specifications H013 – Further details of building components H015 – Termite protection H017 – Loads on existing buildings H022 - Survey H030 – Roof colours H041 – Hours of work K016 – Stormwater L008 - Tree Preservation Order L012 – General landscaping P001 – Costs P002 - Fees Q001 – Notice of commencement and appointment of PCA Q005 - Occupation Certificate

ATTACHMENTS/APPENDICES 1. Site Plan 1 Page Appendix 2. Site & Elevation Plans 2 Pages Appendix

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16 Development Application DA09/1225 for a Multi-Unit Housing DA09/1225 Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington Applicant: Phillip Neville; Owner: Teldraw Pty Ltd and Paul Burgess

Compiled by: Robert Craig, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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 construction of a multi-unit housing development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington. The proposed development consists of 1 x 1 bedroom and 2 x 3 bedroom attic-style villas.

The subject proposal involves a 26.9% variation to Council’s development standard relating to the minimum lot width for multi-unit housing. The Development Application is therefore reported to Council for determination. The NSW Department of Planning now requires that proposed variations to development standards grater than 10% be determined by full Council.

The site is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan 1998 (Urban Land). The proposed development is defined as “multi-unit housing”, which is permissible with the consent of Council. The proposed development has been advertised in the local newspapers and notified to nearby and adjoining residents. A site notice was also placed on the site. Council notified 79 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

An assessment of the proposal under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The following key issues have emerged as a result of this assessment process:

• The applicant’s SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) objection seeking a variation from Council’s development standard relating to the minimum lot width for multi-unit housing. • Tree removal.

These matters are discussed in detail in the report.

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 proposed development is unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed development

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and the proposal is not contrary to the public interest. The proposal is therefore worthy of Council’s support.

This report recommends that the application be approved subject to recommended conditions of consent.

Site and Surrounds The subject site is located at the southern end of Judith Close. Judith Close is a short cul-de-sac road which intersects with Albert Street in Werrington. The site is situated approximately 200m to the north of the western railway line. Refer to the Locality Plan at Appendix No. 1 for further details.

The site is an irregular shaped allotment and has a land area of 858m2. The property width at the front boundary is 10.97m. The property fans out from this point to a width of 30.48m at the rear boundary. The depth of the site is variable and ranges from 35.05m to 47.24m. The site is orientated in a north-south direction from front to rear.

The site is currently occupied by an existing duplex and carport as well as 10 existing trees and plants, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, 2 monterey pines and a swamp mahogany eucalypt. The site is predominantly flat and has a gentle cross-fall to Judith Close.

The surrounding area is characterised by a mix of low-density (single-storey detached dwelling-houses) and medium density (multi-unit housing) residential development.

The Proposed Development The proposed development includes the following aspects:

• Demolition of the existing duplex and carport located on the site. • Construction of a multi-unit housing development consisting of 1 x 1 bedroom and 2 x 3 bedroom attic-style villas. Each dwelling contains a single car garage, lounge room, dining room, kitchen, bathroom, laundry and 1 or 3 bedrooms. Each dwelling has also been provided with private open space in the form of private courtyards. • The external building materials of the proposed dwellings will be a mix of fibrous cement panels with a cement render finish (ground floor level), painted weatherboard cladding (dormer faces) and metal roofing. • Removal of 9 existing trees and plants from the site, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, a monterey pine and a swamp mahogany eucalypt. • Related landscaping and stormwater drainage works.

Refer to Appendix No. 2 for A4 copies of the site plan, elevations and perspectives submitted with the application.

The Development Application has been accompanied by the following related documents:

• Statements of Environmental Effects – Concise Architectural Drafting Designs. • SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) Objection – Concise Architectural Drafting Designs.

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• DCP (Development Control Plan) Variation – Concise Architectural Drafting Designs. • Landscape Report – Bio Engineered Solutions. • Tree Report – About Trees. • Waste Management Plan – P. Neville and R Cassidy.

Planning Assessment 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 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 1998 (Urban Land) Permissibility The subject site is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed development is defined as “multi-unit housing”, which is permissible with the consent of Council.

LEP and Zone Objectives The proposed development is consistent with the aims and objectives of the LEP. The particular objectives of the 2(c) Residential (Low-Medium Density) zone are as follows:

(i) to reinforce the importance of the natural landscape settings and areas with heritage conservation value, and (ii) to protect the character of traditional cottage development and streetscapes, and (iii) to consolidate population and housing densities, and (iv) to expand housing choices by allowing multi-unit housing with a single storey appearance, and (v) to promote a variety of housing types or forms upon the site of each proposed development, and (vi) to allow a range of compatible non-residential uses.

The site is not located in a heritage conservation area. The proposed development will maintain the existing character of the streetscape based on the proposed single-storey design. The proposal provides for urban consolidation and a suitable variety of housing products. The proposed development therefore satisfies each of the relevant objectives of the 2(c) zone.

Development Standards The proposed development has been assessed against the relevant development standards contained in the LEP relating to multi-unit housing and development generally in the 2(c) Residential (Low-Medium Density) zone, as detailed below.

Development Standards Requirement Compliance Clause 11(4) – Lot Size 800m2 Yes (858m2). Clause 11(4) – Lot Width 15m No (10.97m). Refer to discussion regarding

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SEPP 1. Clause 12(3) – Building 1.8m from property Yes. Envelope boundary and 45o height plane. Clause 12(3) – External 3.5m Yes (3.35m). Wall Height Clause 12(3) – Landscaped 40% Yes (392m2/858m2 = Area 45.7%). Clause 12(4) – Rear 4m for single-storey. Yes (4m). Setback Clause 13(2) – Solar Access 3 hours direct sun to Yes. living areas. 3 hours direct sun to Yes. neighbouring living areas. Ceiling insulated to R3.0. Energy efficiency Walls insulated to R1.5. requirements addressed Shading devices. via BASIX Certificate.

Clause 14 – General Design Principles The proposed development is consistent with the general design principles detailed in this clause and relating to protection of local topography, streetscape and character, compatibility with the scale and design of neighbouring development and provision of contemporary standards of amenity within dwellings and open space areas.

Clause 28 – Tree Preservation The proposed development necessitates the removal of 9 existing trees and plants from the site, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, a monterey pine and a swamp mahogany eucalypt. An existing monterey pine situated at the rear centre of the site is proposed for retention. It is noted that the site is not mapped as containing any remnant endangered ecological communities as identified under the Threatened Species Conservation Act 1995.

The application has been accompanied by a Tree Report prepared by About Trees. The report recommends that Tree 1 and Trees 3 to 10 be removed and that Tree 2 be retained. The proposed development makes provision for the retention of Tree 2 in accordance with the recommendations of the Tree Report. The proposed level of tree removal is therefore appropriate in the circumstances of the case. The landscape plan for the site will more than compensate for the removal of these trees.

State Environmental Planning Policy No. 1 – Development Standards The proposed development does not comply with Council’s development standard relating to the minimum lot width for multi-unit housing. Clause 11(4) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that in the 2(c) Residential (Low-Medium Density) zone, the minimum lot width for multi-unit housing is 15m. The subject site has a lot width of 10.97m at the front property boundary, representing a proposed variation from the development standard of 26.9%.

The applicant has accompanied the application with a written objection to the minimum lot width requirement for multi-unit housing under the provisions of State Environmental

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Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Council to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

Section 4(1) of the Environmental Planning and Assessment 1979 defines development standards as follows:

development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of:

(a) the area, shape or frontage of any land, the dimensions of any land [emphasis added], buildings or works, or the distance of any land, building or work from any specified point…

Based on this definition, Council’s requirement relating to the minimum lot width for multi-unit housing can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum lot width requirement for multi-unit housing is reproduced in part below.

As per the LEP 1998, Clause 11(4), this site at 3 Judith Close, Werrington has a front boundary of only 10.975m on the arc. At the 7.5m front setback an arc is achievable of 15.410m … also the rear boundary is 30.480m in length. This site does meet the minimum site area as per the LEP. This site is an irregular shape being at the end of a cul-de-sac, all other boundaries are far greater than the minimum 15.0m required …

The proposed new residence has been designed in conjunction with the owners to blend with the existing surrounding neighbourhood, and to be aesthetically pleasing, with this in mind we are asking Penrith City Council to waiver … the LEP 1998 for minimum boundary length … This multi-unit development will only add to the streetscape of the area.

The applicant’s proposed variation to the minimum lot width requirement for multi-unit housing must be assessed against the objectives of the standard. The objectives of the development standard are discussed below.

(a) Allow development that promotes housing choice.

The proposed development incorporates 1 x 1 bedroom and 2 x 3 bedroom attic-style villas and therefore makes suitable provision for housing choice.

(b) Preserve available development potential for multi-unit housing.

The proposed development seeks approval for the construction of multi-unit housing and therefore satisfies this objective.

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The site is an irregular shaped allotment. The property width at the front boundary is 10.97m. The property fans out from this point to a width of 30.48m at the rear boundary. The property width at the 7.5m front building setback is 15.41m. Appropriate separation has therefore been achieved between the proposed dwellings and site boundaries.

In accordance with Clause 7 of SEPP 1, the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3. The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum lot width for multi-unit housing would be unreasonable and unnecessary in the circumstances of the case.

State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) aims to provide a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of SEPP 55 prevents Council from consenting to a development unless it has considered whether the land is contaminated, and is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out.

There is no evidence to suggest that the subject land has previously supported any activities which may have resulted in land contamination. This information is sufficient to conclude that a Stage 1 Preliminary Site Investigation is not warranted. Accordingly the provisions of SEPP 55 have been satisfied.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (REP 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. The plan applies to all parts of the catchment in the Sydney region (15 local government areas, including Penrith), except for land covered by Sydney Regional Environmental Plan No. 11 – Penrith Lakes Scheme. The REP is supported by an Action Plan, which includes actions necessary to improve existing conditions.

The proposed development is in accordance with the general planning considerations set out in Clause 5 of the REP and the relevant specific planning policies and related recommended strategies set out in Clause 6. In particular, provision will be made for 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.

Stormwater run-off from the proposed development will be directed to 3 x 3,500 litre rainwater tanks. Stormwater overflow from the rainwater tanks will be directed to Council’s existing stormwater drainage system in Judith Close. Council’s Development Engineer has

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reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

2. Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Penrith Development Control Plan 2006 Section 2.2 Crime Prevention Through Environmental Design Crime Prevention through Environmental Design (CPTED) aims to ensure development is appropriately designed to reduce the likelihood of crimes being committed. By introducing measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management, it is anticipated that this will assist in minimising the incidence of crime and contribute to perceptions of increased public safety. The proposed development is considered to be of a safe and satisfactory design which promotes crime prevention in its existing environment.

Section 2.4 Erosion and Sediment Control The proposed development includes provision for appropriate strategies to manage and minimise erosion and sedimentation during the course of the development works.

Section 2.6 Landscape The application has been accompanied by a detailed landscape plan for the site which will provide for the high-quality embellishment of the site by suitable ground covers, shrubs and trees which, at maturity, will complement the height, scale, design and function of the proposed development.

Section 2.9 Waste Planning The application has been accompanied by a waste management plan and it suitably describes the likely waste generation of the proposal and identifies appropriate actions to mange the generation, storage and disposal of wastes. Suitable provision has been made for the storage of waste and garbage and recycling bins on the site.

Section 4.4 Residential – Villa-Style Development The proposed development has been assessed against Council’s development controls for villa-style development. The following table summarises the key development controls applicable to the proposed development and the proposal’s compliance with these controls.

Development Controls Requirement Compliance 5.2 Urban Form Each building block no Yes (9.1m). longer than 20m. Provide a 4m wide open Yes (6.3m). corridor across the site for separated dwellings. 5.3 Front and Rear Setbacks Front setback to match Yes (7.5m). adjoining developments or 5.5m minimum. Rear setback 4m for Yes (4m). single-storey. 5.4 Driveways and Parking Resident Parking:

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1 space per 1 bed unit. Yes (Unit 1: 2 car spaces). 1.5 spaces per 2 bed unit. 2 spaces per 3 bed unit. Yes (Unit 2: 2 car spaces; Unit 3: 2 car spaces). Visitor Parking: 1 space per 5 units. Yes (1 visitor car space). 5.5 Landscaped Area 40% of site area. Yes (45.7%). 2m minimum dimension. Yes. 5.6 Building Envelope and Maximum ground floor Yes. Side Setbacks level 1m above ground level. Maximum 500mm cut and Yes. fill. Minimum 2m side No. Minor point setbacks. encroachments only (Units 1 & 3). 5.7 Solar Planning 3 hours solar access to Yes. living areas. 3 hours solar access to No (Unit 3), but courtyard 40% of private open larger than minimum space. required area. 6.3 Building Design – Hipped or gabled roofs. Yes. Dormer Windows Below the main roof No. Minor point ridgeline. encroachments only Predominantly glazed. Yes. Vertical proportion. No. Horizontal proportion required to improve dwelling amenity and solar access. Maximum 25% of roof Yes. elevation. Sit above roof plane. Yes. 6.5 Design of Dwellings Minimum 25m² Yes. and Private Courtyards courtyards. Minimum dimensions Yes. 5m x 4m. 6.9 Fences and Retaining Maximum 1.8m high Yes. Walls fencing. Maximum 1.2m high No (condition). fencing forward of building line. Maximum 500mm high Yes. retaining walls. 6.10 Visual and Acoustic Minimum 3m separation Each dwelling has adequate Privacy and Outlook between facing windows. separation, dividing fences Courtyards to have and landscaping to maintain screening measures. adequate levels of privacy Bedrooms designed away and acoustic amenity. from noisy rooms. Active and passive living

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areas separated. 6.12 Accessibility and Dwellings must be capable Yes. Adaptability of being accessible and adaptable for seniors and persons with a disability.

