30 November 2009 at 7:30PM

27 November 2009

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 30 November 2009 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 - 9 November 2009.

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

8. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Policy Review Committee Meeting - 16 November 2009.

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

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.

ORDINARY MEETING

MONDAY 30 NOVEMBER 2009

TABLE OF CONTENTS

SEATING ARRANGEMENTS

MEETING CALENDAR

CONFIRMATION OF MINUTES

REPORT AND RECOMMENDATIONS OF COMMITTEES

DELIVERY PROGRAM REPORTS

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

2009 MEETING CALENDAR February 2009 - December 2009 (adopted by Council 8/09/08 and amended by Council 6/4/09)

FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TIME Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon

2 6 4 20 3 7 12 9 14 Ordinary Council Meetings 7.30 pm 23 23 25 29* 24 28^ 30

9 15 13 14@ 19 7 Policy Review Committee 7.30 pm 16#+ 30@ 27 18# 27 17 21 16#

# MEETINGS AT WHICH THE MANAGEMENT PLAN 1/4LY REVIEWS ARE ^ ELECTION OF MAYOR/DEPUTY MAYOR (MEETING TO COMMENCE AT 7:00 PRESENTED PM) < BRIEFING TO CONSIDER DRAFT MANAGEMENT PLAN FOR 2009/2010 @ STRATEGIC PROGRAM PROGRESS REPORTS [ONLY BUSINESS] MEETING AT WHICH THE DRAFT MANAGEMENT PLAN IS ADOPTED FOR MEETING AT WHICH THE 2008/2009 ANNUAL STATEMENTS ARE EXHIBITION PRESENTED * MEETING AT WHICH THE MANAGEMENT PLAN FOR 2009/2010 IS ADOPTED. MANAGEMENT PLAN COUNCILLOR BRIEFINGS/PUBLIC FORUM (JUNE)

- Council’s Ordinary Meetings are held on a three-week cycle where practicable. - Extraordinary Meetings are held as required. - Policy Review Meetings are held on a three-week cycle where practicable. - 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 Public Officer, Glenn McCarthy on 4732 7649.

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 9 NOVEMBER 2009 AT 7:40PM

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 Jim Aitken OAM, 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.

APOLOGIES There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 12 October 2009 354 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 12 October 2009 be confirmed.

DECLARATIONS OF INTEREST His Worship the Mayor Councillor Kevin Crameri OAM declared:

a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 - Chapters 1, 2 and 3 as he owns property in an area covered by the report. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part during discussion on the item.

a Non-Pecuniary Conflict of Interest – Significant in relation to recommendation number 10 of Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition in regard to the Llandilo fruit and vegetable store, as the operators of the shop are an acquaintance of his and any development of the shop could increase the value of his land. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part in the debate and discussion on the item.

This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Councillor Jim Aitken OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as he owns property in an area covered by the reports.

Councillor Jim Aitken OAM also declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 17- Council Property – Cranebrook Village Shopping Centre and CW 6 - Commercial Matter - Council property Cranebrook Village Shopping Centre as he is a Director of a company that leases a shop within the shopping centre.

Councillor Jackie Greenow declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition – Chapter 5 and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as she owns property in an area covered by the reports.

Councillor Ross Fowler OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2, 3, 4 & 5 as he is a property owner or a shareholder in a property; a director or secretary of companies that are property owners; or an auditor or accountant for clients who are property owners in the areas under consideration.

Councillor Ross Fowler OAM also declared a Pecuniary Interest in Item 16 - Sponsorship Request for Australian Foundation for Disability Funathon as he is a Director of the Australian Foundation for Disability.

Councillor Ben Goldfinch declared a Pecuniary Conflict of Interest –in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2, 3, 4 & 5 as he has relatives who own property in the areas covered by the report. Councillor Ben Goldfinch stated he would leave the meeting and take no part during discussion on these Chapters in the item.

Councillor Ben Goldfinch also declared a Pecuniary Interest in Item 13 - Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd; Owner: Pipven Pty Ltd as the Harvey Norman Store (owned by Calardu Pty Ltd) has ordered insulation from a competitor of his business interests.

Councillor Marko Malkoc declared a Pecuniary Conflict of Interest – in Report and

This is Page No 2 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2 and 3 as his Uncle owns land in the Capitol Hill Estate.

Councillor Robert Ardill declared a Non-Pecuniary Conflict of Interest – Less than Significant in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Confidential Business Item 3 - Legal Matter - Class 4 Legal Proceedings - Development Application 08/1288 Chemist Warehouse - Shop 230 Patty's Place, Jamisontown as he works in the pharmaceutical industry and is required to make contact with his clients in this industry as a part of his employment.

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park as she is a user of the carpark.

Councillor Greg Davies declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition specifically Chapter 5and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation – specifically Submission No 401 in Chapter 5 (Heritage listing – 16 & 18 Pages Road, St Marys), as he had exchanged voting preferences with one of the property owners at the last Penrith City Council local government election.

Councillor Kaylene Allison declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition specifically chapter 5 and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as she had exchanged preferences with one of the property owners at the last local government election. Councillor Allison also declared a pecuniary interest in Chapters 1,2 and 3 of Item 1 as her Uncle owns land in Kemps Creek.

SUSPENSION OF STANDING ORDERS 355 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:47 pm.

Procedural Motion – as Mr Sims’ submission had not been received by relevant Council Officers. 356 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that Mr Paul Sims be permitted to address Council on Item 12 – Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd; Owner: SITA Australia Pty Ltd DA08/0958I at the conclusion of Mr John Mullane’s address.

This is Page No 3 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Mr John Mullane

Item 12 – Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd; Owner: SITA Australia Pty Ltd DA08/0958

Mr Mullane, the applicant’s consultant, spoke in support of the proposed development, stating that resident concerns regarding screening would be adequately addressed by SITA’s undertaking to construct a timber fence on top of the existing mound on the site, as well as planting of additional shrubs and trees on the southern side of the mound. Mr Mullane also stated that the landfill operation closest to concerned residents would be completed within 6- 12 months.

Mr Paul Sims

Mr Sims, an affected resident, spoke in opposition to the proposed alterations on the grounds of inadequacy of the proposed vegetated bund walls to sufficiently screen the direct views of the landfill activities of the development. Mr Sims also requested that an additional condition be placed on the development, requesting that sufficient screening be installed within 6-12 months. Mr Sims conveyed his appreciation for efforts of Council and staff in arranging mediation in this regard and acknowledged the participation and co-operation of the applicant in this regard.

Ms Felicity Rourke

Item 13 – Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd; Owner: Pipven Pty Ltd DA09/0746

Ms Rourke, spokesperson for the applicant, spoke in support of the proposal, and stated that amendments have been made to the previous application to minimise the impact of the proposed development in terms of traffic, economic and visual impact. Ms Rourke also outlined the potential economic and social benefits of the proposed development associated with the expansion within this designated regional bulky goods precinct and stated that it would be in the public interest to approve the proposal.

This is Page No 4 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Mr Dan Brindle

Mr Brindle, representing an objector, spoke in opposition to the proposed development, stating that it would have an adverse impact on the adjoining Homemaker Centre, resulting in the Centre not being able to operate in accordance with its consent. Mr Brindle stated that the development would have adverse impacts on traffic and pedestrian safety along the southern boundary, as well as resulting in a loss of accessible car parking spaces.

357 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that an extension of time be granted to Mr Brindle, the time being 8:07 pm.

Mr Brindle concluded by seeking Council’s deferral of this matter to consider options for boundary conditions. Mr Brindle also proposed that a different design would be more appropriate and would work better without causing disruption to neighbouring properties.

Mr Tim Atkins

Item 17 – Council Property - Cranebrook Village Shopping Centre

Mr Atkins, representing the Benjamin Group, spoke in opposition of the recommendation, requesting that the Benjamin Group be appointed as the successful tenderer for this proposal. Mr Atkins outlined the advantages of the Benjamin Group’s tender and stated that it would provide Council and the community with the best value for money, the highest financial outcome and ensure that the tender objectives are met. Mr Atkins concluded by seeking appointment as the preferred Tenderer for this project.

Ms Sharon Weston

Item 18 – Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia; Owner: Kieu To and Thi Noh Pham DA08/0395

Ms Weston, an affected neighbour, spoke in opposition to the proposed development, in particular raising concerns in regard to the type of fencing proposed for the boundary with her property, citing maintenance reasons. Ms Weston also expressed concerns related to noise issues with the number of children proposed to be attending the Centre, as well as stormwater and drainage issues.

This is Page No 5 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Mr Keith Hawkins

Mr Hawkins, an affected person, spoke in opposition to the proposed development. Mr Hawkins raised concerns regarding issues with provision of reticulated sewer, stormwater, noise, and parking issues associated with dropping off and picking up children. Mr Hawkins also expressed his concerns over the large scale of the development, and stated that it was not in keeping with the rural environment of the area.

RESUMPTION OF STANDING ORDERS 358 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that Standing Orders be resumed, the time being 8:29 pm.

MAYORAL MINUTES

1 Ripples awarded for excellence Councillor Tanya Davies left the meeting, the time being 8:34 pm.

359 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the Mayoral Minute on Ripples awarded for excellence be received.

Councillor Tanya Davies returned to the meeting, the time being 8:36 pm.

3 Wall Hanging Exchange Commemorates Anniversary of Penrith City 360 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that the Mayoral Minute on Wall Hanging Exchange Commemorates Anniversary of Penrith City be received.

2 Past Mayors and General Managers come together for forum 361 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Past Mayors and General Managers come together for forum be received, and that a letter of thanks be forwarded to John Bateman for his initiative for this Forum.

This is Page No 6 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

REPORTS OF COMMITTEES

1 Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 30 September 2009 362 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 30 September, 2009 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 7 October 2009 363 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 7 October, 2009 be adopted. Councillor Greenow expressed her appreciation to the members of the Access Committee and the Council officers that supported the Committee during the last meeting, which resulted in the meeting being held efficiently.

3 Report and Recommendations of the Local Traffic Committee Meeting held on 12 October 2009 364 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 12 October, 2009 be adopted.

Councillor Jim Aitken OAM requested that a letter of thanks be issued to all members of the Local Traffic Committee for their ongoing commitment to the Committee.

4 Report and Recommendations of the Policy Review Committee meeting held on 19 October, 2009 365 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 October, 2009 be adopted.

Having previously declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 Councillors Jim Aitken OAM, Ross Fowler OAM, Kaylene Allison, Ben Goldfinch, Marko Malkoc and Jackie Greenow left the meeting, the time being 8:47 pm. His Worship the Mayor, Councillor Kevin Crameri OAM, called for nominations from Councillors to Chair the meeting for consideration of Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009.

This is Page No 7 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Having previously declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 His Worship the Mayor, Councillor Kevin Crameri OAM vacated the Chair and left the meeting, the time being 8:48 pm.