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 Context and Setting The proposal is consistent with the existing character of other development in the locality.

The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area.

The proposal will have no adverse impacts on the natural environment.

Access, Parking and Traffic While the proposal will produce a minor increase in local traffic flow, no adverse traffic generation impacts are expected as the local road network has adequate spare capacity to cater for this increase.

Provision has been made for appropriate access arrangements to the site and the required number of on-site car parking spaces for residents and visitors to the site.

Water and Energy Introduced by the NSW Government, BASIX, the Building Sustainability Index, ensures dwellings are designed to use less potable water and be responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for houses and units. BASIX applies to all residential developments throughout NSW with a total estimated cost of works of $50,000 or more.

BASIX is an online program whereby the user (usually the building designer) enters data relating to the house or unit design (e.g. location, size, building materials, etc) into the BASIX tool. BASIX analyses this data and determines how it scores against the water and energy targets. The design must pass specific targets (which vary according to location and building type) before the user can print the BASIX Certificate.

The BASIX Certificate lists all the commitments the user has agreed to. The proposed development satisfactorily incorporates the commitments nominated by the BASIX Certificate for the Development Application stage of the proposal. The Principal Certifying Authority (PCA) will check these and the other BASIX commitments at the various stages of construction of the development.

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Social and Economic Impacts The proposed development poses no potential adverse social or economic impacts.

5. Section 79C(1)(c) – The Suitability of the Site for the Development The site attributes are conducive to the development proposal. The proposal has been designed in a manner consistent with the character of the locality.

6. Section 79C(1)(d) – Any Submissions made in relation to the Development Community Consultation In accordance with Section 2.7 Notification and Advertising of Penrith Development Control Plan 2006, the proposed development was advertised in the local newspapers and notified to the owners and occupiers of adjoining and nearby properties. The exhibition period for the proposal was from 9 December to 23 December 2009. A site notice was also placed on the site. Council notified 79 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

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

Referral Comments Building Surveyor No objection, subject to standard conditions. Development Engineer No objection, subject to Special Conditions 2.2 to 2.15.

7. Section 79C(1)(e) – The Public Interest The site is suitable for the proposed development. Multi-unit housing is permissible in the 2(c) Residential (Low-Medium Density) zone and the proposal meets the aims and objectives of the relevant environmental planning instruments. The proposed development is likely to improve the overall appearance of the site.

The properties in the immediate vicinity of the site were notified of the development proposal. It is unlikely that the proposed development will adversely impact on adjoining residents, subject to recommended conditions of consent.

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

Contributions Plan Contribution Cultural Facilities $321.00 Penrith City District Open Space Facilities $5,019.00 Footpath Construction in the Established $228.00 Residential Areas of the City Penrith City Local Open Space $1,817.00 Total Contributions $7,385.00

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Conclusion The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The site is suitable for the proposed development and the proposal is in the public interest. The proposal is therefore worthy of Council’s support.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington be received. 2. The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to Council’s development standard relating to the minimum lot width for multi-unit housing under Clause 11(4) of Penrith Local Environmental Plan 1998 (Urban Land) be supported. 3. Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington be approved subject to the following conditions: Standard Conditions 3.1 A001 Approved plans A008 Works to BCA requirements A009 Residential works DCP A019 Occupation Certificate A038 Lighting locations A039 Graffiti A043 Air conditioning unit A046 Obtain Construction Certificate before commencement of works B001 Demolition of existing structures B002 Australian Standard for demolition and disposal to approved landfill site B003 Asbestos B004 Dust B005 Mud/soil B006 Hours of demolition work D001 Implement approved sediment and erosion control measures D002 Spry grass D005 No filling without prior approval

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D006 Validation of fill material D007 Filling of land D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste D014 Plant and equipment noise E001 BCA compliance F006 Water tank and nuisance G002 Section 73 G004 Integral Energy G005 Rainwater tank plumbing H001 Stamped plans and erection of site notice H002 Provision of site facilities prior to commencement of construction works H005 Ancillary matters H006 Implement waste management plan H022 Survey Certificate H024 Glass installations to comply with AS 1288 H033 Clothes drying facilities H036 Rainwater tank H037 Safe supply of water from catchment H038 Connection of rainwater tank supply H039 Rainwater tank pumps H041 Hours of construction work K027 Car parking L001 Approved landscaping plans L002 Landscaping construction L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements L008 Tree preservation order L010 Tree protection measures N001 Section 94 contributions (Cultural Facilities) - $321 N003 Section 94 contributions (District Open Space) - $5,019 N004 Section 94 contributions (Footpath Construction) - $228 N005 Section 94 contributions (Local Open Space) - $1,817

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P001 Costs P002 Fees associated with Council land Q01F Notice of commencement and appointment of PCA Q006 Occupation Certificate Q010 BASIX Certificate Special Conditions 3.2 All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards. 3.3 Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004. 3.4 Prior to the issue of a Construction Certificate, a Roads Act application including payment of appropriate application and inspection fees shall be lodged with Penrith City Council as the Roads Authority, for the following works: (a) Provision of a heavy-duty vehicular crossing. (b) Provision of private drainage connection to Council’s road drainage system. (c) Removal of redundant vehicular crossings and reinstatement of kerb and gutter. (d) Opening the road reserve for the provision of services including stormwater. (e) Placing of hoardings, containers, waste skips, etc. in the road reserve. (f) Replacement of damaged kerb and gutter for the full property frontage. All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works. Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve. Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required). 3.5 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works: (a) Stormwater drainage.

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(b) Paving works. (c) Sealed pavement for all areas of vehicular access. Civil drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards. 3.6 Stormwater drainage shall be discharged to: (a) The existing site drainage system. The proposed stormwater drainage system shall be designed to ensure no adverse impact on adjoining properties by the diversion or concentration of stormwater flows. The proposed method of stormwater discharge shall be detailed in the Construction Certificate issued by the Certifying Authority. 3.7 Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that vehicular access, pedestrian access, car parking and manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS 2890.2 and Penrith City Council’s Development Control Plan. 3.8 Prior to the commencement of works on site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004. 3.9 Prior to the commencement of works, a dilapidation report of all Council owned infrastructure fronting the development in Judith Close is to be submitted to Penrith City Council. The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development. 3.10 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised. 3.11 Prior to the connection of private drainage to Council’s drainage system, an inspection is to be carried out by Penrith City Council’s Development Engineering Unit. A fee will be charged in accordance with Council’s adopted fees and charges, and is to be paid prior to the inspection. 3.12 Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works within the road reserve have been inspected and approved by Penrith City Council. 3.13 Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and

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relevant conditions of the development consent. 3.14 Prior to the issue of an Occupation Certificate, any damage to Council infrastructure not identified in the dilapidation report as a result of the development shall be restored under the supervision of Penrith City Council. Any rectification works within Judith Close will require a Roads Act application. The application is to be submitted and approved by Penrith City Council prior to such works commencing. 3.15 Prior to the issue of an Occupation Certificate, a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed. The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Site Plan, Elevations and Perspectives 4 Pages Appendix

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17 Development Application DA10/0026 for Alterations and DA10/0026 Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows Applicant: Jahangir Shamsabad and Charlene Shamsabad; Owner: Jahangir Shamsabad and Charlene Shamsabad

Compiled by: Robert Craig, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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 child care centre at Lot 1164 DP 713808, (No. 35) Sunflower Drive, Claremont Meadows. The purpose of the intended alterations and additions is to enable the child care centre to accommodate an additional 10 children aged 2 to 6 years. The child care centre currently accommodates 14 children in this age group.

The subject proposal involves a 28.3% variation to Council’s development standard relating to the minimum landscaped area of a site. The Development Application is therefore reported to Council for determination. The NSW Department of Planning now requires that proposed variations to development standards grater than 10% be determined by full Council.

The site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan 1998 (Urban Land). The proposed alterations and additions relate to a previously approved child care centre which is a permissible form of development in the 2(b) zone with the consent of Council. The proposed development has been notified to nearby and adjoining residents. Council notified 24 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

These matters are discussed in detail in the report.

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This report recommends that the application be approved subject to recommended conditions of consent.

Background Development Application No. DA07/1027 for a child care centre at No. 35 Sunflower Drive, Claremont Meadows was approved by Council under delegated authority on 13 December 2007. The approved child care centre included the following components:

• Conversion of an existing single-storey dwelling house into to a child care centre accommodating a maximum of 14 children aged 2 to 6 years and serviced by 2 staff members. The approved hours of operation were from 7am to 6pm, Monday to Friday • Construction of a new 6m wide driveway off Sunflower Drive • Construction of a car park in the front building setback area to Sunflower Drive accommodating 4 visitor car spaces and 2 staff car spaces

An Occupation Certificate for the child care centre was issued by Council on 15 August 2008. The child care centre commenced operations on 3 September 2008 and is known as the Sunflower Childcare Centre.

Site and Surrounds The subject site is located on the north-eastern corner of the intersection of Sunflower Drive and Carnation Avenue in Claremont Meadows. The site is situated approximately 135m to the south of the Great Western Highway, although there is no direct vehicular access from the Claremont Meadows estate to the Great Western Highway. Refer to the Locality Plan at Appendix No. 1 for further details.

The site is 795m2 in area, 31.175m wide, 22m deep and is orientated in a south-west/north- east direction from front to rear. The site is predominantly flat and has a gentle cross-fall to Carnation Avenue.

The site is currently occupied by an existing single-storey dwelling house which has been converted into a child care centre with related car parking to the Sunflower Drive frontage and outdoor play areas in the rear yard. There is no significant vegetation located on the property, although there are two existing street trees in the nature strip surrounding the property.

The surrounding area is characterised by low-density (single dwelling) residential development.

The Proposed Development The proposed development includes the following alterations and additions to the existing child care centre:

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• Modifications to the existing internal floor layout including the extension of the children’s activity room, relocation of the kitchen/staff respite area and the addition of a shower and children’s water closet (w.c.) pan in the children’s toilet area • Removal of the existing garage door fronting Sunflower Drive and replacement with a new window commensurate with the expanded area of the children’s activity room. The area below the new window will be timber clad and painted brown to match the existing external building materials • Construction of a small external storage shed in the outdoor play area • Construction of a new verandah off the south-east side of the building to provide additional shaded outdoor play area • Construction of 2 additional on-site stacked car spaces for use by staff members only. The expanded car park will accommodate 5 visitor car spaces and 3 staff car spaces

The purpose of the proposed alterations and additions is to enable the child care centre to accommodate a maximum of 24 children aged 2 to 6 years and 3 staff members. The hours of operation will remain unchanged.

Refer to Appendix No. 2 for A4 copies of the site plan, floor plan and elevations submitted with the application.

The Development Application has been accompanied by the following related documents:

• Statements of Environmental Effects – Vista Design Architects • SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) Objection – Vista Design Architects • Noise Statement – Pollution Control Consultancy and Design

1. Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument Penrith Local Environmental Plan 1998 (Urban Land) Permissibility The subject site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed alterations and additions relate to a previously approved child care centre which is a permissible form of development in the 2(b) zone with the consent of Council.

LEP and Zone Objectives The proposed development is consistent with the aims and objectives of the LEP. The particular objectives of the 2(b) Residential (Low Density) zone are as follows:

(i) to reinforce the importance of the natural landscape settings and areas with heritage conservation values, and

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(ii) to promote the established urban and landscape character of traditional residential subdivisions by limiting the range of permissible uses, and (iii) to allow a limited range of compatible non-residential uses.

The site is not located in a heritage conservation area and child care centres are permissible non-residential land uses in the 2(b) Residential (Low Density) zone. The proposed alterations and additions will maintain the existing urban and landscape character of the Claremont Meadows estate. The proposed development therefore satisfies each of the relevant objectives of the 2(b) zone.

Development Standards The proposed development has been assessed against the relevant development standards contained in the LEP relating to development in the 2(b) Residential (Low Density) zone, as detailed below.