366 RESOLVED on the MOTION of Councillor Greg Davies seconded Karen McKeown that Councillor John Thain chair the meeting at this point, the time being 8:48 pm.

5 Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009

Councillor John Thain then took the Chair for consideration of Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 with the exception of Item 1- Chapter 5, Item 2 and Item 3 of the Confidential Business.

367 RESOLVED on the MOTION of Councillors Kath Presdee seconded Councillor Mark Davies that, in regard to pg 37, submission 455: Recommendation 2 be amended to read: “the land to the north of the flood planning level be deferred to LEP 2010 Stage 2”. Recommendation 3 be amended to read: “The flood planning level for the property as a whole be determined with reference to the cumulative flood study and modelling currently being undertaken by Hydraulic Engineers, Worley Parsons.”

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

For Against Councillor Prue Guillaume Councillor Karen McKeown Councillor Kath Presdee Councillor Greg Davies Councillor Robert Ardill Councillor Mark Davies Councillor Tanya Davies Councillor Ben Goldfinch

368 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that on page 34, in respect of the Dunheved High Explosives Conservation Area, recommendations 1 and 2 be substituted with the following: “1. Council does not support the inclusion of the land within what was described as the ‘Dunheved High Explosives Heritage Conservation Area’ in Schedule 5 and the related maps of Draft Penrith Local Environmental Plan 2008.

2. The land referred to in Item 1 above be retained in draft Penrith Local Environmental Plan 2008 for the purpose of defining all other zoning provisions and planning controls.”

This is Page No 8 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

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

369 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that on page 43, in respect of the Penrith Commuter Carpark, recommendation 2 be deleted and the following inserted:

“That Council endorse a fresh tender process (with an open tender) for the Penrith Commuter Carpark project, and that Council not continue with the previous selective tender process as resolved at the Ordinary Council Meeting held on 12 October 2009.”

370 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 be adopted, with the exception of Chapter 5 of Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition, Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition and Item 3 of Confidential Business – Legal Matter – Class 4 Legal Proceedings – Development Application 08/1288 Chemist Warehouse – Shop 230 Patty’s Place, Jamisontown.

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

His Worship the Mayor, Councillor Kevin Crameri OAM and Councillor Marko Malkoc returned to the meeting, the time being 8:56 pm.

Councillor Greg Davies left the meeting, the time being 8:56 pm.

This is Page No 9 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Councillor John Thain then vacated the Chair and His Worship the Mayor, Councillor Kevin Crameri OAM returned to the Chair at 8:56 pm.

371 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee that Item 1 (Chapter 5) - Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition, Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition (Chapter 5) and Item 3 of Confidential Business – Legal Matter – Class 4 Legal Proceedings – Development Application 08/1288 Chemist Warehouse – Shop 230 Patty’s Place, Jamisontown. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For Against Councillor Prue Guillaume Councillor Karen McKeown Councillor Kath Presdee Councillor John Thain Councillor Robert Ardill Councillor Mark Davies Councillor Tanya Davies Councillor Marko Malkoc

Councillors Jackie Greenow, Kaylene Allison, Jim Aitken OAM, Ben Goldfinch and Ross Fowler OAM returned to the meeting, the time being 8:58 pm.

Procedural Motion 372 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the order of business be amended as follows: • Item 15 be considered before Item 11 • Item 17 be considered after Item CW6 • Item 18 be considered after Item CW5 • Item 13 be referred to Committee of the Whole and then be considered after Confidential Business has been concluded.

This is Page No 10 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

DELIVERY PROGRAM REPORTS

A LEADING CITY

1 Council Property - Lease of Land in Harris Street, North St Marys to Transport Infrastructure Development Corporation for the Purpose of a Multi Deck Car Park 373 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies That: 1. The information contained in the report on Council Property - Lease of Land in Harris Street, North St Marys to Transport Infrastructure Development Corporation for the Purpose of a Multi Deck Car Park be received. 2. Council agree to the lease of the existing car park located at 32-52 Harris Street North St Marys described as Lot A DP152452, Lot B DP152452, Lot C DP152452, Lot 1 DP1127305, Lot 2 DP1127305, Lot 195 DP 31912 and adjacent roadway to Transport Infrastructure Development Corporation at a rental figure of $1.00 per annum plus GST. 3. Transport Infrastructure Development Corporation agree to a Sublease with Council over part Lot A DP152452 for a leased premises at a rental figure of $1.00 per annum plus GST. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

2 Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park 374 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park be received. 2. Council agree to the lease of the existing car park located at 88-90 Victoria Street described as Part Lot 2 DP730041, Lot 1 DP913274 and Lot 1 DP114508 to Transport Infrastructure Development Corporation at a rental figure of $1.00 per annum plus GST. 3. The Common Seal of The Council of The City of Penrith be placed on all necessary documentation.

This is Page No 11 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

3 Council Meeting Calendar for 2010 Councillor John Thain left the meeting, the time being 9:02 pm. 375 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies That: 1. The information contained in the report on Council Meeting Calendar for 2010 be received. 2. The draft Meeting Calendar for 2010 be adopted, with the following amendment – the Ordinary Meeting scheduled for 17 May 2010 now be held on 24 May 2010.

4 2009 Local Government Association Annual Conference 376 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies That: 1. The information contained in the report on 2009 Local Government Association Annual Conference be received. 2. Council write to the President of the Local Government and Shires Associations expressing concerns of media reports that Motion 150 from the Conference was in some way connected to the hypothecation of landfill levies.

5 Regional and Local Community Infrastructure Program Round 2 2009- 10: Council's Allocation of $721,000 Councillor John Thain returned to the meeting, the time being 9:06 pm. 377 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Greg Davies That: 1. The information contained in the report on Regional and Local Community Infrastructure Program Round 2 2009-10: Council's Allocation of $721,000 be received. 2. Council endorse the preparation and submission of six projects for the RLCIP: Berkshire Park Hall Precinct $219,000; New and Replacement Park Play Equipment Program $145,000; Great River Walk Decks $75,000; Werrington Downs Fitness Trail Construction $60,000; Children’s Services Playground Upgrades $140,000. 3. Council endorse the preparation and submission of two projects as additional nominations to the RLCIP: New and Replacement Play Equipment $100,000; Great River Walk Deck and Steps $135,000. 4. A memo be sent to all Councillors outlining what seating has been supplied in parks where there is play equipment.

This is Page No 12 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

6 Summary of Investments & Banking from 1 September 2009 to 30 September 2009 378 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies That: 1. The information contained in the report on Summary of Investments & Banking from 1 September 2009 to 30 September 2009 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2009 to 30 September 2009 be noted and accepted. 3. The graphical investment analysis as at 30 September 2009 be noted. 4. The Agency Collection Methods as at 30 September 2009 be noted

A CITY OF OPPORTUNITIES

7 Community Builders Funding Program (formerly known as Western Sydney Area Assistance Scheme) 379 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jackie Greenow That:

1. The information contained in the report on Community Builders Funding Program (formerly known as Western Sydney Area Assistance Scheme) be received.

2. Councillors Tanya Davies and Prue Guillaume be acknowledged and thanked for their contribution to the 2008/09 WSAAS Local Ranking Committee.

3. Council write to the relevant Minister concerning the Community Builders Funding Program expressing concern that the State Labor government excludes local representatives and Councillors from the process, and requesting the reinstatement of the previous structure which includes the input of local representatives and councillors.

4. Council write to Local Members of Parliament seeking their support and directly lobby the responsible Minister in this matter.

This is Page No 13 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

8 Glenmore Park Child and Family Centre - Operational Matters 380 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Glenmore Park Child and Family Centre - Operational Matters be received. 2. The proposed fees and charges in the attachments be endorsed for public exhibition. 3. A further report be presented to the Council after the public exhibition period presenting any public submissions received.

A LIVEABLE CITY

15 Penrith Park and Howell Oval Redevelopment 381 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the information contained in the report on Penrith Park and Howell Oval Redevelopment be received.

A GREEN CITY

11 Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith District Rugby League Football Club Ltd; Owner: Department of Land and Water Conservation DA09/0747 382 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received. 2. Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received be approved subject to the following conditions: Standard Conditions 2.1 A001 Approved plans A008 Works to BCA requirements A012 Food shop A019 Occupation Certificate A026 Advertising signs A039 Graffiti

This is Page No 14 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

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 D005 No filling without prior approval 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 E01A BCA compliance (Class 2-9) E002 BCA issues to be addressed E006 Disabled access and facilities E009 Annual fire safety F001 Food shop construction and plans 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 H041 Hours of construction work 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

This is Page No 15 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

L012 Retain and maintain existing landscaping P001 Costs P002 Fees associated with Council land Q001 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) All buildings within the complex should be fitted with a back-to-base alarm monitoring system. (b) A closed-circuit television (CCTV) system should be installed with coverage provided to key areas within the complex, including entry/exit points and ticket booths. (c) All doors and windows within the complex should be fitted with appropriate security locks and fittings to restrict access to unauthorised persons. (d) Toilet facilities should be securely locked when not in use. (e) Entrances to toilet blocks should be highly visible with minimal screening to avoid potential entrapment and/or concealment opportunities. (f) Toilet cubicle doors should open outward to allow access in an emergency. Doors should also have spring-opening hinges to allow doors to remain open when not in use. (g) The rear of toilet doors should have hooks located half-way down the door to ensure that handbags cannot be accessed over the top of the door. (h) There should be a gap between toilet doors and the floor and between toilet doors and the ceiling. (i) The creation of areas where items such as drug paraphernalia can be hidden should be avoided (e.g. suspended ceilings). (j) Toilet fittings should be flush with walls to avoid tampering or stashing of items. (k) All areas within the complex should be well lit in accordance with relevant Australian Standards. (l) All lighting should be vandal resistant where practical. (m) Lighting should be consistent to reduce contrast between shadows and illuminated areas. (n) Lighting should be contained within the property boundary and no light should be projected upwards. (o) In order to improve surveillance, provide clear lines of sight and

This is Page No 16 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

avoid concealment areas in public areas, dense vegetation and shrubs with top to bottom foliage should be avoided. (p) Graffiti resistant paints/surfaces should be used on the external surfaces of the development to minimise opportunities for graffiti and vandalism. (q) Sturdy, vandal resistant materials should be used for fixtures such as lighting, seating and bins to reduce the risk for graffiti. (r) Any graffiti or malicious damage to the building should be reported to the Police and removed rapidly to discourage repeat incidents. 2.3 In order to ensure that the “green facade” to the southern elevation of the southern football pavilion achieves the necessary growth and vigour to reduce the visual impact of the building and to aid as a barrier to graffiti and vandalism, details of the proposed climber vine species and a maintenance plan shall be submitted and approved prior to the issue of the Construction Certificate. 2.4 Each of the recommendations relating to the development contained in the Access Review dated 30 July 2009 prepared by Morris-Goding Accessibility Consulting shall be incorporated into the Construction Certificate plans for the development. Certification from a suitably qualified accessibility consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of the Occupation Certificate. 2.5 Signage visible to patrons arriving at the southern entry to Penrith Stadium shall be erected advising that “accessible seating is not available from this entrance”. 2.6 Each of the recommendations contained in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management shall be implemented at the relevant stages of the development works. Leaf mulch shall be applied at 75mm thickness in tree protection areas. 2.7 Approval is granted for the removal of Trees 1, 2 and 3 as identified in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management. Super advanced mature replacement trees shall be planted in this location prior to the issue of the Occupation Certificate. Trees 4, 5 and 6 shall be retained and protected. 2.8 No construction activities, including the storage of materials or parking of vehicles, are to be carried out under the canopy of any existing trees to be retained on the site. 2.9 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. 2.10 Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details

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for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004. 2.11 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works: (a) Stormwater drainage. 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. 2.12 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. 2.13 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. 2.14 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised. 2.15 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. 2.16 All filling shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Australian Standard 3798. 2.17 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. 2.18 Prior to the issue of the 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.

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2.19 The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed. 2.20 The Food Handling Guidelines for Temporary Events must be complied with for all temporary food stalls. 2.21 An inspection from Council’s Environmental Health Department will be required prior to the operation of the development. The proprietor shall contact the Environmental Health Department at the appropriate time to organise an appointment for the inspection. 2.22 Details of the proposed perimeter fence re-alignment shall be submitted and approved prior to the issue of the Construction Certificate. 3. The individual 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:

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

9 Landcare Mobilemuster grant 383 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Landcare Mobilemuster grant be received. 2. Grant funding of $20,000 offered to Penrith City Council by Landcare Mobilemuster grant be accepted. 3. Council write to Landcare Mobilemuster accepting the grant and its conditions and thanking them for the opportunity to access important environmental funding.

This is Page No 19 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

10 Waste and Sustainability Improvement Payments 384 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies That: 1. The information contained in the report on Waste and Sustainability Improvement Payments be received. 2. The projects developed in this report be submitted to the Department of Environment, Climate Change and Water as identified projects that be funded from the Waste and Sustainability Improvement Payments. 3. Unexpended funding of $277,951 be transferred to a reserve for use in future years projects, together with additional Waste and Sustainability Improvement Payments received. 4. The unexpended funding, if eligible, be placed in the Sustainability Revolving Fund. 5. Council receive an update of the status of the Revolving Fund including money added and expended to the Fund.

12 Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd; Owner: SITA Australia Pty Ltd DA08/0958

Councillor Mark Davies left the meeting, the time being 9:25 pm.

385 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek be received 2. Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek be approved subject to the following: 2.1 Amended Condition No 6 to read:

Development is to take place as specified within the Environmental Impact Statement prepared on behalf of the applicant by R W Corkery and Co Pty Ltd and Planners North Pty Ltd and submitted to Council as part of the development application on Council's file D25050/13602 DA 2 except where amended or altered by these

This is Page No 20 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

conditions or the Landfill Environmental Management Plan dated 1 January 1998 defined in EPA licence No 004585 dated 11 October 2000 as approved by Council in the modification of this consent or Drawing No. 21-17412-C005, dated 08.05.08 prepared by GHD and entitled “Proposed Landfill Contours Increase of Depth of Fill over DA Contours” or as directed otherwise by Council from time to time

2.2 Insert the following Special conditions:

2.2.1 The proposal is to operate in accordance with the license issued by the Department of Environment, Climate Change and Water at all times

Construction of a timber fence on top of the existing earth bund along the southern boundary in accordance with the plan stamped and approved with the section 96 application. The fence height is to be either 1.8m or 2.0m following discussions with the adjoining property owner to the south. The fence is to be constructed within 2 months from the date of the approved granted for the section 96 application.

Suitable landscaping is to be planted along the southern side of the bund wall along the southern property boundary in the vicinity of the timber fence required by the above condition. The species are to be similar to the other planting undertaken on the northern side of the bund wall. The landscaping is to be maintained at all times and any plantings that dies are to be replaced.

2.2.2 The landfill operation adjacent to Lot 1 DP 240718, 1783 Elizabeth Drive, Badgerys Creek should be completed with 12 months from the date of this modification. The area will then be capped in accordance with the modification consent and the Landfill Environmental Management Plan.

3. The applicant and those making a submission be informed of Council’s decision. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For Against Councillor Jim Aitken OAM Councillor Kaylene Allison Councillor Robert Ardill Councillor Kevin Crameri OAM Councillor Greg Davies Councillor Tanya Davies Councillor Ross Fowler OAM Councillor Ben Goldfinch

This is Page No 21 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Councillor Jackie Greenow Councillor Prue Guillaume Councillor Marko Malkoc Councillor Karen McKeown Councillor Kath Presdee Councillor John Thain

A LIVEABLE CITY

14 Proposed Fees and Charges - St Marys Memorial Hall 386 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Proposed Fees and Charges - St Marys Memorial Hall be received. 2. The proposed fees and charges in the attachments be endorsed for public exhibition. 3. A further report be presented to Council after the public exhibition period presenting any public submissions received.

A VIBRANT CITY

Having previously declared a Pecuniary Interest in Item 16 Sponsorship Request for Australian Foundation for Disability Funathon Councillor Ross Fowler OAM left the meeting, the time being 9:28 pm.

16 Sponsorship Request for Australian Foundation for Disability Funathon 387 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Robert Ardill That: 1. The information contained in the report on Sponsorship Request for Australian Foundation for Disability Funathon be received; 2. Council approve providing sponsorship of $5,000 from the City Marketing and Sponsorship budget to the Australian Foundation for Disability for the Funathon Event on 13 November 2009.

Councillor Ross Fowler OAM returned to the meeting, the time being 9:30 pm.

This is Page No 22 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

QUESTIONS WITHOUT NOTICE

QWN 1 Charity Trivia Night Councillor Marko Malkoc requested that an amount of $400 (to be contributed equally from South, North and East Ward voted works) be allocated to the hire of the Harold Corr Hall, for the Charity Trivia Night being held on 20 November 2009 for fundraising to train an Autism Assistance Dog. 388 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

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

389 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that an amount of $400 (to be contributed equally from South, North and East Ward voted works) be allocated to the hire of the Harold Corr Hall, for the Charity Trivia Night being held on 20 November 2009 for fundraising to train an Autism Assistance Dog.

QWN 2 Autism Assistance Dogs Councillor Jim Aitken OAM requested a report to Council investigating whether Autism Assistance Dogs have the same rights as Guide Dogs for the Blind.

QWN 3 Provision of Park Benches and Shade Trees at Playgrounds Councillor Tanya Davies requested a report to Council detailing the costs and plans by Council to support the provision of park benches and shade trees at all Council owned playgrounds throughout the City, both existing and new.

Councillor Mark Davies returned to the meeting, the time being 9:32 pm.

QWN 4 Active Councillor Request List Councillor Tanya Davies requested a memo reply detailing the criteria for Councillor Requests to be included on the Active Councillor Requests report. Councillor Davies indicated that the report did not contain a number of issues that she considered had not been finalised.

QWN 5 Donation for CWA Wall Hanging Councillor Ross Fowler OAM requested that an amount of $450 (to be contributed equally from South, North and East Ward voted works) be allocated to the CWA to cover the cost of the wall hanging donated to Council.

390 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor This is Page No 23 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

John Thain that the matter be brought forward and dealt with as a matter of urgency.

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

391 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that an amount of $450 (to be contributed equally from South, North and East Ward voted works) be allocated to the CWA to cover the cost of the wall hanging donated to Council.

QWN 6 Sensor to detect Graffiti Councillor Jim Aitken OAM requested a memo reply addressing the possibility of placing graffiti sensors in graffiti trouble spots around the City, so that this activity may be detected by Police or security.

QWN 7 Parking - Coles, St Marys Councillor Jackie Greenow requested a memo reply concerning parking issues outside Coles in Phillip Street, St Marys and noting that the Post Box has been removed, but the No Stopping/Parking sign has remained.

QWN 8 Victoria Park, St Marys Councillor Jackie Greenow requested a memo reply on the possibility of providing seating in Victoria Park, St Marys along Pages Road.

QWN 9 Commendation of Staff Councillor Greg Davies commended City Works Manager, Hans Meijer, and his staff for their prompt attention to an elderly resident’s request for the trimming of a number of trees in St Clair.

QWN 10 Thanking Council Staff Councillor Karen McKeown thanked the Council staff from the Public Domain Amenity & Safety Department for their efforts in cleaning up the roadside along Mulgoa Road up to Mulgoa Park where rubbish had been dumped along the way.

QWN 11 McDonalds McHappy Day - Saturday 14 November 2009 Councillor Greg Davies requested that an amount of $500 (to be contributed equally from South, North and East Ward voted works) be allocated to McDonalds to cover the hire of a stage for presentations on McHappy Day, to be held on Saturday 14 November 2009.

392 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent

This is Page No 24 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009 and should be dealt with at the meeting.

393 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that an amount of $500 (to be contributed equally from South, North and East Ward voted works) be allocated to McDonalds to cover the hire of a stage for presentations on McHappy Day, to be held on Saturday 14 November 2009.

QWN 12 Parking Fines Councillor Mark Davies requested a memo reply on the status of parking fines in carparks due to the resurfacing of the Belmore Street Car Park.

QWN 13 E-Waste Recycling Facilities Councillor Karen McKeown requested a report to Council advising if there are any E-Waste recycling facilities in the Penrith Local Government Area and detailing how Council can ban E-Waste to landfill throughout the City, as well as how E-Waste can be recycled.

Councillor Greg Davies left the meeting, the time being 9:46 pm.

QWN 14 Regional Infrastructure Program Councillor Prue Guillaume congratulated Council officers on the projects submitted for funding consideration by the Federal Government, under the Regional Infrastructure Program, especially the accessibility upgrade at Castlereagh Street, Penrith, and the provision of playground equipment at Grassmere Street, South Penrith.

QWN 15 Electricity Charges Councillor Kevin Crameri OAM requested a report to Council on the current cost of electricity, outlining the reasons for the recent increase in costs.

COMMITTEE OF THE WHOLE

394 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:51 pm.

Councillor Greg Davies returned to the meeting, the time being 9:52 pm.

1 Presence of the Public

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

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A Leading City

2 Legal Matter - Erskine Business Park - Paclib

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

3 Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys

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.

4 Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys

A Green City

A Leading City

6 Commercial Matter - Council property Cranebrook Village Shopping Centre

This is Page No 26 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

The meeting resumed at 10:41 pm and the General Manager reported that the Committee of the Whole met at 9:52 pm on 9 November 2009, the following being present

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, 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 Legal Matter - Erskine Business Park - Paclib RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc CW2 That: 1. The information contained in the report on Legal Matter - Erskine Business Park - Paclib be received. 2. Payments be made in accordance with the recommendations in the conclusion of the report.