Development Standards Requirement Compliance Clause 12(3) – Building 1.8m from property Yes. Envelope boundary and 45o height plane. Clause 12(3) – External 6.5m Yes (2.44m). Wall Height Clause 12(3) – Landscaped 50% No (285m2/795m2 = 35.8%). Area Refer to discussion regarding SEPP 1. Clause 12(4) – Rear 4m for single storey. No (1.5m). Refer to discussion Setback regarding Clause 12(7).

Clause 12(7) Council may consent to the erection of a related non-habitable structure which is not compliant with the required rear building setback provided it will only have minimal adverse impact on the site and any adjoining land. The proposed verandah structure is setback less than 4m (1.5m) from the rear property boundary. This encroachment is acceptable in the circumstances and meets the test of only having minimal adverse impact on the site and the adjoining property.

State Environmental Planning Policy No. 1 – Development Standards The proposed development does not comply with Council’s development standard relating to the minimum landscaped area of a site. Clause 12(2) of Penrith LEP 1998 (Urban Land) defines the landscaped area of a site as follows:

landscaped area, of a site, means that part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is

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available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.

verandah associated with a landscaped area means a verandah that: (a) is attached to a dwelling, and (b) is associated with a landscaped area that is designated open space for that dwelling and which is not greater than 15m2 in area.

Clause 12(3) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that in the 2(b) Residential (Low Density) zone the minimum required landscaped area of a site is 50%. The proposed development includes a landscaped area of 35.8% (285m2/795m2), representing a proposed variation from the relevant development standard of 28.3%.

The applicant has accompanied the application with a written objection to the landscaped area development standard under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Council to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

Section 4(1) of the Environmental Planning and Assessment 1979 defines a development standard as follows:

…(f) the provision of public access, open space, landscaped space [emphasis added], tree planting or other treatment for the conservation, protection or enhancement of the environment…

Based on this definition, Council’s requirement relating to the minimum landscaped area of a site can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

The applicant’s SEPP 1 objection in relation to the non-compliance with the landscaped area development standard is reproduced in part below.

The site has a Council approved dwelling which is being used a Child Care Centre. The only works proposed as part of the development application are a storage shed for outdoor toys, 2 additional car parking spaces and a concrete floored, sun shade structure made of colorbond flat metal roof.

The 2 additional car parking spaces are essential to the application. Having car parking on site is a Council requirement for such a facility. However with that, the area

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becomes categorized as a driveway which cannot be counted towards the numerical requirements of landscaping which contributes to reduced landscaped area. The additional car park spaces are necessary to improve the utility of the existing building.

The proposed Sun Shade structure is not considered absolutely essential according to the DoCS requirements, however it is considered to be an additional amenity which will enable the children to play outdoors and provide more protection from the sun. As can be seen in the drawings the shade structure only consists of a flat roof and stands on colorbond metal posts. The visual effect is very minimal in nature and considering the use of the site which is exclusively for the care of children, the provision of the same is considered reasonable.

…The variation if granted, still shows consistency with the aims and objectives of the environmental planning instrument by:

• Achieving site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk, since it is a single storey addition and visually it will have a negligible effect.

• Since it is only a single storey addition, it has no impact on privacy, overshadowing or loss of views.

• Achieving an appropriate separation between buildings and site boundaries and preserving private open space corridors along rear fence lines since the proposed shade structure is to be set back from the boundaries as shown in the drawings.

• Protecting and enhancing the environmental features, which are characteristic of each of the residential zones, by maintaining the original dwelling. The built up area of the main building effectively remains the same, which means that the open space remains the same. The existing soft landscaped area is converted to hard surface area to improve the utility of the building.

…The circumstances that necessitate a variation are the use of the site as a Child Care Centre which has been approved by Penrith City Council and has been operational without any issues. The variation is requested to provide a better facility for the children attending the Child Care facility and for better utility of the building. If the variation is not approved, the Child Care facility would still be able to operate but with significant loss of covered outdoor play area.

We therefore believe that in order to provide a better and improved facility for the children, the proposed variation merits Council approval.

The applicant’s proposed variation to the landscaped area development standard must be assessed against the objectives of the standard. The objectives of the development standard are discussed below.

(a) Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear fence lines.

The existing footprint of the child care centre building will remain unchanged. The

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proposed verandah is an open structure which will enable the retention of the private open space corridor along the rear fence line.

(b) Protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.

Although the 2 additional car spaces in the front setback area will reduce opportunities for landscaping, sufficient space will remain for effective landscaping in this location. The applicant has indicatively shown on the site plan proposed shrub planting to soften the appearance of the car park. The rear yard area will maintain an appropriate level of formal landscaping and grassed area in the context of a child care centre. The property is not subject to on-site stormwater detention requirements.

In accordance with Clause 7 of SEPP 1, the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3. The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum landscaped area would be unreasonable and unnecessary in the circumstances of the case.

Stormwater run-off from the proposed development will be directed to Council’s existing stormwater drainage system. Council’s Development Engineer has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

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measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management, it is anticipated that this will assist in minimising the incidence of crime and contribute to perceptions of increased public safety.

Council’s Community Safety Coordinator has reviewed the proposed development with regard to community safety and CPTED principles and has provided the following comments:

Overall, the proposed alterations and additions to the Child Care Centre will have minimal impact on the crime risk of the development as the majority of the proposed changes are to the interior of the property.

…Given the location of the Child Care Centre within a residential area, the area may be isolated, particularly at night, which minimises opportunities for passive surveillance. It is therefore important that CPTED measures are conditioned on this development to reduce the risk of crime such as break and enter and malicious damage to property.

…The proposed removal of the garage door and replacing it with a window to match the existing windows is supported. The new window will increase surveillance of the street from the property and of the property.

Council’s Community Safety Coordinator has provided conditions of consent that should be applied to the proposed development to enhance the safety and security of all users of the development and to minimise the crime risk associated with the development. These conditions relate to matters such as securing the premises, landscape design and provision of lighting. It is recommended that these matters be suitably conditioned (see Special Condition 2.2).

Section 2.6 Landscape The application has been accompanied by details of indicative proposed shrub planting to soften the appearance of the car park at the front of the site. It will be necessary for the applicant to provide additional shrub planting, particularly in front of proposed car space 8, in order to further soften the large expanse of hardstand area. It is recommended that this matter be suitably conditioned (see Special Condition 2.3).

Section 2.9 Waste Planning The application was not accompanied by a waste management plan. It is recommended that the submission of a waste management plan be suitably conditioned (see Special Condition 2.4).

Section 3.3 Child Care Centres The proposed development has been assessed against Council’s development controls for child care centres. The following table summarises the key development controls applicable

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Development Controls Requirement Compliance Amenity Purpose designed and No. Refer to discussion built if catering for 15 or below. more children. Scale and character Yes. compatible with surrounding residential development. Location No adverse traffic Yes. No substantial traffic impacts. impacts expected on local road network. Vehicle Access and Parking 1 car space per 4 children Yes (8 car spaces). (6 car spaces). 1 additional car space per Not applicable. staff member where staff to child ratio greater than 1:4 (e.g. special needs children). Noise Acoustic fencing. Yes (1.9m acoustic fence to rear boundary and part of side boundary). Shade Shade to 50% of outdoor Yes (165m2/327.9m2 = play area. 50.3%). Toilet Facilities 1 water closet fixture per Yes (3 w.c.). 8 children (3 w.c.). 1 water closet fixture and Not applicable. wash basin per 40 male staff. 1 water closet fixture and Yes (1 w.c. and a wash wash basin per 20 female basin). staff (1 w.c. and a wash basin). Floor Space 3.25m2 indoor play space Yes (84.5m2). per child (78.m2). 7m2 outdoor play space Yes (327.9m2). per child (168.m2).

The proposal does not comply with the provision that child care centres accommodating 15 or more children should be purpose designed and built. The proposal otherwise complies with Council’s requirements for car parking, amenities and indoor/outdoor play space. It would therefore be unreasonable to insist on compliance with this development control in that the amenity of the child care centre will not be compromised due to the additional children to be accommodated. Council’s Children’s Services Department has advised that the facility is the only child care centre in Claremont Meadows which would suggest that the additional capacity will serve an important community need.

In addition to Council’s development controls, the proposal will need to comply with the Children’s Services Regulation 2004. Community Services (formerly DoCS) will determine

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compliance with this regulation as part of the licensing requirements for the facility based on the proposed children and staff numbers. It is recommended that this matter be suitably conditioned to ensure compliance with the Community Services licensing requirements (see Special Conditions 2.5 and 2.6).

4. Section 79C(1)(b) – The Likely Impacts of the Development Context and Setting The proposal is consistent with the existing character of other development in the locality.

The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area.

The proposal will have no adverse impacts on the natural environment.

Access, Parking and Traffic Council’s Traffic Engineer has reviewed the proposed development with regard to access, parking and traffic and has provided the following comments:

The number of parking spaces is proposed at 1 space per 4 children with one space per staff member. The total number of parking spaces (8) therefore complies with Council’s code; stacked parking (3 spaces) is permissible for staff members and must be marked accordingly.

The proposal will produce consistent increase in local traffic flow; however no substantial traffic impacts are anticipated on the local road network. Peak hour trips for the development are anticipated to be in the order of 12 vehicles per hour in total.

Appropriate sight lines must be maintained from the proposed driveway in accordance with AS 2890.1 (2004).

The parking area design must comply with the provisions of AS 2890.1 and 2.

It is recommended that the matters raised by Council’s Traffic Engineer be suitably conditioned (see Special Conditions 2.7 to 2.9).

Noise Impacts The application has been accompanied by a Noise Statement prepared by Pollution Control Consultancy and Design which provides a review of the potential additional noise impacts associated with the proposed increase in children numbers. The key extract from the submitted Noise Statement is provided below.

Our recent calculations show that a 1.9 metre high fence (noise barrier)…will effectively reduce noise from up to 28 children playing outdoor at the same time.

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The 1.9 metre high fence should be otherwise alike the existing 1.8 metre high fence, i.e. it should be solid (nonporous, without gaps) and have the surface density of 32kg/m2, and it should run:

• along the entire north-eastern boundary; and • on a 9 metre long section of the north-western boundary along the outdoor play area…

Council’s Environmental Health Department has reviewed the proposed development with regard to noise impacts and is satisfied with the findings and recommendations of the Noise Statement. It is recommended that the fencing requirements of the Noise Statement be suitably conditioned (see Special Condition 2.10).

Social and Economic Impacts The proposed development poses no potential adverse social or economic impacts. The proposed increased capacity of the child care centre will serve an important community need.

6. Section 79C(1)(d) – Any Submissions made in relation to the Development Community Consultation In accordance with Section 2.7 Notification and Advertising of Penrith Development Control Plan 2006, the proposed development was notified to the owners and occupiers of adjoining and nearby properties. The exhibition period for the proposal was from 22 January to 5 February 2010. Council notified 24 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

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

Referral Comments Building Surveyor No objection, subject to standard conditions and Special Conditions 2.11 and 2.12. Children’s Services No objection. Community Safety No objection, subject to Special Condition 2.2. Development Engineer No objection, subject to standard conditions and Special Condition 2.13. Environmental Health No objection. Public Health No objection, subject to standard conditions and Special Conditions 2.14 to 2.22. Traffic Engineer No objection, subject to Special Conditions 2.7 to 2.9.

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7. Section 79C(1)(e) – The Public Interest The site is suitable for the proposed development. Alterations and additions to an existing child care centre is a permissible form of development in the 2(b) Residential (Low Density) zone and the proposal meets the aims and objectives of the relevant environmental planning instruments. The proposed development is likely to improve the overall appearance of the site.