3 Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies CW3 That: 1. The information contained in the report on Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys be received. 2. Council grant a 5 year lease with a 5 year option to the proposed tenant 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.

4 Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor

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Marko Malkoc That the information contained in the report on Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be received.

Procedural Motion - Recommittal of Item CW4 - Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

CW4 That Item CW4 - Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be recommitted for consideration of Committee of the Whole.

4 Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow CW5 That: 1. The information contained in the report on Commercial Matter – Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be received. 2. A further report be presented to Council on the future position for the reported licence agreement, including details of the business plans, audience coverage etc.

5 Legal Matter - Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia; Owner: Kieu To and Thi Noh Pham DA08/0395 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM CW6 That the information contained in the report on Legal Matter - Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook be received. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For Against Councillor Jim Aitken OAM Councillor Kevin Crameri OAM Councillor Kaylene Allison

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

6 Commercial Matter - Council property Cranebrook Village Shopping Centre RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Tanya Davies CW7 That the information contained in the report on Commercial Matter - Council property Cranebrook Village Shopping Centre be received.

Councillor Ben Goldfinch left the meeting, the time being 10:35 pm.

13 Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd; Owner: Pipven Pty Ltd DA09/0746 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc CW8 That the information contained in the report on Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta be received. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For Against Councillor Jim Aitken OAM Councillor Kaylene Allison Councillor Robert Ardill Councillor Kevin Crameri OAM Councillor Greg Davies Councillor Mark Davies Councillor Tanya Davies Councillor Ross Fowler OAM Councillor Jackie Greenow Councillor Prue Guillaume Councillor Marko Malkoc

This is Page No 29 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Councillor Karen McKeown Councillor Kath Presdee Councillor John Thain

ADOPTION OF COMMITTEE OF THE WHOLE

395 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, , CW5, CW 6, CW7 and CW8 be adopted.

Councillor Ben Goldfinch returned to the meeting, the time being 10:42 pm.

A GREEN CITY

Councillor Ben Goldfinch left the meeting, the time being 10:46 pm. Councillors Karen McKeown and Prue Guillaume left the meeting, the time being 10:47 pm. Councillor Karen McKeown returned to the meeting, the time being 10:49 pm. Councillor Prue Guillaume returned to the meeting, the time being 10:51 pm.

396 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The subject Development Application be approved, subject to the imposition of the following conditions: Standard Conditions

A001 - Approved plans that are architecturally drawn:

Architectural Plans :

Proposed DA Plan Ground numbered DA 2-A-052 Rev D, drawn by Quattro Design and dated 21/09/2009, Proposed Landscape Detail numbered DA 2-A-020- Rev A, drawn by Quattro Design and dated 5/08/2009, Proposed DA Plan Roof numbered DA 2-A-053- Rev A, drawn by Quattro Design and dated 21/07/2009, Proposed Building Elevations numbered DA 2-A-200- Rev A, drawn by Quattro Design and dated 5/08/2009, Proposed Building Sections numbered DA 2-A-250- Rev, drawn by

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Quattro Design and dated 5/08/2009, Works in Progress Site Plan Ground, numbered DA 2-A-004 Rev A, drawn by Quattro Design and dated 6/08/2009, Pedestrian & Vehicular Circulation Plan, numbered DA 2-A-025 Rev B, drawn by Quattro Design and dated 13/08/2009, Carpark Plan Basement and Ground, numbered DA 2-A-750 Rev B, drawn by Quattro Design and dated 17/09/2009 Basement Car Park Recommended Static Sign Locations, unnumbered, drawn by Parking Consultants International and dated May 16, 2009.

Civil Engineering Plans

Overall Plan numbered 08497 _DA2- C100 Rev 01, drawn by Quattro Design and dated 3/08/2009 Detail Plan 1 numbered 08497_DA2_C102 Rev 02, drawn by Quattro Design and dated 16/09/2009 Detail Plan 2 numbered 08497_DA2_C103 Rev 01, drawn by Quattro Design and dated 3/08/2009 Catchment Plan numbered 08497_DA2_C104 Rev 01, drawn by Quattro Design and dated 3/08/2009 Sediment Erosion Control Details numbered 08497_DA2_SE01-SE02 Rev 01, drawn by Quattro Design and dated 3/08/2009 Treatment to intersection of Mulgoa & Blaikie Roads numbered 08325_SK_C003 Rev 01, drawn by Henry & Hymas and dated 18/06/2008 Intersection of Mulgoa Rd & Blaikie Rd External Works plan numbered 08497_CC_EX01 Rev D drawn by Quattro design and dated 23/06/2009 Elsholz Concrete Kerb Median and Nearside Installation Sections/ Profiles numbered MD.R132.D03.A.1 drawn by the Roads and Traffic Authority NSW and dated January 1997.

Electrical Plans

Electrical Drawings numbered 2014- E01-E08 Rev A, drawn by Quattro Design and dated 21/07/2009.

Landscape Plans

Landscape Plans numbered DA MP L001-L003 Issue B, drawn by Site Image Landscape Architects and dated 3/08/2009. Landscape Plan numbered DA-MP-L001 Issue C, drawn by Site Image Landscape Architects and dated 26/07/2007. Landscape Detail & Specification Notes numbered DA-MP-L004 Issue A, drawn by Site Image Landscape Architects and dated 26/07/2007. Detailed Landscape Plans numbered DA- MP-002 Issue A, and DA- MP- 003 Issue B drawn by Site Image Landscape Architects and dated 26/07/2007.

A013 - Surrender of Consent – DA07/1418 – Prior to issue of a CC A017 - DA for use A019 - Occupation Certificate A026 - Advertising sign

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A032 - Goods in buildings A038 - Lighting locations A039 - Graffiti A046 – Construction Certificate B002 - AS for demolition and disposal to approved landfill site B004 - Dust B005 - Mud/Soil D001 - Implement approved sediment & erosion control measures D006A - No filling without prior approval D009 - Covering of waste storage area D010 - Appropriate disposal of excavated or other waste D014 - Plant and equipment noise D023 - Bunding E01A - BCA compliance for Class 2-9 E003 - Structural alterations E006 - Disabled access and facilities E009 - Annual fire safety-essential fire safety G002 - Section 73 G004 - Integral Energy H001 - Stamped plans & erection of site notice H002 - All forms of construction H041 - Hours of work K027 - Car parking K033 - Customer parking sign L001 - General landscaping L002 - Landscape construction L003 - Report requirement L005 - Planting of plant material L006 - AS requirements L008 - Tree Preservation Order Q01F - Notice of Commencement & Appointment of PCA Q006 - Occupation Certificate for Class 2-9

Special Conditions

2.01 The following matters shall be adhered to at all times throughout the operation of the development: -

• No trucks larger than a medium rigid classification, as defined by AS2890.2, are to access the development from Pattys Place, in this regard signage at both Patty’s Place and the Wolseley Street roundabout should be installed by the applicant. • Wheel stops should be installed in accordance with AS 2890.1.2004 in all parking spaces where a vehicle may overhang a footpath or other travel lane • All travel lanes in the car park shall be designed to cater for 2 way movement. Refer to AS 27890.1.2004 S2.3.2 • All line marking, and sign posting shall be provided at all roundabouts associated with the development in accordance with RTA and Austroads requirements. This is Page No 32 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

• “Giveway” signs and hold lines should be provided adjacent to the basement entry ramp and at the left slip lane at the north east corner of the proposed new building. • The proposed signage on the roundabout in Patty’s Place shall be designed and installed to ensure sight distance is achieved in accordance with appropriate standards for all vehicles on and approaching the roundabout.

2.02 Matters detailed in the Sydney Regional Development Advisory Committee’s letter dated 1 October 2009 that is appended to this consent shall be complied with throughout the relevant stages of the development.

2.03 Pedestrian access shall be addressed at the following locations on the subject site: -

• North eastern corner of the proposed addition adjacent to Anaconda; • Pedestrian ramp from the basement and verandah facing east of the existing building in front of Decorug; • Across Pattys Place to the north of the existing roundabout; and • Across the exit point from the basement car park to Pattys Place.

Appropriate line markings by way of pedestrian crossings and direction signage shall be installed where necessary to ensure safe pedestrian movement throughout the site and surrounds.

2.04 Customer seating shall be provided in regular spaced intervals within the mall corridor of the development.

During the construction of the subject development, access to the satisfaction of the NSW Fire Brigades, must be provided to and around the existing building to facilitate fire brigade intervention in accordance with Clause CP9 of the Building Code of Australia (Volume 1). Documentary evidence of the NSW Fire Brigades approval of the access arrangements shall be submitted to Council prior to the issue of the Construction Certificate for the subject development.

The following matters shall be complied with at all times: -

Lighting • Lighting shall be ‘vandal resistant’ to limit breakage and vandalism. • Lighting shall take into account all vegetation and landscaping in the car park and pedestrian pathways. • Lighting shall be designed in accordance with Australian Standards. • All loading docks shall be well lit. • All entries/exits to centre shall be well lit. • All lighting shall be white light to the relevant Australian standards. • Lighting shall be consistent in order to reduce the contrast between shadows and illuminated areas. • Lighting shall be contained within the property boundary and no light

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shall be projected upwards.

• Pedestrian access routes shall be well lit by lighting levels (Category P3), making pedestrian routes clearly identifiable throughout the parking areas

Car Parking – ground level • Pedestrian crossing locations will be identified within the car park as required. • Regular gardening maintenance is to be undertaken in the car park to ensure that foliage does not obscure sight lines. • Landscaping must not conceal the pedestrian entry and exit points to the car park.

Landscaping • Vegetation with top to bottom foliage should be avoided, low ground cover or high canopied vegetation is preferred. • Medium height (between 1and 2 metres in height) planting should be avoided as it provides concealment opportunities.

Communal/Public Areas • No seating is permitted in communal or public areas near or adjacent to ATM’s, public phone boxes, and toilets, or within corridors. • Subject to compliance with the preceding bullet point, seating is to be provided in active use areas.

Security • The centre shall be fitted with a back to base alarm system for after hours security. • Particular attention should be given to security of entry/exit points of the building and loading dock areas. • All windows and other external glazed surfaces on the ground floor must be made of toughened glass to reduce the opportunities for break and enter offences. • Decorative styled bollards shall be installed in front of plate glass windows and doors (removable at doors) to prevent opportunities for “ram raids”. • Entrances to public toilets will be clear of all screening to allow surveillance by members of the public, centre staff and security.

General • Trade waste bins are not to be accessible to the public or left unsupervised for collection. • The finishes of all structures and buildings are to be maintained at all times and any graffiti or vandalism shall be immediately removed/repaired.

2.05 During the construction of the subject development, the fire hydrant

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system for the existing building must facilitate the needs of the NSW Fire Brigades in accordance with Clause EP1.3 of the Building Code of Australia (Volume 1). Documentary evidence of the NSW Fire Brigades approval of the fire hydrant arrangements shall be submitted to Council prior to the issue of the Construction Certificate for the subject development.

2.06 A minimum 1 metre wide clear path of travel from the existing building’s eastern mall exit shall be provided in alternative directions to open space, during construction of the subject development. A hoarding shall be provided to protect persons using this exit to the satisfaction of Council, until the issue of the final occupation certificate. Adequate lighting, emergency lighting and illuminated exit signs shall be provided in the hoarding in accordance with Clauses E4.2, E4.5, E4.6 & F4.4 of the Building Code of Australia.

2.07 During the construction of the subject development, there shall be no interference with the fire safety measures in the existing building at all times when the building is normally occupied, unless approved by Council in writing.

2.08 The applicant shall provide 60 parking spaces for the use of staff of Harvey Norman and Domayne employees only.

2.09 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.

2.10 Stormwater runoff from car parking areas shall be directed to a stormwater pre-treatment system. The treatment devices shall be designed to remove the following pollutant loadings:

• 90% Litter • 85% Suspended Solids • 65% Phosphorous • 45% Nitrogen • 90% Oil & grease

2.11 Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate:

(a) Specification & installation details of the stormwater pre-treatment system; and (b) The approval of an operation and maintenance manual/ programme for the proposed device.

2.12 A copy of the approved operation and maintenance manual/ programme shall be submitted to Penrith City Council with notification of the Construction Certificate issue. This is Page No 35 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

2.13 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) Opening the road reserve for the provision of services including stormwater. (b) Placing of hoardings, containers, waste skips, etc. in the road reserve.

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).

2.14 Prior to the issue of a Construction Certificate for building or subdivision works the Principal Certifying Authority and/ or Certifying Authority shall ensure that a Roads Act application, including the payment of appropriate fees, for the following works, has been lodged with, and approved by Penrith City Council (being the Roads Authority under the Roads Act).

1. Alterations to Gibbs Street Roundabout.

2. Footpaving: a 1.5m wide footpath is to be provided to link the footpaths within the development site to the existing footpath network in Patty’s Place. A 1.5m wide footpath is to be provided on the northern side of Wolseley Street, from the development site to connect to the existing footpath system at the intersection of Wolseley Street and Mulgoa Roads.

Civil design drawings are to be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

The lodgement of plans shall be accompanied by a signage and linemarking plan and a Road Safety Audit addressing the proposed modifications to the roundabout on Gibbs Street.

Note:

1. Where Penrith City Council is the Certifying Authority for the development the Roads Act approval for the above works may be issued concurrently with the Construction Certificate.

2. Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 to ascertain applicable fees.

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2.15 Prior to the issue of any Construction Certificate a performance bond is to be lodged with Penrith City Council for road works associated with the alteration to the roundabout on Gibbs Street and footpaving.

The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy. The bond will be administered in accordance with this policy.

Note:

Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

2.16 Prior to the issue of a Construction Certificate Roads and Traffic Authority approval shall be obtained for the proposed intersection works with Mulgoa Road.

2.17 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works.

(a) On-site detention system (b) Provision of internal roads with treatments to delineate the private road system at the entry points from Gibbs Street and Pattys Place (c) Internal roundabout (d) Stormwater drainage (e) Stormwater pre-treatment system (f) Earthworks (g) Car park (h) Retaining walls (i) Paving works (j) Linemarking and signage

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.

2.18 On-site detention shall be provided generally in accordance with the stormwater management plan, Master_DA_2 Revision 1 dated August 2009 and associated concept plans, prepared by Henry & Hymas, reference number 08497_DA2_C100 to C104, revision 1, dated 3/08/2009.

Detailed 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.

The Certifying Authority shall ensure that the on-site detention system is structurally adequate and that it has been designed to be compliant with the Occupational Health and Safety Act and for ease of maintenance.

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Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall also incorporate the approval of an operation and maintenance manual for the proposed device.

A copy of the approved operation and maintenance manual shall be submitted to Penrith City Council with notification of the Construction Certificate issue.

2.19 Prior to the issue of a Construction Certificate the Principal Certifying Authority shall ensure that new vehicular access, pedestrian access, carparking and manoeuvring areas proposed by the subject development are in accordance with AS 2890.1, AS2890.2 and Penrith City Council’s Development Control Plan.

2.20 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.

2.21 Prior to commencement of works for the roundabout on Gibbs Street a Traffic Control Plan including details for pedestrian management, shall be prepared in accordance with AS1742.3 “Traffic Control Devices for Works on Roads” and the Roads and Traffic Authority’s publication “Traffic Control at Worksites” and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller.

Traffic control measures shall be implemented during the construction phase of the development in accordance with the certified plan. A copy of the plan shall be available on site at all times.

Note:

A copy of the Traffic Control Plan shall accompany the Notice of Commencement to Penrith City Council.

2.22 Prior to the Commencement of Works a dilapidation report of all Council owned infrastructure fronting the development in Gibbs Street and Pattys Place is to be submitted to Penrith City Council. The report is to include, but not be limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

2.23 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

2.24 Prior to the issue of any Occupation Certificate Lots 10 and 11 in DP 1046110 are to be consolidated as one lot via registration of a plan with the Land and Property Information division of the Department of Lands.

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2.25 Prior to the issue of an Occupation Certificate any necessary easements, rights of carriageway and covenants shall be created or extinguished, as required, to facilitate the proposed development.

2.26 After completion of all civil works, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

An original set of works-as-executed drawings and copies of compliance documentation shall also be submitted to Penrith City Council with notification of the issue of the Occupation Certificate where Council is not the Principal Certifying Authority.

2.27 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, Australian Standards and relevant conditions of the development consent.

2.28 Prior to the issue of an Occupation Certificate the Certifying Authority shall ensure that the on-site detention and stormwater pre-treatment systems:

• Have been constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works, any Construction Certificate issued and relevant conditions of development consent. • Will operate satisfactorily with regard to any variations or that suitable remedial works have been undertaken. • 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 systems shall be provided as part of the works-as-executed drawings.

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

2.30 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 This is Page No 39 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

Council. Any rectification works within Gibbs Street and Pattys Place will require a Roads Act application. The application is to be submitted and approved by Penrith City Council prior to such works commencing.

2.31 Prior to the issue of an Occupation Certificate directional signage and linemarking shall be installed indicating directional movements and the location of customer parking to the satisfaction of the Principal Certifying Authority.

2.32 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.

2.33 Prior to the issue of an Occupation Certificate, a maintenance bond is to be lodged with Penrith City Council for road works associated with the alteration to the roundabout on Gibbs Street.

The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy. The bond will be administered in accordance with this policy.

Note: Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

2.34 Prior to the issue of an Occupation Certificate a Flood Management & Evacuation plan shall be prepared to cater for the alterations and increased patronage as a result of the development. The recommendations of the Flood Management and Evacuation plan shall be incorporated into the Centre Management plans. A copy of the Flood Management & Evacuation plan shall accompany the notice of issue of the Occupation Certificate to Penrith City Council.

2.35 Details relating to measures for water re-use and energy efficient lighting, heating and cooling devices that are to be incorporated into the development are to be submitted to Penrith City Council prior to the issue of a Construction Certificate.

2. Delegated Authority be given to Council Officers for an additional condition to create an appropriate right of carriage in favour of SP72448, Street No. 301-335, Mulgoa Road, Jamisontown.

3. Twelve months after the commencement of the development, Council be provided with a traffic report which assesses post development traffic movements along Mulgoa Road.

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4. Those making a submission be advised of Council’s resolution. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

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

17 Council Property - Cranebrook Village Shopping Centre Councillor Ben Goldfinch returned to the meeting, the time being 11:01 pm. Councillor Jim Aitken left the meeting, the time being 11:01 pm. 397 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain That: 1. The information contained in the report on Council Property - Cranebrook Village Shopping Centre be received. 2. Council nominate AusPacific Property Group Pty Ltd as preferred tenderer and enter into negotiations for sale of the site.

3. A further report be presented to Council after the negotiations as outlined in the report.

18 Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia; Owner: Kieu To and Thi Noh Pham DA08/0395 Councillor Jim Aitken OAM returned to the meeting, the time being 11:04 pm.

398 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88- 94) Grays Lane, Cranebrook be received. 2. Council invite the Court to make consent orders to uphold the Appeal and

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impose the conditions that are generally referred to in this report. 1. A001 – Approved plans and recommendations within listed reports 2. A011 – Engineering Works DCP 3. A019 – Occupation Certificate 4. A021 – Business registration 5. A026 – Advertising 6. A029 – Hours of operation and delivery times will be 6:30 am to 6:30 pm, Monday to Friday – no weekends or public holidays. 7. A038 – Lighting locations 8. A046 – Obtain a Construction Certificate 9. B001 – Demolition of dwelling on Lots 227 & 227A DP 2147 10. B002 – Demolition and disposal of approved landfill 11. B003 – Asbestos 12. B004 – Dust 13. B005 – Mud/Soil 14. B006 – Hours of work 15. C003 – Uncovering relics 16. D001 – Sediment and erosion control measures 17. D002 – Spray grass 18. D006 – No fill without validation certificate 19. D010 – Appropriate disposal of excavated or other waste 20. D014– Plant and equipment noise 21. D125 – Water quality 22. E01A – BCA compliance for Class 2-9 23. E002 – BCA issues to be addressed

• Access for persons with disabilities, in particular circulation space around doors, width of doors and sanitary facilities. • Details of the proposed door furniture for doors in the path of travel to an exit and required exit doors. • Details of the proposed air-handling system in relation to automatic shutdown by activation of smoke detectors (other than non-ducted individual room units with a capacity of not more than 1000 l/s and miscellaneous air exhaust systems). • Submission of a report demonstrating compliance with Section J of the Building Code of Australia with regard to energy efficiency, including building fabric, external glazing, sealing , air movement, air –conditioning systems and the like.

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24. E006 – Disabled access and facilities 25. E008 – Fire safety list with CC 26. E009 – Annual Fire Safety 27. F001 – Food Act requirements 28. F022 – Commercial kitchens 29. G002 – Section 73 Certificate (Sydney Water) 30. G004 – Integral Energy 31. H001 – Stamped plans and erection of site notice 32. H003 – Traffic Management 33. H006– Waste management plan 34. H041 – Hours of work 35. H011 – Engineering plans and specification 36. I003 – Roads Act Approval 1 a) Opening of the road reserve for the provision of services including stormwater; b) Placing of hoardings, containers, waste skips, etc, in the road reserve. 37. I004 – Roads Act Engineering a) Opening the road reserve for the provision of services including stormwater. b) Provision of a heavy duty concrete rural dish crossing and heavy duty concrete footway crossing 6m wide in accordance with AS 2890.2. c) A concrete footpath shall be provided from the new driveway into the car park to the exiting footpath outside No 96-98 Grays Lane, Cranebrook. 38. K009 – OSD 39. K019 – Connection to Council’s system 40. K025 – Pavement Seal 41. K027 – Car parking provision 42. L001 – Landscape Plan 43. L002 – Landscape Construction 44. P001 – Costs 45. P002 – Fees associated with Council land (Prior to the issue of a Construction Certificate) 46. Q01F – Notice of commencement and appointment of PCA 47. Q006 – Occupation Certificate (delete after NSW Fire Brigades) 48. The childcare facility shall cater for no more than 90 This is Page No 43 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

children between the ages of 0 and 5 in the following manner: 0-2 years old: 30 children 2-3 years old: 20 children 3-4 years old: 20 children 4-5 years old: 20 children The before and after care facility shall cater for no more than 43 children.