Section 94 Contributions There are no Section 94 contributions applicable to the proposed development.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows be received. 2. The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to the landscaped area development standard under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported. 3. Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows be approved subject to the following conditions: Standard Conditions 2.1 A001 Approved plans A008 Works to BCA requirements A009 Residential works DCP A011 Engineering works DCP A012 Food shop A019 Occupation Certificate A020 Use of building A021 Business registration

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A026 Advertising sign A029 Hours of operation A039 Graffiti A043 Air conditioning unit A046 Obtain Construction Certificate before commencement of works B002 Australian Standard for demolition and disposal to approved landfill site D001 Implement approved sediment and erosion control measures D005 No filling without prior approval D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste D014 Plant and equipment noise E001A BCA compliance (Class 2-9) E002 BCA issued to be addressed E006 Disabled access and facilities E009 Annual fire safety – essential fire safety (Class 2-9 buildings) F022 Commercial kitchens (kitchen exhaust system) H001 Stamped plans and erection of site notice H002 Provision of site facilities prior to commencement of construction works H006 Implementation of waste management plan H013 Further details of building components H024 Glass installations to comply with AS 1288 H041 Hours of construction work K016 Stormwater K025 Pavement seal K027 Car parking L001 Approved landscaping plans L002 Landscaping construction L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements L007 Tree protection measures

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L008 Tree preservation order L012 Existing landscaping P001 Costs P002 Fees associated with Council land Q01F Notice of commencement and appointment of PCA Q006 Occupation Certificate Special Conditions 2.2 The development shall comply with the following community safety and CPTED (Crime Prevention Through Environmental Design) matters: (a) The new window that will replace the garage door, in addition to all existing windows and doors, shall have suitable locks installed to avoid vulnerable break and enter points (b) The new external storage shed shall be well secured (c) All existing gates to side or rear access points shall be lockable (d) The new landscaping in the form of shrubs to the front of the car parking area shall be low in height. Dense vegetation with concentrated top to bottom foliage shall be avoided. The use of low vegetation will improve surveillance, provide clear lines of sight and avoid concealment areas along the frontage of the site (e) The existing planting adjoining the front fencing to Sunflower Drive shall remain in place to minimise opportunities for graffiti and malicious damage. The vegetation shall be wall hugging to avoid opportunities for concealment (f) The existing external lighting facing the driveway area shall have a wide beam of illumination which reaches to the beam of the next light, or the perimeter of the area being traversed (i.e. the car parking area) (g) Lighting shall be directed towards access/egress routes to illuminate potential offenders as well as the areas where people are most vulnerable (h) Lighting shall be contained within the property boundary and no light shall be projected upwards (i) Where appropriate, movement sensitive and diffused lights shall be used (j) All lighting shall be vandal resistant where practical 2.3 Prior to the issue of a Construction Certificate, a detailed landscape plan for the development shall be submitted and approved. The landscape plan shall be designed by a landscape professional listed in Council's Approved Landscape Consultants Register as suitable to design category 2 landscape works. The landscape plan shall be in accordance with the relevant provisions of Section 2.6 (Landscape) of

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Penrith Development Control Plan 2006. The landscape plan shall make provision for additional shrub planning in front of car space 8 2.4 Prior to the issue of a Construction Certificate, a waste management plan for the development shall be submitted and approved. The waste management plan shall be in accordance with the relevant provisions of Section 2.9 (Waste Planning) of Penrith Development Control Plan 2006 2.5 The child care centre alterations and additions shall comply with the requirements of the Children’s Services Regulation 2004 and shall be appropriately licensed by Community Services (formerly DoCS) prior to the commencement of operation 2.6 The child care centre shall accommodate a maximum of 24 children aged 2 to 6 years and 3 staff members at any one time 2.7 The stacked car parking spaces shall be for “staff parking only” and shall signposted or marked accordingly 2.8 Appropriate sight lines shall be maintained from the driveway in accordance with AS 2890.1 (2004) 2.9 The car parking area design shall comply with the provisions of AS 2890.1 and AS 2890.2 2.10 The recommendations relating to the development contained in the Noise Statement dated 16 January 2010 prepared by Pollution Control Consultancy and Design shall be satisfactorily implemented. Certification from a suitably qualified acoustic consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of an Occupation Certificate 2.11 The construction of the new stud wall in the existing garage shall comply with the following requirements: (a) Weepholes and flashing shall be provided at the base of the cavity (b) Flashing shall be provided between the inside of the engaged piers and the internal wall linings 2.12 The front exit door shall be capable of being opened by a single- handed downward action without the need to resort to a key in accordance with Clause D2.21 of the Building Code of Australia, at all times that the building is occupied 2.13 Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that vehicular access, pedestrian access, car parking and manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS 2890.2 and Penrith City Council’s Development Control Plan 2.14 A designated hand wash basin must be supplied within the food preparation area for hand washing only. It must be supplied with warm water through a common spout in compliance with AS 4674- 2004 and Food Safety Standard 3.2.3. The hand wash basin must also be supplied with soap and paper towel. The hand wash basin must be

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hands free as required by AS 4674-2004 2.15 Where an external garbage bay will be operated, the garbage area must be constructed and maintained in accordance with the requirements of Food Safety Standard 3.2.3 and the Protection of the Environment Operations Act 1997. Specifically, external garbage storage areas are to be paved, graded, drained to a waste disposal system and provided with a hose tap to facilitate cleaning 2.16 To ensure the dishwasher is effectively able to sanitise food utensils and equipment, it must be capable of reaching 80oC for 2 minutes, 75oC for 10 minutes or 70oC for 15 minutes in the rinse cycle as required by AS 4674-2004 2.17 As required by AS 4674-2004, mechanical ventilation shall be provided in accordance with AS 1668, Parts 1 and 2, to the dishwasher if it vents steam into the surrounding area to the extent that there is, or likely to be, condensation collecting on walls and ceilings. If required, the installer of the exhaust system shall certify and submit appropriate documentation to Council prior to the issue of the Occupation Certificate that the system has been installed in accordance with AS 1668 2.18 All floors within the food business are to be constructed, finished and appropriately coved in accordance with AS 4674-2004 2.19 All walls within the food business are to be of solid construction and finished in accordance with AS 4674-2004 2.20 The ceiling is to be constructed in accordance with AS 4674-2004. Please note drop-in panels are not permitted 2.21 The premises shall be proofed against the entry of pests in accordance with AS 4674-2004 2.22 In addition to the hand wash basin located in the food preparation area, a hand wash basin with warm water through a common spout in compliance with AS 4674-2004 and Food Safety Standard 3.2.3 must be installed within or immediately adjacent to the toilet. This hand wash basin must also be supplied with soap and paper towel. All hand wash basins must be hand free as required by AS 4674-2004.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Site Plan, Floor Plan and Elevations 3 Pages Appendix

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18 Development Application DA09/0960 for proposed Torrens DA09/0960 Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith Applicant: Freeburn Surveying; Owner: Mr & Mrs Nielsen & Ms I Georgakopoulos

Compiled by: Gordon Williams, Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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 seeking approval to change the titles of the existing lots from Strata to Torrens Title. The site has previously been granted approval for a detached dual occupancy that was granted a strata subdivision approval. The application seeks a variation to the minimum Torrens Title lot size under Penrith Local Environmental Plan No.1998 (Urban Lands) (LEP 1998). The application is accompanied by an objection under State Environmental Planning Policy No.1 “Development Standards” (SEPP 1). In accordance with the new reporting requirements of the Department of Planning, the matter is forwarded to Council for determination as the variation is in excess of 10%. The report recommends that the objection to the development standard is not supported and the application be refused.

Background Development Consent was granted to DA03/1836 for a detached dual occupancy and Strata Title on the 5/9/2003. The development has been completed and the Strata Plan was registered with the Department of Lands on the 25/10/2004.

Site and Surrounds The subject site is situated on the south eastern corner of Ladbury Avenue and Captains Road both dwellings are orientated and have vehicle access to Captains Road (refer to Locality Plan at Appendix No. 1).

The site is currently occupied by two dwellings (Detached Dual Occupancy) one on each of the strata lots. The surrounding area is characterised by single residential development of lots varying in size from 600 m² with many lots greater than 800 m². A golf course is located to the east of the site.

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The Proposal The proposed development involves the conversion of the existing Strata Titles lots to Torrens Title allotments. The proposed lots will have areas of 487m2 and 606m2 and lot widths of 18.345m and a variable width up to 22.775m. The existing vehicular and pedestrian access from Captains Road remains unchanged.

The application was accompanied by:

• Proposed Plan of Subdivision prepared by Matthew Freeburn dated 31 August 2009; • Statement of Environmental Effects incorporating a SEPP 1 objection prepared by Cityscape planning and projects dated September 2009; • Plan of the proposed subdivision is attached (Appendix 2)

Section 79C(1)(a)(i) – Any Environmental Planning Instrument Penrith Local Environmental Plan No.1998 – (Urban Lands) The subject site is zoned 2(a) Residential (Urban and Landscape Protection) under LEP 1998. The proposed development is defined as Torrens Title subdivision, which is permissible under this zoning but the proposal does not comply with the minimum lot area requirements.

Clause 10 of Penrith LEP 1998 provided the controls for subdivision the Clause states:

“(1) The objectives of this clause are to prescribe minimum lot areas and minimum lot widths for land within a residential or rural – residential zone that will: (a) provide for development that promotes housing choice; (b) encourage lot dimensions and lot areas appropriate for development permissible in each zone; (c) maintain the prevailing settlement patterns in each of the residential and rural residential zones; and (c) permit “strata” subdivision of dual occupancy and multi-unit housing development.

(2) This clause does not apply to common property or lots (within the meaning of the Strata Schemes (Freehold Development) Act 1973), or community property, neighbourhood property or precinct property (within the meaning of the Community Land Development Act 1989).

(3) A person shall not subdivide land (whether or not occupied by buildings) or open a road without the consent of the council.

(4) For the purposes of this clause, the area of a lot does not include the area of any access corridor or right-of -carriageway.

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(5) The council must not grant consent to subdivision of land within Zone No. 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the area and width of each of the resultant lots will be in accordance with the controls for the zone set out in Table 1 below:

Table 1 General Subdivision Controls Zone No Standard lot Internal lot Minimum area Minimum width Minimum area Minimum width 2(a) 600 m2 15 m 700 m2 20 m

The proposed development does not satisfy the minimum lot area requirements as outlined the Table 2 below:

Table 2 – Minimum Area Requirements Lot No Required lot Proposed lot Complies Variation area area 1 600 m2 606 m2 yes Nil 2 600 m2 487 m2 no 19%

In response to this non compliance the applicant has submitted an objection pursuant to State Environmental Planning Policy No.1 - Development Standards in support of the variation to the development standard.

State Environmental Planning Policy No.1-Development Standards (SEPP No1) The purpose of the State Policy is to

“provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in Section 5 (a)(i) and (ii) of the Act”..

The definition of a ‘development standard’ is outlined in Section 4(1) of the Environmental Planning and Assessment Act 1979, as: “development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of: e) the intensity or density of the use of any land, building or work.”

It is considered that the development control pertaining to lot area is sufficiently defined as a ‘development standard’, and thus a SEPP 1 objection can be considered by Council.

The lot area is a development standard and under the provisions of SEPP1 can be varied with the consent of Council.

In support of the SEPP1 application the applicant has made the following arguments:

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(a) provide for development that promotes housing choice The proposed development provides new and diverse housing opportunities in the LGA including opportunities for smaller lot housing in a local area that currently has limited housing diversity.

(b) encourages lot dimensions and lot areas appropriate for development permissible in each zone The existing character of the local areas can be defined as a typical suburban type urban form with single dwellings located on large lots with open front gardens and relatively generous garden curtilages. The streetscape character and rhythm is therefore primarily a function of the relationship of buildings to lot widths, not lot depths (or total site area), as the rear yards areas make little contribution to the visual character of the streetscape. Whilst one of the proposed lots is undersized in terms of total land area, they both provide dimensions well in excess of the minimum dimension for lot width (street frontage) and therefore can be considered to provide an ‘appropriately’ dimensioned lot given the unique circumstances of the site.

(c) maintain the prevailing settlement patterns in each of the residential and rural- residential zones The unique condition of the site is that it already accommodates two dwellings as a dual occupancy under strata title. The proposed subdivision seeks to provide new lot boundaries that closely correspond with the existing site layout arrangements inclusive of dividing fences. Therefore the development will not result in the insertion of any new built forms or boundary fences in the streetscape. In this regard it is also important o note that the existing arrangement between buildings and site boundaries would not accommodate further development of either site as a dual occupancy and even if they did, such development would not be permitted on site as the lots sizes are well less than the minimum 750m2 lot size required for development of dual occupancy. Accordingly, the development will simply maintains the prevailing settlement pattern and presents no potential to disrupt the prevailing streetscape and landscape character of the site or local area

(d) permit “strata” subdivision of dual occupancy and multi-unit housing development. Not relevant as no strata subdivision proposed. However, it is noted that the existing dwellings are provided under a strata title arrangement.

It is our view that given the unique circumstances of the case, i.e. two dwelling already on site, there will be no difference in built form outcomes in the transfer of the existing dwellings from a Strata Title to a Torrens Title.

Comment: The proposed development is to convert two existing strata title lots into two Torrens Titled lots. The subdivision will not provide new or diverse housing opportunities in the LGA as the housing already exists. The two dwellings currently have separate title and the proposal will not give any further opportunities for smaller lot housing in a local area that currently has limited housing diversity under the LEP.

Clause 10 (5) is strongly worded as it states:

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“(5) The council must not grant consent to subdivision of land within Zone No. 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the area and width of each of the resultant lots will be in accordance with the controls for the zone set out in Table 1”

The application does not satisfy the minimum area requirement and the development will result in a Torrens Title lot considerably less that the minimum requirement the variation is 113 m2 or 19% less than the minimum area requirement under the LEP. The prevailing settlement pattern is of Torrens Title lots is generally considerably larger than the minimum lot area requirement of 600 m2 with many lots greater than 800 m2 with deep rear yard areas that promote landscaping areas with large trees that set the landscape character of the area.