49. Retaining walls shall be of masonry construction. 50. Warm water to hand wash basins shall be provided in the staff toilets. 51. Appropriate signage is to be provided to the car park and entrance of the centre requesting patrons to minimise noise and protect the amenity of the surrounding neighbourhood. 52. Prior to the issuing of the occupation certificate a suitable signage plan is to be submitted to Council for approval.

53. The signage plan is to provide details on the location, sizing and wording of the proposed signs.

54. The signs are to be constructed prior to the issuing of the occupation certificate.

55. The 2.1m rear fence along the eastern boundary as required by the Noise Assessment report is to be constructed of colourbond material. The pool type fencing within this boundary shall be provided to a height of 1.8m.

56. The recommendations provided in Report No. 07291 entitled “Environmental Noise Impact Assessment (TD955- 01F02)” prepared by Renzo Tonin and Associates dated 14th April 2008 implemented and incorporated into the design and construction of the development, and shall be shown on plans accompanying the Construction Certificate application. A report is to be obtained from a qualified acoustic consultant certifying that the development meets the relevant noise criteria and conditions of this consent. This report is to be submitted to the Principal Certifying Authority and Council within the first 6 to 9 months of operation of the childcare centre.

57. The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise.

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58. A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of the Construction Certificate. The NMP shall be prepared by suitably qualified consultants in consultation with Council and other relevant agencies, and may need to be amended to include the any comments provided by Council and other agencies. The NMP is to:

address all noise related aspects of the development's construction and operational phases, and address the relevant conditions of this consent pertaining to noise; and recommend any systems/ controls to be implemented to minimise the potential for any adverse noise impact(s), and Incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

The approved Noise Management Plan is to be implemented at all times.

59. A maximum of 20 children are permitted in the outdoor play area at any one time in accordance with the recommendations provided in Report No. 07291 entitled “Environmental Noise Impact Assessment (TD955-01F02)” prepared by Renzo Tonin and Associates dated 14th April 2008

60. A public contact number is displayed on the childcare centre signage and must be operational during business hours. A complaint register is to be maintained and must include complaint details and any actions taken to address those complaints. A copy of the complaint register is to be provided to Council upon request.

61. In the event of on going noise complaints relating to the development being received by Council, the owner and/or occupier of the development maybe required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community. 62. The noise impact assessment report is to be prepared and provided to Council within 45 days of being requested. The assessment report is to be approved by Council, with any recommendations being implemented in accordance with the approved assessment report.

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63. Prior to the issue of a Construction Certificate, a written clearance is to be obtained from Sydney Water demonstrating that reticulated water and sewer will be made available to the development or that arrangements have been entered into for the provision of services to the development. 64. A freeboard of 300mm shall be provided between the top water level in the on-site-detention and the finished floor level of the childcare centre. 65. A ‘No Stopping’ zone shall be installed for a distance of 6m on either side of the driveway entrance to No 88-94 Grays Lane. 66. This consent does not allow site works, building or demolition works to commence nor does it imply that the plans attached to this consent comply with the specific requirements of Building Code of Australia. Such works must only take place after a Principal Certifying Authority (PCA) has been appointed and a Construction Certificate has been issued. 67. The proposed childcare centre is to comply with the requirements of the Children Services Regulation 2004. 68. The drainage concept plan 090204E1 Rev A dated 9/10/2009 prepared by Barker Ryan Stewart is not approved. Prior to the issue of the Construction Certificate the following matters are to be addressed on a revised drainage concept plan and is to be approved by Council. a) The pre-developed site has a ridgeline through it with part of the site draining to Willowgum Crescent to the north and the other part draining south through private property. Flows to existing catchments shall be replicated as far as possible. In this regard it is expected that flows not exceeding pre-development should be directed to Willowgum Crescent to avoid overloading the southern catchment and Grays Lane street system. b) The proposed discharge to Grays Lane of 80L/s (20 year ARI) is not supported as this point discharge far exceeds Council’s maximum rate of discharge to the kerb at 20L’s and there is no drainage in Grays Lane until the intersection with Hindmarsh Street. Flows exceeding 20L/s to Grays Lane are not permissible where gutter flow width exceeds 2.0m in Grays lane from the property in Hindmarsh Street. c) Appropriate cover to the discharge pipe from in Grays Lane shall be demonstrated to meet AS 3500. d) The invert level of the stormwater drainage connection to the kerb in Grays Lane shall also be confirmed to

This is Page No 46 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009

ensure that the car park levels are not required to be raised further. 69. Three additional closet fixtures requirements are to be provided for the development. 70. An easement shall be provided over the adjoining property to the south for the sewer extension to the site. Details of the easement and its beneficiaries are to be provided to Council prior to the issuing of an Occupation Certificate. 3. Those making a submission be advised of Council’s resolution. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

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

There being no further business the Chairperson declared the meeting closed the time being 11:05 pm.

This is Page No 47 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009

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

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

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

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

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

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

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

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

The person addressing the meeting needs to clearly indicate:

• Their name;

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

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

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

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

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

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

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

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

Glenn McCarthy Public Officer 02 4732 7649

MAYORAL MINUTES

Item Page

1 Penrith recognised for excellent water management 1

2 Penrith City celebrations a great success 2

3 Councillor Greenow recognised for service to community 4

Ordinary Meeting 30 November 2009 A Green City

Mayoral Minute

Penrith recognised for excellent water management

Strategic Objective: The City’s ecological footprint is reduced

The Penrith City community and Council have again been recognised as leaders in sustainable water management, with Council selected as one of four finalists in the Sustainable Business Process category of Sydney Water’s prestigious Every Drop Counts Water Efficiency Awards.

The awards celebrate the achievements of the business community in water efficiency and best practice water management. The Sustainable Business Process category recognises companies who have embedded best practice water management into their core strategies and work practices. It is judged on organisational governance, financial governance, stakeholder engagement and operational processes.

Penrith was the only Council to be a finalist for the award, which was won by Macquarie Asset Services Limited. Council has an accredited five-star water management system under the Every Drop Counts program. In 2008-09 Council reduced its overall water consumption by over 37%, well and truly passing its goal of a 15% reduction by 2015. Some facilities have reduced their water consumption by an outstanding 50% or more compared to six years ago.

Several initiatives and projects led to this great result, including retrofitting toilets in Council buildings, installing an irrigation monitoring system at Mark Leece sporting fields and using recycled water at Nepean Rugby Club and Greygums Oval. The Penrith City community has also shown their commitment to water savings with almost 60% of households taking part in one of Sydney Water’s recent water savings programs.

Water is such a precious resource and responsible water management is a vital part of a sustainable future for our City. Well done to residents and Council staff for a great effort so far.

Kevin Crameri OAM Mayor

RECOMMENDATION

That the Mayoral Minute on Penrith recognised for excellent water management be received.

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Ordinary Meeting 30 November 2009 A Vibrant City

Mayoral Minute

Penrith City celebrations a great success

Strategic Objective: We encourage the wellbeing, creativity, inclusivity and diversity of our communities

I’d like to congratulate and thank everyone involved in making Celebrate Penrith City 09 such a success. The 12-15 November program saw several special events to mark the 50th anniversary of Penrith’s proclamation as a City, significant anniversaries with four of our six international partners and the 100th anniversary of Penrith Weir.

We were pleased to be joined for the celebrations by representatives from our local friendship City, Lachlan Shire as well as 110 delegates from Penrith’s international partners Fujieda, Japan; Hakusan, Japan; Gangseo-gu, Korea; Xicheng District, China and Kunshan, China.

Among the highlights were three international concerts for the community at the Q Theatre and at Coachmans Park in the heart of St Marys. An International Celebration dinner was held to commemorate significant anniversaries of our international partnerships with Fujieda (25 years), Hakusan (20 years), Penrith (Cumbria, England - 20 years) and Gangseo-gu (15 years). The dinner was an opportunity to reflect on the cultural and economic benefits each city has enjoyed through these relationships.

A civic reception was also held to commemorate the 50th anniversary of Penrith’s proclamation as a City. Many former and current City leaders came together at the Museum of Fire to celebrate the past 50 years and our City’s exciting future.

Several of the Celebrate Penrith events had a 1959 theme in keeping with the 50th anniversary. The annual Mayoral Charity Ball was deferred from August so it could be included in the celebrations. The event at St Marys Band Club saw 280 people enjoy a night of rock ‘n’ roll fun while raising $25,000 for great local charities - Little by Little Inc and the Thorndale Foundation. Particular thanks to major sponsor Ross Sinclair AM, as well as St Marys Band Club, Jim Aitken and Partners and Kingswood Florists for their support.

On Sunday 15 November around 4,500 people attended Rock at the Weir, a community festival with 1950s style rides, food and entertainment. A highlight was the Miss Penrith and Junior Miss Penrith competition. Various river users and authorities demonstrated the present and future importance of the Weir and river to the Penrith community.

Two significant exhibitions were launched during Celebrate Penrith. The Makings of A City History Exhibition in the Civic Centre has been popular, and will be travelling to other venues across the City in coming weeks. A series of exhibitions dedicated to Japan and Australia will be at the Penrith Regional Gallery until the end of January.

The unique celebrations offered something for everyone. I would like to take this opportunity to thank the partners who helped make Celebrate Penrith City 09 possible:

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Ordinary Meeting 30 November 2009 A Vibrant City

• Penrith International Friendship Committee • Local Historical Societies • Local performing and cultural groups • Local schools and the Department of Education • University of Western Sydney • Joan Sutherland Performing Arts Centre • Penrith Regional Gallery & the Lewers Bequest • Penrith Valley Special Visits Network • CLAIR - the Japanese local government authority and • KLAFIR - the Korean local government authority

Finally, thank you to all the hard-working Council staff who, after more than a year of careful planning, delivered a week long event that will be long remembered by all who took part. Particular thanks to Jill Turner, Joanne Ryan and Colin Dickson supported by other members of the Events team, as well as Traffic and Special Events Coordinator Gary Lawson and members of the City Works and City Presentation teams who ensured Penrith City put its best foot forward.

Kevin Crameri OAM Mayor

RECOMMENDATION

That the Mayoral Minute on Penrith City celebrations a great success be received.