A key planning control in shaping the character of residential areas is the minimum lots size. As a basic development control it regulates the minimum area required for individual dwelling houses and other forms of residential development such as dual occupancies and multi housing. The prevailing lot character in the immediate locality is lots greater than 600m2 with a significant number of lots in excess of 800m2. The creation of an allotment that deviate so markedly from the norm would undermine the basic lot pattern that has developed over a significant period of time which has been instrumental in establishing the existing residential character.

All applications have to be assessed on a merit basis. On occasions there are exceptions to the rule but for the most part the extent of variation are not as significant as that being proposed. Where there are large departures it normally because there are exceptional circumstances that would proffer support for such departures like an imminent change in the Local Environmental Plan.

The rationale in permitting dual occupancies and other multi unit developments to be strata subdivided is based around the notion that these developments have been designed as an integrated package rather than being separate dwellings on individual lots.

This is clearly spelt out in Clause 10(1) (C) of Penrith LEP 1998 (Urban Lands) which indicate that Council will permit “strata” subdivisions of dual occupancy and multi unit housing development. Without this clause the minimum lot sizes would prevail as strata subdivision is a form of land subdivision and would have to comply with these minimum lot area requirements.

Recognition of Strata Title subdivision of dual occupancies and multi unit housing development in fact provides developers with certainty that separate title is guaranteed and full compliance with the minimum lot sizes is not mandatory. This provides scope for investment and residential development which contributes to housing choice and diversity in the housing market.

The Strata Title subdivision provides a suitable management system (Body Corporate) that will manage the relationships and integration of development.

Strata Tile is the appropriate title method of subdividing any approved dual occupancy or multi unit development for the following reasons:

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- The subdivision involves the buildings only for most part with common land allocations. - It is better suited for developments that involve an integrated design with a number of dwellings. - Allows for management of common lands and the development as a whole. - The Body Corporate of the Strata Plan has the role as a self regulating body to protect the development and the interests of the owners of the buildings that are part of the Strata plan.

A decision not to support the objection under SEPP 1 will not disadvantage the owners as the site has already undergone a subdivision (Strata Title). Each dwelling can be sold separately and occupied independent of each other. All decisions of Council set a character for an area and set a direction about how policy is interpreted. For this reason there is some caution expressed should this SEPP 1 objection be supported about the likely precedent that would set for similar developments.

The SEPP 1 objection to the minimum lot size is not supported because of the reasons outlined above.

Section 79C(1)(b) – The Likely Impacts of the Development Built and Natural Environment The existing buildings form will not change as part of the subdivision application and will not impact on the existing built or natural environment. The change to Torrens Title will give the individual lot owner greater flexibility to carry out changes to the building form and reduce the current controls that exist under the strata scheme.

Access, traffic and transportation impacts The proposal will have a negligible impact on the existing road network as a result of additional traffic movements generated.

Site management requirements The lots are serviced by all necessary services for this type of development it would be necessary to obtain a Section 73 Certificate Sydney Water no further arrangements would be required with the other authorities.

Social and Economic As no additional dwellings are created by the proposal it will have not impact on the character and setting of existing established surrounding development. The development will not create any additional demand on social services in the area.

Section 79C(1)(c) – The Suitability of the Site for the Development The site accommodates a strata titled detached dual occupancy development this is in accordance with the planning controls and compatible with the surrounding development. The change in title will give the owners greater flexibility to alter the existing development both in building form, colour and finishes which may result in a less compatible development as the Torrens Title will not have a body corporate who provide a self regulating mechanism for the development as a whole which includes the external appearance of the buildings, common and outside areas and not on an individual basis.

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Section 79C(1)(e) – The Public Interest The proposed development will set a precedent in the areas zoned 2(a) residential (Urban and Landscape protection) which may result in a greater number of this type of application resulting in greater fragmentation of the existing lot pattern in the zone and an increase in lot density.

The proposed development will set a precedent that could result in further applications of this type in all residential zones and result in the objectives of the LEP being under mined resulting in an influx of the type of application.

The proposal is therefore not in the public interest.

Conclusion The proposed Torrens Title subdivision with one of the allotments being significantly below the minimum allotment size is considered to be inconsistent with the planning controls that are used to enable the zone objectives to be meet and the residential character of the City to be maintained.

The extent of variation being sought is considered to be significant. The development of the site has not been denied due to application of minimum lot requirements as Strata Title subdivision has already been approved. There is however potential for support for the request to be seen as a shift in our policy position for similar type applications.

For the reasons contained in this report it considered that the continuation of the Strata Corporation has many benefits to the overall maintenance and scale of the built form on the site. The applicant’s are not considered to be disadvantaged by any decision not support the SEPP 1 objection as there is still opportunity to change ownership like any other dwelling house.

The applicant’s SEPP 1 objection to the minimum lot area standard provides no justification that compliance with the minimum allotment area is unreasonable and unnecessary.

As a result the objection under SEPP 1 is not supported and the application is recommended for refusal.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith be received.

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2. The objection to clause 10 of Penrith LEP1998 not be supported. 3. The Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith of existing strata titled Dual Occupancy be refused for the following reasons: Reasons of Refusal 1 Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act, 1979 the proposed development does not satisfy the objectives of the 2(a) Residential (Urban and Landscape Protection) and is inconsistent with Part 4 Clause 10 (1) (c) of Penrith Local Environmental Plan No.1998 (Urban Lands) SEPP 1 objection not supported as it does not justify why compliance with the development standard is unreasonable. 2 Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 the proposal is not in the public interest as the proposal would set a precedent that could result in applications of a similar type in the surrounding area and in other residential zoned areas of the LEP 3 The proposal does not satisfy the objectives of the zone.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Plan of Proposed Subdivision 1 Page Appendix

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Ordinary Meeting 19 April 2010 Appendix 1 - Locality Plan

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Ordinary Meeting 19 April 2010 Appendix 2 - Plan of Proposed Subdivision

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19 Section 96 Application DA06/1014.05 for the Retention of the DA06/1014.05 Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook Applicant: Catholic Education Office; Owner: Trustees of the Roman Catholic Church

Compiled by: Robert Craig, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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 Section 96 Application from the Catholic Education Office which seeks to modify Condition 13 of Development Application No. DA06/1014 to enable the retention of the existing access driveway located along the southern property boundary of the Corpus Christi Primary School at Lot 1 DP 1144668, (No. 86 - 94) Andromeda Drive, Cranebrook. This driveway was previously used to access the discontinued Xavier College which is now located in Ninth Avenue, Llandilo.

In recognition of the significant local community interest in the Corpus Christi site in recent times, the application is reported to Council for determination.

The subject land is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan 1998 (Urban Land). The proposed modification to the development relates to previously approved alterations and additions to an existing educational establishment which is a permissible form of development in this zone with the consent of Council. The subject application was notified to the owners and occupiers of adjoining properties located along the southern property boundary of the school. The exhibition period for the proposal was from 20 November to 4 December 2009. Council notified 29 property owners and occupiers and received no public submissions in relation to the proposal.

An assessment of the proposed development under Section 96 and Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the proposal has been found to be satisfactory. The following key issues have emerged as a result of this assessment process:

• Noise impacts • Privacy • Sunlight access • Safety, security and crime prevention

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These matters are discussed in detail in this report.

The subject application provides an opportunity for a considerable upgrade to the existing southern boundary fencing in the form of a 2m high acoustically treated fence. The existing boundary fences and privacy screens in this location are currently in a state of disrepair and are not acoustically treated. The proposed fencing, landscaping and new operational conditions recommended in this report will suitably safeguard the residential amenity of the neighbourhood. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved. The proposed modification to the development is therefore worthy of Council’s support.

This report recommends that the application be approved subject to recommended amended and new conditions of consent.

Background Construction of the Corpus Christi Primary School commenced in November 1986 with the school officially opening in June 1987. Since that time the school has been progressively developed in stages and a number of development consents have been issued by Council in relation to building alterations and additions.

Development Application No. DA06/1014 for major building additions and internal refurbishment works was approved by Council under delegated authority on 9 February 2007. A subsequent Section 96 Application modifying these works was approved by Council under delegated authority on 25 November 2008. The approved works included the following components:

Stage 1

• Construction of administrative and staff facilities and six classroom buildings • Construction of amphitheatre and shade sail structures • Internal refurbishment of existing library and classrooms • New paved entry, covered walkways and new external landscaped areas

Stage 2

• Construction of new storerooms at the eastern end of the existing classroom building • New external landscaped areas • Internal refurbishment and alterations to existing classroom building

To date the Stage 1 works have been completed and the Stage 2 works are substantially completed.

Condition 13 of DA06/1014 required the removal of the existing access driveway located along the southern property boundary after completion of Stage 2 of the approved works. This driveway was previously used to access the discontinued Xavier College which is now located in Ninth Avenue, Llandilo. Condition 13 also required that the driveway area be reinstated with appropriate landscaping.

On 14 March 2008, Council received a Section 96 Application seeking to modify

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Condition 13 of DA06/1014 to enable the retention of the southern access driveway. Council subsequently refused the Section 96 Application under delegated authority on 8 September 2008 based on concerns that retention of the access driveway would fail to safeguard the residential amenity of the neighbourhood.

On 18 June 2009, Council received a Section 82A Application seeking a review of Council’s determination of the refused Section 96 Application. However advice from Council’s Legal Officer revealed that the Environmental Planning and Assessment Act 1979 does not include provisions to enable Council to undertake a Section 82A review of a previously refused Section 96 Application. The applicant therefore withdrew the Section 82A Application on 2 November 2009 and lodged the subject Section 96 Application in its place on 13 November 2009.

It should be noted that Complying Development Certificate No. CD09/0017 for a multi-purpose hall and associated covered outdoor learning area on the site was approved by Council under delegated authority on 13 October 2009. These building works are currently under way and are being funded through the Federal Government’s Building the Education Revolution program. Multi-purpose halls with associated covered outdoor learning areas for existing schools are complying development under Clause 31A of State Environmental Planning Policy (Infrastructure) 2007. Complying development is routine development which generally has minimal environmental impact. A complying development certificate is essentially an amalgamated development consent and Construction Certificate.

Site and Surrounds The subject site is 4.782 hectares in area and is an irregular T-shaped parcel of land stretching between the Northern Road to the east and Andromeda Drive to the west. Refer to the Locality Plan at Appendix No. 1 for further details.

The northern and southern boundaries of the site are bounded by low density residential development, including housing fronting Cassar Crescent to the north and hosing fronting Barrett Place and Goldmark Crescent to the south. Land opposite the site to the west supports various land uses including a community centre, public open space, low density housing and a child care centre. Land opposite the site to the east beyond The Northern Road is primarily used for rural-residential purposes and is part of the suburb of Llandilo.

The school campus addresses Andromeda Drive from which vehicles and pedestrians access the site. A substantial car parking area with associated driveways is located adjacent to this street frontage. Vehicular and pedestrian access to the site from The Northern Road is denied.

The school complex consists of two groups of buildings within the front third of the site. The parish centre building is located adjacent to the larger of these buildings. The multi-purpose hall and associated covered outdoor learning area currently under construction are located adjacent to Cassar Crescent. The subject access driveway is located along the southern property boundary of the site. Refer to the Site Plan at Appendix No. 2 for further details.

Proposed Modification to the Development The subject Section 96 Application seeks to modify Condition 13 of Development Application No. DA06/1014 to enable the retention of the existing access driveway located

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along the southern property boundary of the Corpus Christi Primary School. Condition 13 of the development consent reads as follows:

The access road on the southern side of the site shall be removed and replaced with landscaping after completion of Stage 2 of the development. Details shall be submitted prior to the issue of Construction Certificate.

The applicant seeks to retain the access driveway on the basis that the intended use of the driveway will be minor and infrequent, primarily for the purpose of providing access for emergency vehicles to the rear school playground in the event of accident or injury. The driveway may also be infrequently used by vehicles associated with site and building maintenance. It is expected that such access would be limited to less than five occasions per week and would include access by trades people (e.g. plumbers), gardeners (e.g. transportation of a ride-on lawn mower to the rear of the school property) and occasional delivery vehicles. There would be no use of the driveway on weekends or at night.

The applicant proposes to construct a related vehicle turning head at the end of the driveway and noise attenuating fencing along the southern property boundary to mitigate any potential noise impacts on adjoining residents associated with the retention of the access driveway. Landscaping in the form of mixed planting along this boundary is also proposed. The new boundary fencing is proposed to be 2.4m high, double lapped and capped timber and polystyrene insulated. The proposed fence will run west to east from No. 4 Barrett Place to No. 124 Goldmark Crescent, with the exception of the land between No. 9 Barrett Place and No. 122 Goldmark Crescent which contains an overland stormwater flow path. This location requires open-style fencing which is currently in place to ensure the overland flow path is not impeded in times of heavy rainfall. Refer to the Site Works Plan at Appendix No. 3 for further details.