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Ordinary Meeting 30 November 2009 A Leading City

Mayoral Minute

Councillor Greenow recognised for service to community

Strategic Objective: We share aspirations for our region’s future, and achieve them through collaboration

I would like to congratulate Councillor Jackie Greenow on her recognition at the 2009 National Disability Awards Ceremony in Canberra last Monday. She was one of only three finalists in the Local Government Award category, which recognises “a person who has challenged or lobbied, and has succeeded in implementing substantial change by breaking down barriers faced by people with disability”. This year the prestigious awards attracted 240 quality nominations.

Through her involvement with Council, local organisations such as NOVA Employment, local schools and the broader community, Jackie has made a significant contribution to improving the lives of people with a disability and their carers. She has been a passionate advocate for social justice and equity over many years and is dedicated to making our City’s services and facilities accessible for all. She has served as Chair of Council’s Access Committee since 1996 and as Chair of NOVA for eight years, and has been a strong supporter of Penrith Sailability.

Jackie’s valuable experience and dedication to our region was further recognised recently with her election as Chair of the Hawkesbury River County Council (HRCC), a single- purpose Council for the control of noxious weeds within the Hawkesbury-Nepean River catchment. She has ably represented Council and our community on the HRCC since 1995 and I am sure she will do a great job as Chair of this important body.

Kevin Crameri OAM Mayor

RECOMMENDATION

That the Mayoral Minute on Councillor Greenow recognised for service to community be received.

Page 4

REPORTS OF COMMITTEES

Item Page

1 Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 1

Ordinary Meeting 30 November 2009 A Leading City

REPORT AND RECOMMENDATIONS OF THE POLICY REVIEW COMMITTEE MEETING

HELD ON 16 NOVEMBER, 2009

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

APOLOGIES Apologies were accepted for Councillors Ben Goldfinch and Tanya Davies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 19 October 2009 The minutes of the Policy Review Committee Meeting of 19 October 2009 were confirmed.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 21 October 2009 The minutes of the Policy Review Committee Meeting of 21 October 2009 were confirmed.

DECLARATIONS OF INTEREST

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – Penrith City Children’s Services Cooperative Ltd as she is a member of the Warialda Children’s Centre Parent Advisory Committee.

DELIVERY PROGRAM REPORTS

A CITY OF OPPORTUNITIES

4 Penrith Business Alliance Limited Strategic and Business Plans Director Craig Butler introduced the report on Penrith Business Alliance Limited Strategic and Business Plans and welcomed the Chairman Paul Brennan who gave a presentation. Councillor Jim Aitken OAM left the meeting, the time being 7:51pm. Councillor Jim Aitken OAM returned to the meeting, the time being 7:52pm. Councillor Prue Guillaume left the meeting and did not return the time being 8:03pm. RECOMMENDED That: 1. The information contained in the report on the Penrith Business Alliance Limited Strategic and Business Plans be received

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Ordinary Meeting 30 November 2009 A Leading City

2. Council agree to the initial payment of $308,390 to the Penrith Business Alliance. 3. The Penrith Business Alliance Business Plan for 2009-10 be reported to a future Council meeting for consideration and approval.

Councillor Mark Davies left the meeting, the time being 8:10pm. Councillor Greg Davies left the meeting, the time being 8:10pm.

A LEADING CITY

1 Westpool Chairperson of Westpool, Deputy Mayor Councillor Ross Fowler OAM, introduced the report and welcomed Andrew Armistead from Westpool who gave a presentation. Councillor Mark Davies returned to the meeting, the time being 8:13pm. Councillor Greg Davies returned to the meeting, the time being 8:15pm. Councillor John Thain left the meeting, the time being 8:37pm. Councillor John Thain returned to the meeting, the time being 8:38pm. RECOMMENDED that the information contained in the report on Westpool be received.

A CITY OF OPPORTUNITIES

2 Penrith City Children's Services Cooperative Ltd Children’s Services Manager, Janet Keegan introduced the report and welcomed Chairperson Max Friend, who gave a presentation on the Penrith City Children’s Services Cooperative Ltd. Councillor Marko Malkoc left the meeting and did not return the time being 8:46pm. RECOMMENDED That: 1. The information contained in the report on Penrith City Children's Services Cooperative Ltd be received 2. Council agree to underwrite the operation of Penrith City Children’s Services Cooperative Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2009/10. 3. Council write to Linda Newman recognising her service on the Board of Directors since inception and thanking her for her contribution over many years.

3 Penrith Whitewater Stadium - Annual Report and Board of Directors Chairperson, Penrith Whitewater Stadium, Deputy Mayor Councillor Ross Fowler OAM, welcomed Stadium Manager, Jack Hodge who gave a presentation on the Penrith Whitewater

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Ordinary Meeting 30 November 2009 A Leading City

Stadium – Annual Report and Board of Directors. RECOMMENDED That: 1. The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received 2. Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2009-10. 3. Council note and support the Board’s nomination of Councillor Ross Fowler OAM as a continuing Director of Penrith Whitewater Stadium.

There being no further business the Chairperson declared the meeting closed the time being 9:21pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 be adopted.

Corporate Governance Page 3

DELIVERY PROGRAM REPORTS

Item Page

A LEADING CITY

1 2009-10 Operational Plan - September Quarter Review 1

2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 18 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) 35 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

4 Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham 43 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

5 Proposed amendments to draft Penrith Local Environmental Plan 2008 48 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) 64 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

7 2009 National General Assembly of Local Government 68

8 Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions 73

9 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors 81

10 Copenhagen Climate Change Conference 2009 89

11 Summary of Investments and Banking as at 31 October 2009 97

A CITY OF OPPORTUNITIES

12 2009 Community Assistance Program Planned Component 105

13 Mayoral Forum - Housing Opportunities for Older People 120

14 Contracts of Employment for Senior Staff 130

15 Seniors Week 2010 132

16 Tender 14-08/09 for the Supply & Delivery of Child Care Consumables 136

A GREEN CITY

17 ICLEI World Congress and Study Tour 147

18 Development Application DA09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7 - 9) Lemongrove Road, Penrith. Applicant: Devcon Partners P/L; Owner: David John Reeves and James Ashley Aitken DA09/0369 157 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

19 Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate DA09/0024 195 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

20 Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith City Council; Owner: Department of Land and Water Conservation DA09/1107 210 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

21 Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812 239 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

22 Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa. Applicant: Mr. J Prgomelja; Owner: Mr. J Prgomelja DA09/0670 271 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

23 Draft Cumberland Plain Recovery Plan 282

A LIVEABLE CITY

24 Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site 292

25 Establishment of additional Alcohol Free Zones and Alcohol Free Areas 306

26 Penrith Valley Cultural Precinct - Progress Report 310

27 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel 316

28 Floodplain Management Program 2009/2010 - Grant Offer 320

29 Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park 322

30 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment 327

URGENT

31 Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services 336

THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

A LEADING CITY

Item Page

1 2009-10 Operational Plan - September Quarter Review 1

5 Proposed amendments to draft Penrith Local Environmental Plan 2008 48 Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

7 2009 National General Assembly of Local Government 68

8 Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions 73

9 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors 81

10 Copenhagen Climate Change Conference 2009 89

11 Summary of Investments and Banking as at 31 October 2009 97

Ordinary Meeting 30 November 2009 A Leading City

1 2009-10 Operational Plan - September Quarter Review

Compiled by: Geraldine Brown, Budget Accountant David McIllhatton, Business Systems Co-ordinator Ken Lim, Management Planning Co-ordinator Authorised by: Vicki O’Kelly, Group Manager - Finance 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 This review is the first formal opportunity to present to Council the progress to date of the delivery of the 2009-10 Operational Plan, which also forms the first instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031 adopted in June 2009. As previously reported in the “2008-2009 Management Plan ~ June Quarter and Year End Review” on 24 August, a new and improved reporting format is being introduced and this new reporting format means that Councillors will receive as part of the Ordinary Meeting business paper, a separate “Services Performance and Financial Review Summary” report for each quarter instead of the larger, more detailed hardcopy document provided previously.

The business paper report and separate summary report will focus on Council performance; Services Performance and the Financial Position, with particular emphasis on exception and highlight reporting.

The combined effort of all Council’s 46 services for the three month period ending on 30 September 2009, has resulted in a 29% achievement of the yearly requirement as recorded in the adopted 2009-10 Operational Plan and is 4% above the quarterly target. Council’s Performance Planning System indicates Council’s 562 Tasks, Key Performance Indicators (KPIs) and Capital and Operating Projects that 547 are either on target or have been completed. Details of the remaining 15 items and the challenges they are facing have been included in this report and in the separate “Services Performance and Financial Review Summary” report.

The economic climate has been difficult in recent years and Council has not been immune from this. Councillors will recall that the development of the 2009-10 budget saw a number of tough calls made to enable a balanced budget to be delivered with a number of one off service adjustments being required. These service adjustments have been placed on the high priority unfunded list and no capacity has been identified in the September review to reinstate any of these items.

The cumulative budget result for the year as at September is a deficit of $262,522. This result is made up of a number of both positive and negative variations to the original budget, with the most notable being an increase in the cost of finalising the Penrith Valley Cultural Precinct ($560, 000), and a contribution to the Penrith Whitewater Stadium to assist with an

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Ordinary Meeting 30 November 2009 A Leading City

increased Workers Compensation Premium ($398,948) based on Workcover grouping provisions. These increases to expenditure have been partly offset by increased Rates income which provided a net increase, after allowing for increased abandonments, pensioner rebates, valuation fees and provisions for doubtful debts, of $641,847 for 2009-10.

Salary Savings of $227,292 have been identified in the September Quarter. In keeping with the commitment to Council, as part of the finalisation of the 2008-09 Management Plan, to return the Employee Leave Entitlements (ELE) reserve to the agreed holding of 20% of leave entitlements, these salary savings are proposed to be transferred to the ELE reserve. This brings the total transfer to the reserve for 2009-10 to $427,292 with a budgeted balance as of 30 June 2010 representing 17.45% of the projected balance of leave entitlements.

This report recommends that the revised budget estimates identified and the recommended reallocations to projects and amendments to Key Performance Indicators, Strategic Tasks and Service Improvements detailed in the report be adopted.

Background In accordance with the Local Government Act 1993, the Operational Plan progress report for the period ending 30 September 2009 is presented tonight for Council’s consideration. This is the first quarterly review of Council’s 2009-2010 Operational Plan which delivers the first instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031, both of which were adopted in June this year.

The Quarterly Review provides a comprehensive performance report on all Council’s external and internal services (with the exception of the three controlled entities which have separate reporting requirements) outlined in the Operational Plan. It provides clarity and accountability to Council and the public on the annual delivery of Council’s program through its approved services and their required goals.