Planning Assessment The proposed modification to the development has been assessed against the relevant heads of consideration contained in Section 96 and Section 79C of the Environmental Planning and Assessment Act 1979, and based on this assessment, the following issues have been identified for further consideration.

1. Section 96 – Modification of Consents Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (the Act), Council may modify a development consent provided several parameters are satisfied. These parameters are briefly discussed below.

(a) The proposed modification must be of minimal environmental impact.

The key consideration in terms of environmental impact is the potential amenity impacts the modification could pose for residents adjoining the subject access driveway. Based on Council’s assessment of this consideration, the modification is of minimal environmental impact. This matter is discussed in detail in Section 5 of this report.

(b) The modified development must be substantially the same development as was previously approved.

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The modified development meets the test of being substantially the same development as was previously approved.

In accordance with Section 2.7 Notification and Advertising of Penrith Development Control Plan 2006, the subject application was notified to the owners and occupiers of adjoining properties located along the southern property boundary of the school. The exhibition period for the proposal was from 20 November to 4 December 2009.

(d) Any submissions received from the notification process must be considered.

Council notified 29 property owners and occupiers and received no public submissions in relation to the proposal.

Each of the relevant criteria under Section 96(1A) of the Act has therefore been satisfied. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved.

2. Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument Penrith Local Environmental Plan 1998 (Urban Land) The subject site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed modification to the development relates to previously approved alterations and additions to an existing educational establishment which is a permissible form of development in this zone with the consent of Council.

The proposed modification to the development is consistent with the aims and objectives of the LEP and the 2(b) Residential (Low Density) zone. In particular, the proposed modification will continue to provide suitable levels of residential amenity as a result of the intended fencing and landscaping works and the new operational conditions recommended in this report.

3. Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Penrith Development Control Plan 2006 The proposed modification to the development does not affect the development proposal’s compliance with the various provisions of Penrith Development Control Pan 2006.

4. Section 79C(1)(a)(iv) – The Provisions of the Regulations The proposed modification to the development does not affect the development proposal’s compliance with any fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

5. Section 79C(1)(b) – The Likely Impacts of the Development Noise Impacts The application has been accompanied by a Noise Statement prepared by Heggies which provides a review of the potential noise impacts associated with the retention of the southern access driveway. The key extracts from the submitted Noise Assessment are provided below.

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Using our database of noise levels, we have undertaken calculations based on a slow moving car passing along the road (sound power level of 83 dBA). The noise source to receiver distance has been taken as 6 metres and our calculations have assumed the provision of an acoustic barrier 2 metres high along the boundary of the “southern” driveway. The receiver height has been taken as 1.5 metres. The resultant noise level in this scenario would be 46 dBA at the point when the vehicle is closest to the receiver position outside the rear garden areas of the adjacent residential premises…

The common way to define the existing ambient noise levels at a location is by referring to the measured LAeq noise level in decibels. The LAeq noise parameter is the equivalent continuous noise level measured over a defined time period.

We have predicted that vehicular movements along the “southern” driveway would produce a worse case noise level of 46 dBA in the rear gardens of the nearby residential premises. In the event that one vehicle movement occurred every 15 minutes, the LAeq from the vehicle would be in the order of 23 dBA, which would result in no measurable increase in the ambient noise level in the rear gardens of the adjacent residential premises. It is our opinion, due to the proposed infrequent use of the driveway, the existing ambient noise levels in the rear gardens of the adjacent premises will not be increased by a result of such vehicular movements.

Notwithstanding the above assessment, we recommend it would be prudent to limit the use of the “southern” driveway for the purposes of emergency vehicles and service vehicles only. Use of the driveway for waste/recycled collection vehicles would not be recommended.

Council’s Environmental Health Department has reviewed the proposed modification to the development with regard to noise impacts and is satisfied with the findings and recommendations of the Noise Statement. Suitable conditions of consent have been provided in this regard to satisfactorily control noise impacts from the southern access driveway, including:

• The southern access driveway shall only be used between the hours of 7am and 6pm on weekdays, with no use on weekends permitted. Emergency vehicles are permitted to use the driveway outside these hours in emergency situations • The southern access driveway shall only be used by emergency and service vehicles. Service vehicles are vehicles that are associated with the servicing or maintenance of school property • The use of the southern access driveway by waste or recycling collection vehicles is not permitted • The 2m high sound barrier is to be installed within 30 days from the date of consent. Certification is to be provided to Council on the construction of this sound barrier within 14 days after completion.

These matters are recommended to be suitably conditioned (see Special Conditions 2.2 to 2.5).

Resident submissions have previously raised concerns regarding noise from students using the southern access driveway, patricianly during the afternoon period when children are leaving the school. A recent inspection of the school revealed that there was limited (if any)

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pedestrian activity along the driveway at this time as the driveway was gated. In order to discourage the use of the driveway by school students as a means of exiting the school grounds, it will be necessary for the driveway to be gated during the afternoon period when children are leaving the school. It is recommended that this matter be suitably conditioned (see Special Condition 2.6). At other times during the day there will undoubtedly be some pedestrian activity adjacent to the driveway, however this is not expected to untypical of normal school activities.

Privacy The proposed fencing and landscaping treatment along the southern property boundary will afford adjoining residents a suitable level of visual and acoustic privacy.

Sunlight Access The southern boundary fencing is proposed to be 2.4m high, double lapped and capped timber and polystyrene insulated. In order to limit the level of overshadowing from the fence line on the adjoining rear yards, it will be necessary to reduce the fence height to 2m. This fence height is more commensurate with the existing fencing along this boundary and is still in accordance with the Heggies’ Noise Statement findings and recommendations. This matter is recommended to be suitably conditioned (see Special Condition 2.7).

Safety, Security and Crime Prevention In order to maintain appropriate levels of safety, security and crime prevention to the properties adjoining the southern access driveway, it will be necessary for the driveway access to be gated outside of normal school hours. This matter is recommended to be suitably conditioned (see Special Condition 2.8).

6. Section 79C(1)(c) – The Suitability of the Site for the Development The proposed modification to the development will not alter the suitability of the site for the development.

7. Section 79C(1)(d) – Any Submissions made in relation to the Development Public Submissions In accordance with Section 2.7 Notification and Advertising of Penrith Development Control Plan 2006, the subject application was notified to the owners and occupiers of adjoining properties located along the southern property boundary of the school. The exhibition period for the proposal was from 20 November to 4 December 2009. Council notified 29 property owners and occupiers and received no public submissions in relation to the proposal.

It should be noted that the withdrawn Section 82A Application which was identical in content to the subject Section 96 Application was similarly notified. The exhibition period for this proposal was from 23 July to 6 August 2009. Council received three submissions and a petition containing eight signatures objecting to the proposal. The key issues raised in the submissions and petition related to concerns regarding noise, privacy, security and overshadowing from the proposed fence. These matters have been duly considered as part of this report.

It is also important to note that the school Principal sent letters to affected residents offering

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to undertake separate on-site consultation regarding the proposal on 26 August 2009. It is understood that residents from one adjoining property attended this session culminating in an agreement that no grevillea or wattle species would be planted to the rear or either side of No. 7 Barrett Place. It is recommended that this matter be suitably conditioned (see Special Condition 2.9).

A final letter was sent by Council on 17 March 2010 to the previously notified property owners and occupiers advising that the subject Section 96 Application would be reported to Council’s Ordinary Meeting on 19 April 2010. The letter advised that the recommendation of the Council report would be that the Section 96 Application be approved on the basis that the proposed noise attenuating fencing and landscaping along the southern property boundary together with the imposition of stringent operational conditions will suitably safeguard the residential amenity of the neighbourhood. Residents were provided with the opportunity to make comment by 31 March 2010 on the proposed Council report recommendation. No submissions were received in response to Council’s letter.

Internal Referral Comments The table below summarises the results of internal referrals in relation to the proposal:

Referrals Comments Development Engineer No objection, subject to conditions (see Special Conditions 2.10 to 2.12). Environmental Health No objection, subject to conditions (see Special Conditions 2.2 to 2.5).

8. Section 79C(1)(e) – The Public Interest The owners and occupiers of adjoining properties located along the southern property boundary of the school were notified of the proposed modification to the development. The proposed fencing, landscaping and new operational conditions recommended in this report will suitably safeguard the residential amenity of the neighbourhood. The proposed modification is therefore in the public interest.

Conclusion The proposed modification to the development has been assessed against the relevant heads of consideration contained in Section 96 and Section 79C of the Environmental Planning and Assessment Act 1979 (the Act) and has been found to be satisfactory. Each of the relevant criteria under Section 96(1A) of the Act has been satisfied. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved.

The subject application provides an opportunity for a considerable upgrade to the existing southern boundary fencing in the form of a 2m high acoustically treated fence. The existing boundary fences and privacy screens in this location are currently in a state of disrepair and are not acoustically treated. The proposed fencing, landscaping and new operational conditions recommended in this report will suitably safeguard the residential amenity of the neighbourhood. The proposed modification to the development is therefore worthy of Council’s support.

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RECOMMENDATION That: 1. The information contained in the report on Section 96 Application DA06/1014.05 for the Retention of the Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook be received. 2. The Section 96 Application DA06/1014.05 for the Retention of the Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook be approved subject to the following amended and additional conditions: Amend Condition 13 to read: 2.1 Acoustic boundary fencing and related landscaping shall be provided to the southern property boundary in accordance Drawing Number S9601 (Issue C, dated 2 June 2009) prepared by Quinn O’Hanlon Architects & Planners, as amended by the following conditions. The overland stormwater flow path shall be fenced with open-style fencing only to ensure the overland flow path is not impeded in times of heavy rainfall. The required fencing and landscaping works shall be satisfactorily completed prior to the issue of the final Occupation Certificate Add the following new conditions: 2.2 The southern access driveway shall only be used between the hours of 7am and 6pm on weekdays, with no use on weekends permitted. Emergency vehicles are permitted to use the driveway outside these hours in emergency situations 2.3 The southern access driveway shall only be used by emergency and service vehicles. Service vehicles are vehicles that are associated with the servicing or maintenance of school property 2.4 The use of the southern access driveway by waste or recycling collection vehicles is not permitted 2.5 The 2m high sound barrier is to be installed within 30 days from the date of consent. Certification is to be provided to Council on the construction of this sound barrier within 14 days after completion 2.6 The southern access driveway shall be gated during the afternoon period when children are leaving the school to discourage pedestrian use of the driveway as a means of exiting the school grounds 2.7 In order to limit the level of overshadowing from the fence line on the adjoining rear yards, the proposed southern boundary fencing shall be reduced in height to 2m 2.8 In order to maintain appropriate levels of safety, security and crime prevention to the properties adjoining the southern access driveway, it will be necessary for the southern driveway access to be gated outside of normal school hours 2.9 No grevillea or wattle species shall be planted to the rear or either side

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of No. 7 Barrett Place. Alternative plant species shall be planted in this location 2.10 All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards 2.11 A Construction Certificate shall be issued by the Certifying Authority to include the following civil works: (a) Access road and sealed pavement for all areas of vehicular access Civil design drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards. 2.12 Prior to the issue of the final Occupation Certificate, the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and relevant conditions of the development consent 3. The individuals and petitioners who made a submission in relation to the withdrawn Section 82A Application be advised of Council’s decision and of the consideration given to their concerns.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Site Plan 1 Page Appendix 3. Site Works Plan 1 Page Appendix

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Ordinary Meeting 19 April 2010 Appendix 1 - Locality Plan

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Ordinary Meeting 19 April 2010 Appendix 2 - Site Plan

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Ordinary Meeting 19 April 2010 Appendix 3 - Site Works Plan

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20 Review of Development Applications Processed in Llandilo

Compiled by: Peter Wood, Development Services Co-ordinator Authorised by: Paul Lemm, Development Services Manager Requested By: Councillor Kath Presdee

Executive Summary At Council’s Ordinary meeting of 22 February 2010 Councillor Presdee raised a Question Without Notice requesting “a report to Council reviewing the development applications processed in Llandilo for housing and sheds, providing figures of numbers of applications, delegated approvals and refusals for 2007, 2008 and 2009 and also providing details regarding connectivity within Llandilo and infrastructure links such as bike paths.”

This report responds to the above request by providing a table outlining all determinations for development applications in Llandilo for the given period, discussing trends over the period and providing details on infrastructure in the locality. A separate response relating to the infrastructure links has been provided by Council’s Road Network Services Section.

The audit of applications reveals that applications have been assessed objectively and that the majority of applications have been determined by granting of approvals.

Development Applications in Llandilo An audit of applications submitted is appended to this report.

Out of the 37 development applications received during this period all but three development applications were granted consent. One application was withdrawn. Out of the three refused applications, two of these were for commercial based activities.

The audit demonstrates that Council’s assessment of applications for housing and sheds has been objective and positive.

The average time taken for assessment of these development applications is generally more than 40 days. It is assumed the applications have taken longer to determine due to the time taken to get the proposal into a form that can be supported in line with relevant planning policies.

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RECOMMENDATION That the information contained in the report on Review of Development Applications Processed in Llandilo be received.

ATTACHMENTS/APPENDICES 1. Development Applications in Llandilo 4 Pages Appendix

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Ordinary Meeting 19 April 2010 Appendix 1 - Development Applications in Llandilo

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A LIVEABLE CITY

Item Page

21 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel 195

22 Great River Walk Stage 7 Grant Application (2010) 199

23 Tender Reference 32-09/10 for the provision of Hired Plant and Equipment 203

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21 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel

Compiled by: Natalie Eglem, Recreation Support Officer Authorised by: Andrew Robinson, Recreation Manager

Strategic Objective: Our public spaces encourage safe and healthy communities Strategic Direction: Our neighbourhood, recreation and leisure facilities and programs meet community needs

Executive Summary The report provides information to Council about donations made to ‘amateur sportspersons and/or representatives in the fields of art, music and culture for overseas and interstate travel’ for the period October 2009 – March 2010. In addition this report includes results achieved by recipients of the travel assistance. The report recommends that the information in the report be received.

Background Penrith City Council’s donation policy 2.2.10 states that contributions will be made: “To assist amateur sportspersons and representatives in the fields of Art, Music, Culture for the purpose of encouraging participation in international or interstate events by residents of the Penrith LGA, members of clubs based in the Penrith LGA, and students of schools and educational establishments within the Penrith LGA who are representing the country of Australia or the state of New South Wales.” The requests that Council has received and processed, in accordance with the Policy, for the period October 2009 – March 2010 are listed below.

1) OVERSEAS DESTINATIONS ($200 NZ OR $300 overseas)

Donation Sporting $ Recipient/Suburb Event Destination Event Date Organisation November - Oceania Muay Christina Jurjevic World Championship Bangkok, $300.00 December Thai - Cranebrook Muay Thai Games Thailand 2009 Federation November - Oceania Muay Rhyse Saliba - World Championship Bangkok, $300.00 December Thai Glenmore Park Muay Thai Games Thailand 2009 Federation November - Oceania Muay Glen Purvis - World Championship Bangkok, $300.00 December Thai Cranebrook Muay Thai Games Thailand 2009 Federation Australian Brendon Heather - Sanix World Youth Fukuoka, Rugby $300.00 April 2010 Kingswood Rugby Championships Japan Football Schools Union

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Donation Sporting $ Recipient/Suburb Event Destination Event Date Organisation Little Kieran Kirk - Little Athletics Trans New $200.00 January 2010 Athletics Erskine Park Tasman Challenge Zealand NSW Touch Scott Buckley - Touch Football Trans New $200.00 January 2010 Football Cambridge Park Tasman Series Zealand Australia Touch Nicholas Good - Touch Football Trans New $200.00 January 2010 Football St Clair Tasman Series Zealand Australia World Synchronised Colorado Samantha Oke - Ice Skating $300.00 Figure Skating Springs, March 2010 Jamisontown Australia Inc Championships USA Little Blake McCaffrey - Little Athletics Trans New $200.00 January 2010 Athletics Orchard Hills Tasman Challenge Zealand NSW Ben Felten - Barbados, Blind Cricket $300.00 Blind Cricket Tour June 2010 Penrith West Indies Australia Monique November - Oceania Muay World Championship Bangkok, $300.00 Sciberras - St December Thai Muay Thai Games Thailand Marys 2009 Federation Mark Webster - World Figure Skating Ice Skating $300.00 Torino, Italy March 2010 Glenmore Park Championships Australia Inc Hawkesbury Barry Dray - St European Pipe Band $300.00 Ireland July 2010 City Pipe Clair Championships Band Inc Hawkesbury Sharon Jameson - European Pipe Band $300.00 Ireland July 2010 City Pipe Cranebrook Championships Band Inc Hawkesbury Stephen Kerr - European Pipe Band $300.00 Ireland July 2010 City Pipe Colyton Championships Band Inc Hawkesbury Karen Ryder - European Pipe Band $300.00 Ireland July 2010 City Pipe Cranebrook Championships Band Inc Hawkesbury Caitlyn Ryder - European Pipe Band $300.00 Ireland July 2010 City Pipe Cranebrook Championships Band Inc Hawkesbury Brendan Ryder - European Pipe Band $300.00 Ireland July 2010 City Pipe Cranebrook Championships Band Inc

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2) INTERSTATE DESTINATIONS ($100 - QLD, VIC; $150 - SA, TAS; $200 - WA, NT)

Donation Sporting $ Recipient/Suburb Event Destination Event Date Organisation Hannah Gunn - Glenbrook Artistic Roller Skating $100.00 Queensland October 2009 Skate NSW (member of a National Championships Penrith Club)

New South School Sports Australia Tiarne Kerr - Emu November Wales Primary $100.00 Girls Softball Queensland Heights 2009 Schools Sports Championships Association Chante Garcia - St Indoor Netball Challenge December Indoor Netball $100.00 Queensland Clair Shield 2009 NSW Nadine Condran - Junior Indoor Netball December Indoor Netball $100.00 Queensland Emu Plains Nationals 2009 NSW NSW Primary Michael Kerr - Australian Schools November $100.00 Queensland Schools Sports Emu Heights Softball Championships 2009 Association Rhianne Kerr - Australian U19 Women's $100.00 Melbourne January 2010 Softball NSW Emu Heights Softball Championships Recreation, Christopher Special Olympic National $150.00 Adelaide April 2010 Sports and Bunton - St Clair Games Aquatics Club Hayden Godbold - U18's Baseball National $100.00 Victoria January 2010 Baseball NSW South Penrith Tournament National Age Open Water Wizards Kirsten Duffy - $100.00 Swimming Victoria February 2010 Swimming Emu Plains Championships Club National Age Open Water Nepean Courtney Kenyon $100.00 Swimming Victoria February 2010 Swimming - Cranebrook Championships Club National Age Open Water Nepean Maddison Rohloff $100.00 Swimming Victoria February 2010 Swimming - Emu Heights Championships Club National Age Open Water RSL Brittanee Newman $100.00 Swimming Victoria February 2010 Swimming - Jamisontown Championships Club

Highlights of Results/Outcomes Achieved by Recipients At Council’s Ordinary Meeting of 23 July 2007 it was requested that details of results/outcomes gained by recipients of the travel assistance grant be reported. Based on the current information, which has been provided by the recipients of grants for the period October 2009 – March 2010, the following is a summary of results achieved:

th − Hannah Gunn placed 7 at the National Roller Skating Championships which were held on the Gold Coast during October 2009.

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− Taryn McCaffery – The NSW Touch Football Girl’s Primary School team finished second behind Queensland at the School Sports Australia 2009 Championships that were held in Adelaide during October 2009.

th − Brittanee Newman – Finished 26 in her age group at the Australian Age National Open Water Swimming Championships which were held at Nagambie Lake in Victoria during January 2010

RECOMMENDATION That the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel for the period October 2009 – March 2010 be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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22 Great River Walk Stage 7 Grant Application (2010)

Compiled by: Karin Schicht, Landscape - Architectural Services Supervisor Authorised by: Craig Ross, Major Projects Manager

Strategic Objective: Our public spaces encourage safe and healthy communities Strategic Direction: We have safe and well-maintained parks, that encourage healthy activity and community wellbeing

Executive Summary The 2010 round of funding under the Department of Planning's Metropolitan Greenspace Program was announced in March, with applications due by early May. The report seeks Council's endorsement to lodge a grant application for the Great River Walk Stage 7 (2010). Stage 7 focuses on pathworks along River Road Emu Plains. The report recommends the information contained in the report be received and that Council endorse the lodgement of the Stage 7 grant application.

Background The Great River Walk (GRW) is a significant initiative that Council has been supporting and pursuing for many years, through a range of funding sources including Council, State and Federal Government grants and private contributions. The project is part of Council’s Major Projects model, through which the funding and expenditure of significant multi-year projects are managed.

A major source of funding for the GRW has been the Metropolitan Greenspace Program (MGP), which focuses on creating a better balance between the needs of communities and conserving natural resources to deliver a high quality of life for Sydney residents. In 2010, the Department of Planning will provide over $2.4 million to councils in the Sydney metropolitan region, under the Program, on a dollar for dollar basis. The 2010 focus of the program is again to promote the planning and implementation of recreational trails in the Sydney region.

To date, Penrith City Council has received a total of $811,042 for the GRW, under the MGP grant program. Although eligible and complying, Council’s 2009 application for stage 7, along River Road, Emu Plains, was unsuccessful. The following table details the implementation of the GRW and the associated grant applications.

Stage Description MGP grant Status 1 Weir to Cassola Place $202,260 Grant application successful (incl. external and project complete contributions) 1a Top-up funds for stage 1 $165,000 Grant application successful and project complete 2 Log Cabin Hotel lookout $130,032 Grant application successful and other links (incl. and project complete external contributions)

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3 Signage, branding and $34,000 Grant application successful marketing plan (incl. and 95% complete external contributions) 4 West Bank (Design only) $63,250 Grant application successful from M4 to Victoria and 95% complete Bridge 5 The Missing Links $131,500 Grant application successful (Nepean Ave, Memorial and implementation 70% Ave, Weir Res. river’s complete edge) 6 West Bank phase 1– $85,000 Grant application successful River Rd pathworks and construction expected to commence June 2010 7 West Bank phase 2 – $560,000 Unsuccessful bid for $560,000 River Road pathworks in 2009. Grant re-application currently being prepared (the subject of this report).

The River Road Plan of Management was adopted by Council in January 2008 and the implementation planning for the GRW and the Plan of Management have been co-ordinated.

A lookout and steps on River Road at Hunter St Emu Plains and two river edge decks are being funded under Round 2 of the Federal Government’s Regional and Local Community Infrastructure Program. Detailed design has commenced and the completed structures will exist in isolation of the developed GRW until integrated with future staged west bank works.

Current Situation The Department of Planning requires the submission of grant applications for the 2010 MGP to be lodged by 3 May 2010. It is proposed to resubmit the 2009 Stage 7 application with some minor modifications, in particular a substitution of a heritage interpretation station (signage or public art) in lieu of a water’s edge deck in Regatta Park and general directional signage as proposed in 2009. Stage 7 (2010) will primarily involve construction implementation along River Road and is based on the designs and documentation prepared by consultants in Stage 4 (West Bank design).

The West Bank design comprises two key components: 1. 2.25 km of roadside shared pathway abutting new kerb and gutter, with improved connections to the mid-slope gravel path 2. Improvements to Regatta Park

Subject to confirmation of some costs and eligibility, the proposed scope of Stage 7 (2010) works is as follows: 1. Up to 1km of 2.5m wide shared pedestrian cycle path adjacent to new kerb and gutter along River Road, from the north heading south – includes special structural edge treatment and handrail due to embankment grades. This component is the bulk of the funds required and directly associated with the kerb and gutter works. 2. Bush regeneration and weed management, over two years 3. Landscaping associated with new shared path and establishment maintenance 4. Heritage interpretation station (signage or public art) including design / artist

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5. Promotional material dedicated to the GRW in Penrith including design and printing for brochure, a feature in Penrith Valley Experience and development of a webpage connected to Council’s website.

The expected value of these works is $560,000, the same value of works as the 2009 application.

Should this funding application be successful, the timing for construction will follow the continuity of kerb, gutter and drainage works on River Road (a City Works funded project, to be staged, commencing in 2009-10). It is expected successful grants will be determined in late 2010. As a condition of the grant, the project should be completed within 24 months.

Council’s matching contribution towards this project is as follows: 1. $175,000 is proposed from City Works’ 2011-12 budget for stage 2 of River Road kerb and gutter works 2. $40,000 has been secured from City Parks. This is an Enhanced Environmental Program (EEP) allocation for bush regeneration and weed management works along the River Road embankment (an action in the River Road Plan of Management). Allocation is for 2010-11 and 2011-12. By including this allocation in the grant application, the matching grant funds ($40,000) will be dedicated towards both extended bush regeneration / weed management works and general landscaping works. 3. $59,000 from the Section 94 District Open Space Plan. Should the funding from this Plan fail, it is proposed that the Department of Planning be contacted and the application modified to reduce the scope of works accordingly. 4. $6,000 from City Marketing towards map production and printing, for a new GRW webpage connected with Council and brochure.

Comments by Financial Services Manager Acceptance of this Grant will commit Council to matching contributions of up to $280,000. If the application is successful, the funds will be required in the 2011-12 financial year and it is proposed that this contribution could be funded by a combination of $175,000 through Council’s 2011-12 Kerb & Guttering program, $40,000 available in the Parks budget for bush regeneration over the next two years and $59,000 from the District Open Space Contributions Plan.

It is noted that the District Open Space Contributions Plan includes funding of a number of other high priority programs, including the Gipps Street development, and has a budgeted balance of $35,231 as at 30 June 2010. In addition there is some uncertainty around the future of this plan pending the outcome of the current review of developer contributions and an alternate source of funding may need to be identified should this plan no longer exist in its proposed format. However, as the funds are not required until 2011-12 it is suggested that the application should proceed and the funding source be further considered when the outcome of the application is known, prior to acceptance of the grant. By then the uncertainties around the Penrith District Open Space Contributions Plan should be resolved and Council will be better placed to consider the funding implications.

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Conclusion The MGP has supported the GRW in Penrith with grant funding since 2003. This stage will continue the GRW momentum achieved to date as well as demonstrate obvious interventions in line with the River Road Plan of Management. Whilst the final scope of works is yet to be confirmed, an MGP grant application for Stage 7 (2010) is able to be prepared and submitted for assessment.

RECOMMENDATION That: 1. The information contained in the report on Great River Walk Stage 7 Grant Application (2010) be received. 2. Council endorse the lodgement of the application for the 2010 Metropolitan Greenspace Program grant for the Great River Walk Stage 7 (2010).

ATTACHMENTS/APPENDICES There are no attachments for this report.

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23 Tender Reference 32-09/10 for the provision of Hired Plant and Equipment

Compiled by: Gowry Gowrythasan, Civil Operations Engineer Authorised by: Hans Meijer, City Works Manager

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs Strategic Direction: Council’s assets are based on ‘whole of life’ planning and costs

Executive Summary Tenders for the provision of Hired Plant and Equipment on an ‘as required’ basis were advertised on 8 December 2009 and closed on 12 January 2010. The current tender expires on 30 June 2010.

A total of 46 responses were received.

The tender received from Gav's Earthworx Pty Ltd was only for the provision of Tip Trucks. These were not on the published list of plant and are the subject of a separate tender.

The tenders received from Dinamo Pty Ltd and A & V Excavations Pty Ltd were incomplete, as the required equipment schedules were not submitted including the price schedules. Their tenders were determined to be invalid.

This report recommends that the remaining 43 Tenderers be included in the list of hired plant (separately enclosed for the information of Councillors) for a period of 2 years from 1 July 2010 with provision for rise and fall after the first 12 months.

The selected panel of approved Contractors will be engaged on an ‘as required’ basis and will be selected for individual works based on the criteria of price (including transport costs), availability, suitability for work, age and condition of plant and equipment and past performance.

Background Existing Supply Agreements for the provision of Hired Plant & Equipment expire on 30 June 2010.

Tenders were advertised in the Sydney Morning Herald, Penrith Press and the e-tendering web site on 8 December 2009 for the hire of plant and equipment for a two (2) year period on an ‘as required’ basis with allowances for rise and fall provisions. Tenders closed on Tuesday, 12 January 2010.

This tender was documented using the previous format that was prepared utilising the assistance of Council’s Legal Officer. Prices were requested for a variety of Plant and Equipment that will be required by Council to supplement its existing fleet and to cater for specific work applications to assist in the timely completion of Council’s work program.

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It was proposed in the tender documents that Council would publish a final list of suppliers for each category of plant included in the tender. These are to be ranked in order of preference and engaged to hire to Council on the basis of the best offer having regard to availability, cost, and suitability of plant/equipment and skill of operator. All requirements for the hire of plant & equipment will be on an ‘as required’ basis with no commitment to purchase any specific quantity over the period of the agreement.

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the items of plant indicating unit rates, age, capacity and transport rates.

The following categories of plant & equipment were included in the Tender Documents.

Plant & Equipment • Rollers • Excavators • Skid Steer Loaders • Back Hoe Loaders • Road Patching Plant (pressure application single axle) • Travel Towers • Water Carts • Cranes (up to 50 Tonne) • Portable Toilets • Trucks -Tilt Tray • Drain Cleaning Equipment including CCTV’s • Trench Support Equipment • Safety Fence Panelling • Loaders (wet & dry hire) • Graders (dry hire only) • Road Sweepers (wet & dry hire suction-broom type) • Rough Terrain drain cleaning/mowing equipment (spyder type) • Crowd Control Barriers • Non Destructive Digging equipment & Electronic service locations • Drag Boxes, Pre assembled Box Systems & sliding panel systems • Water Filled barriers • Steel Road plates • AC Road patching unit - Flowcon or similar • Variable Speed Message Boards (trailer mounted)

Tender Evaluation The Tender Evaluation Committee consisted of Keith Fryer (Works Coordinator- Construction), Mal Ackerman (Supply Coordinator) and Mark Berry (Supply Officer), with input provided by various Works Supervisors/Engineers from City Works.

The selection criteria advertised and used in selecting the successful tenderers were: • The ranking of hire rates for all plant and equipment offered in that sub-category • The age of the plant item offered • Features of the plant item and attachments offered

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• The rates and transport costs charged for the plant item • The previous performance/experience of the plant and equipment or operators • Occupational Health & Safety requirements.

All tenders received were assessed against these criteria.

Tenders Received A total of 46 submissions were received from the following respondents (in alphabetical order):

A & V Excavations Pty Ltd Action Cranes Pty Ltd Allards Plant Hire Pty Ltd Aqua Assets Pty Ltd Australian Grader Hire Barry Bros. Specialised Services Pty Ltd Centenary Cranes Pty Ltd CivworX Coates Hire Operations Pty Limited Cockerill Contracting Pty Ltd Conplant Pty Ltd Debner Cranes Pty Ltd Dinamo Pty Ltd Down Under Pipeline Surveys Pty Ltd E&B Tipper Hire Edson Tilt Tray Service Envirocivil Pty Ltd Everwilling Cranes Pty Ltd Gav's Earthworx Pty Ltd Groundforce Excavations & Earthmoving P/L Harley Cranes Pty Ltd J Fairall Earthmoving Pty Ltd Kennards Hire Pty Ltd Kingston Plant Hire Pty Ltd Level - N - Load Plant Hire Pty Ltd Mace Plant Hire Pty Ltd Maxhire Morag Bray & Noel Bray Mozaf Pty Ltd On Line Pipe & Cable Locating P & M Galea Pty Ltd Penrith City Cranes Pty Ltd Premiair Compressor Services Pty Ltd Trading as Premiair Hire R D Works Pty Ltd Raygal Pty Ltd Road Construction SBH Australia Pty Limited Sharpe Bros (Aust) Pty Ltd Spyder Excavations Pty Ltd

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Stanton Corporation Pty Ltd SydneyWide Pipe Cleaning Pty Ltd The Watercart Specialists Pty Ltd Total Drain Cleaning Services Pty Ltd Transpacific Industrial Solutions Pty Ltd Tresfold Pty Ltd Veolia Water Network Services

The submission received from Gav's Earthworx Pty Ltd was only for the provision of Tip Trucks. These were not on the published list of plant and are the subject of a separate tender.

The tenders received from Dinamo Pty Ltd and A & V Excavations Pty Ltd were incomplete as the required equipment schedules were not submitted including the price schedules. Their tenders were determined to be invalid.

The remaining tenderers (43) all complied with the evaluation criteria and have a proven industry record. The majority of the remaining tenderers are based in Western Sydney.

Each tenderer was required to provide hire rates for various circumstances of hire with and without operator and for floatage/transport. The tenders received were sorted into the categories as previously listed.

Due to the wide range of items hired by Council, all conforming tenders should be accepted and the supplier with the required equipment meeting the selection criteria will be utilised as and when required. All tenderers accepted will be given a copy of the Plant Hire Index for the category of machine tendered by them showing the priority listing in order of price of all machines and equipment tendered in that category.

The Plant Hire Index is separately enclosed for the information of Councillors. Each category has plant and equipment items sorted into a priority listing in order of price.

The determination of which company is offered the work will be documented by Council’s staff prior to each engagement, which will take into account the rate (hourly, daily etc), availability, past performances, suitability for work, age and condition of the plant and equipment and the transport costs of the preferred plant.

There were no submissions for the provision of Road Patching Plant (pressure application single axle). If required, separate quotations will be sought for this item.

Tender Advisory Group Comments

The Council’s Group Manager ~ Legal and Governance, Stephen Britten and the Acting Executive Officer ~ Glenn Schuil met to discuss the tender. The proposed recommendation does not necessarily exclude any company. We have asked how the process of selecting a preferred company will work in practice and this is detailed within the report. Based on the information available, we support the recommendations made within the report.

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RECOMMENDATION That: 1. The information contained in the report on Tender Reference 32-09/10 for the provision of Hired Plant and Equipment be received. 2. The tenders received from Action Cranes Pty Ltd, Allards Plant Hire Pty Ltd, Aqua Assets Pty Ltd, Australian Grader Hire, Barry Bros. Specialised Services Pty Ltd, Centenary Cranes Pty Ltd, CivworX, Coates Hire Operations Pty Limited, Cockerill Contracting Pty Ltd, Conplant Pty Ltd, Debner Cranes Pty Ltd, Down Under Pipeline Surveys Pty Ltd, E&B Tipper Hire, Edson Tilt Tray Service, Envirocivil Pty Ltd, Everwilling Cranes Pty Ltd, Groundforce Excavations & Earthmoving P/L, Harley Cranes Pty Ltd, J Fairall Earthmoving Pty Ltd, Kennards Hire Pty Ltd, Kingston Plant Hire Pty Ltd, Level - N - Load Plant Hire Pty Ltd, Mace Plant Hire Pty Ltd, Maxhire , Morag Bray & Noel Bray, Mozaf Pty Ltd, On Line Pipe & Cable Locating, P & M Galea Pty Ltd, Penrith City Cranes Pty Ltd, Premiair Compressor Services Pty Ltd Trading as Premiair Hire, R D Works Pty Ltd, Raygal Pty Ltd, Road Construction, SBH Australia Pty Limited, Sharpe Bros (Aust) Pty Ltd, Spyder Excavations Pty Ltd, Stanton Corporation Pty Ltd, SydneyWide Pipe Cleaning Pty Ltd, The Watercart Specialists Pty Ltd, Total Drain Cleaning Services Pty Ltd, Transpacific Industrial Solutions Pty Ltd, Tresfold Pty Ltd and Veolia Water Network Services for offer to hire plant and equipment be accepted for a period of twenty four (24) months commencing 1 July 2010 and the tenderer with the required equipment meeting the selection criteria of price (including transport costs), availability, suitability for work, age and condition of plant and equipment and past performance be hired as and when required.

ATTACHMENTS/APPENDICES There are no attachments for this report

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A VIBRANT CITY

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

COMMITTEE OF THE WHOLE

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday April 19 2010

Item Page

1 Presence of the Public 1

2 Commercial Matter - Leasing of Part of Council Depot at 44-59 Copeland Street, Kingswood to Great Community Transport Incorporated 2

URGENT

3 Commercial Matter - Organics Processing/Treatment Contract 2

4 Penrith Recycled Water Scheme Stage 2 3

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1 Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed below; or (b) the receipt or discussion of any of the information so listed. The matters and information are the following:

(a) personnel matters concerning particular individuals; (b) the personal hardship of any resident or ratepayers; (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; (d) commercial information of a confidential nature that would, if disclosed:

• prejudice the commercial position of the person who supplied it; or

• confer a commercial advantage on a competitor of the Council; or

• reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of the law; (f) matters affecting the security of the Council, Councillors, Council staff or Council property; (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. The grounds must specify the following: (a) the relevant provision of section 10A(2); (b) the matter that is to be discussed during the closed part of the meeting; (c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a

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trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

• a motion, based on the recommendation below, is moved and seconded • the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

• if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

• if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

RECOMMENDATION

That:

A Leading City

2 Commercial Matter - Leasing of Part of Council Depot at 44-59 Copeland Street, Kingswood to Great Community Transport Incorporated 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.

A Green City

3 Commercial Matter - Organics Processing/Treatment Contract 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.

Corporate Governance Page 2 Ordinary Meeting 19 April 2010 A Leading City

4 Penrith Recycled Water Scheme Stage 2 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.

Corporate Governance Page 3

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ATTACHMENTS

Date of Meeting: Monday 19 April 2010 Delivery Program: A Green City Issue: We use our resources wisely, and take responsibility for our levels of consumption Report Title: Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith Attachments: Plans

Ordinary Meeting 19 April 2010 Attachment 1 - Plans

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ATTACHMENT

Date of Meeting: 19 April 2010

Delivery Program: A Leading City

Program: Corporate Finance

Report Title: 2009-2010 Voted Works