Format of the Quarterly Review Reporting The new and improved reporting format has been introduced in the September Quarter Report in order to: • meet the requirements of the “Planning and Reporting Guidelines for Local Government in NSW” released by the DLG this year • provide a simpler yet more focused way of communicating performance of Council’s services including the highlighting of achievement and identifying areas requiring attention (exception reporting). • reduce paper waste by moving from the previous 300+ page hardcopy document to a summarised 30-40 page (double sided) report. This new reporting format means that Councillors will receive as part of the Ordinary Meeting business paper, a separate “Services Performance and Financial Review Summary” report for each quarter instead of the larger, more detailed hardcopy document provided previously.

The business paper report and separate summary report will focus on two key areas of Council performance; Services Performance and the Financial Position. These are explained below.

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Ordinary Meeting 30 November 2009 A Leading City

1. Services Performance

The adopted 2009-10 Operational Plan lists the annual plans for all Council (internal and external) services. Each quarter all Managers are required to report progress for each service based on the following measurement types:

o Service Budgets o Tasks o Key Performance Indicators (KPIs) o Capital Projects o Operating Projects

The results are reported back to Council in the following three ways:

• Overall Services Performance Summary

A table is produced which summarises the results of all measurement types reflecting an overall service summary. Progress is expressed through the use of percentages and ‘traffic light’ indicators. These are based on the responsible Manager’s statement of the delivery of the year-to-date requirements for that item.

Explanation of the Traffic Light Indicators

Council has, for a number of years, used a traffic light rating scale for reporting on the performance of Management Plan deliverables. This is supplemented in the new report format by an appropriate rating scale for the expenditure budget performance of services, adapted from that used in the monthly Financial Health monitoring by the organisation. The rating scales are explained in the table below.

Table 1. Guidelines for ‘Traffic Light’ Status Indicators

Performance is “on target” or satisfactory to meet the year-to-date

[Green] requirements of the relevant action. Normally indicates completion of On 90% of the scheduled requirements. Target Performance is marginal and extra attention is needed for ongoing items.

[Amber] Normally indicates completion of 75%-89% of the scheduled Attention requirements and may be the subject of a proposed carry over or partial Required revote of works. Performance is not on target and the requirement is “at risk” of not being delivered. This is addressed by the Manager’s commentary. Delivery is [Red] normally rated as less than 75% of the scheduled requirements and/or is At Risk the subject of a proposed revote of works.

C Completed (usually applies to Capital & Operating Projects and some Tasks with defined target dates) represents 100% completion.

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Ordinary Meeting 30 November 2009 A Leading City

The Services Performance Summary is provided with this report. The table is sorted by reporting elements (eg Overall Service Level, Tasks, KPIs, Capital and Operating Projects). The table for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

• Completed Tasks and Projects

In the 2009-2010 Operational Plan, there are approximately 160 tasks and 200 capital and operating projects listed for completion. Rather than report the progress on every task and project, only the larger key projects and tasks that were completed within the quarter are listed as highlights. The highlights list for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

• Exception Reporting

The most significant change in the quarterly reporting format has been the move to “exception” reporting as contained in the new Planning and Reporting Guidelines for Local Government in NSW. This means that reporting only elements which have incurred an “Amber” traffic light (that is, reportable items Requiring Attention) or a “Red” traffic light (that is, reportable items At Risk of not being delivered). This part of the report allows Council the opportunity to focus on those services that require attention or are at risk of not being delivered and to be accountable to the Community in addressing issues that arise.

The Exceptions list for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

Each of the eight groups will provide a comprehensive status report on the progress of the Delivery Program every six months with the first being scheduled for February 2010. The format of these reports is still to be finalised.

2. Financial Position The financial position of Council for the quarter will be expressed by providing information on: • The budget position (whether balanced/surplus/deficit) • Significant variations • Identified Revotes • Funding Summary • Reserve Movements for the quarter, and • the Capital and Operating Budget Projects list for the quarter Key performance comments regarding the Financial Position are included later in this report with the all the above information provided in the Attachment to this report.

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Overall Services Performance Summary for the September Quarter

Council’s Performance Planning System indicates that the combined effort of all services for the three month period ending on 30 September 2009, has resulted in a 29% achievement of the yearly requirement as recorded in the adopted 2009-10 Operational Plan.

This result is encouraging demonstrating that Services Performance was 4% above the quarterly target of 25% at this stage of the year. The contributing factors to this result are summarised in the table below.

Table 2 : Services Performance Summary for September Quarter 2009

AMBER SERVICE PERFORMANCE GREEN RED Completed (Attention Totals SUMMARY (On Target) (At Risk) Required) SERVICES OVERALL 46 - - 46 (excluding Controlled Entities) (100%)

1 161 3 • Tasks - 165 (<1%) (98%) (<2%) • Key Performance 194 3 2 199 Indicators (KPIs) (97%) (2%) (1%) 22 80 4 - • Capital Projects (21%) (75%) (4%) 106 6 83 3 - • Operating Projects (7%) (90%) (3%) 92

Totals 29 518 13 2 562

Analysis of Results

Table 2 shows that all 46 Council services performed well and were “On Target” as at 30 September 2009. This result is was due to: • 98% of Tasks Completed or On Target • 97% of KPIs were On Target • 96% of Capital Projects were Completed or On Target, and • 89% of Operating Projects were Completed or On Target.

It is generally the case that for the first quarter in any Operational Plan year that most reporting elements would normally be “on track” especially given that a large number of projects are phased for completion in the remaining nine months of the year. It is encouraging to see so many completed items in the first quarter.

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Completed Task and Projects

A positive result coming from Table 2 is the identification of 29 tasks and projects that were completed within the quarter. Some of the key projects and tasks are listed below:

Key Task or Project Commentary Completed Implementation of the Over 50,000 organics collection services were provided with organics collection and approximately 3,500 tonnes of organic material collected for composting service composting in the first six weeks. This material has an approximate implemented (Waste contamination level of 12%. Management Service) A major highlight during this quarter was the official opening by the Mayor of the Yoorami out of school hours building in Werrington. This is a purpose-built demountable building adjoined to the long day New building for Yoorami care facility as this site now provides a ‘one stop shop’ for care for OOSH at Werrington children 0-12 years. The old cottage on the site which had previously catered for the school age children has now been demolished. The new facility will enable the service to meet out of school regulations when introduced and the National Accreditation Standards. Rural Roads Widening A total length of 1.2km of Eighth Ave was resurfaced with asphaltic Program concrete. One new shelter was installed at St Clair and three shelters were Bus Shelters Program installed at Penrith railway station under the Section 94 program. Cranebrook Skate Park was completed with the official opening in Cranebrook Skate Park October. Enhancements under Federal Government funding included installation of a fountain, landscaping and new paving. The entrance was given decorative treatment, new pathways were laid, various trees were removed and new feature trees were planted. New Victoria Park, St Marys shade shelters were built and dilapidated seating was replaced with new park seats. Funded under the Regional and Local Community Infrastructure Program (Federal Government) this included the installation of a 2.1 metre high security fence, replacement of soft fall, installation of a Namatjira Neighbourhood shade structure, removal of trees and some landscaping. The internal Centre refurbishment work included the installation of air conditioning, a commercial oven, renewed toilet facilities and purchase of new chairs and curtains. This project was also funded under the Regional and Local Community Infrastructure Program (Federal Government) and includes both internal and external refurbishment work. The internal Arthur Neave Memorial work included the refurbishment of the toilet facilities for the main Hall hall, new window coverings and installation of air conditioning. The external work includes installation of a 2.1m high fence, some landscaping to alleviate risk of injury from uneven surfaces and installation of a shade structure to enable outdoors activities.

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Key Task or Project Commentary Completed New fencing has been installed at the Penrith Senior Citizens Centre, which aims to prevent loitering and antisocial behaviour in the Penrith Senior Citizens grounds of the centre and enhance safety for users. This project was Centre funded under the Federal Government Local Infrastructure Program, following recommendations from a Community Safety Audit held in the Penrith CBD area. This project was funded under the Regional and Local Community Infrastructure Program (Federal Government) and included external and internal work. The external work included the installation of a 2.1 metre high security fence, relocation and repairs to the existing play Emu Plains Community equipment, new soft fall, turf, removal of exposed tree roots and Centre installation of a shade structure. The internal work included the refurbishment to the toilet facilities, installation of a commercial oven (with minor modifications to the kitchen bench), installation of air conditioning and the purchase of new curtains and chairs The inaugural Family Fun Day was held and attracted approximately 2,000 people to the Penrith Civic Centre to learn about the services that Council provides to the local community. Formerly known as Open day that had been held for the last ten years, this new event was Council Open Day held entirely outside and focused on those services that have a direct impact on local residents. The day also included entertainment and activities for the whole family and featured for the third year running a 'mock' Council meeting headed by the Junior 'Mayor for the Day'. 14 chosen 'junior councillors' selected from schools across the city. A feasibility study was prepared by an external consultant to provide an assessment of a potential expansion of the Penrith Recycled Water Scheme. It includes comment on regulatory requirements, water quality, guidelines and potential customers, and has been prepared in Penrith Recycled Water conjunction with a preliminary design to allow an indicative estimate Feasibility Study of costs. The study includes discussion on benefits, future expansion, potential health and environmental impacts and concludes with a statement of measurable outcomes. The feasibility study supports an application for a funding grant from the Department Environment Water Heritage and the Arts.

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Exception Reporting

A total of 15 Tasks, KPIs and Projects in 9 services were identified in the Services Performance Summary (Table 2) as being an “Amber” Traffic Light “requiring attention” or a “Red” Traffic Light “at risk” of not being delivered or “not achieved this quarter”. A complete listing, sorted by individual service, is provided in the table below with commentary/remedial action also provided.

Traffic Measure Result Target Comment / Remedial Action Light City Parks Operating Project: AMBER Tree Replacement - (Attention 0% 5% Tenders to be called in 2nd quarter. Spotted Gum 5 Year Required) Program High level of customer demand due to KPI: unfavourable weather conditions. All tree preservation RED This KPI measurement will be amended to (Not order inspections carried 52% 100% better reflect current workloads and achieved) out within 10 working resourcing. An improved system for days management of data is being developed. Customer Service This quarter the abandoned call rate is 4.15% which is marginally higher than the industry best practice rate of <4%. Due to the introduction of Council’s new waste service during this period there was a 20% KPI: increase from the corresponding period in Customer Service Less 2008 in the total number of calls received than 3% of telephone RED which affected the abandoned call rate. (Not calls to Council 4.15% <3% This KPI is to be reviewed to reflect achieved) abandoned. current practices. In the interim additional (Industry best practice Information and Customer Relations staff <4%) have been trained in the use of the switchboard to cope with the significant increase in the number of calls resulting from the introduction of the new waste service. Design and Project Management AMBER Capital Project Following the finalisation of grant funding (Attention Great River Walk Stage 0% 25% this project is scheduled to commence Required) 6 - West Bank early 2010.

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Traffic Measure Result Target Comment / Remedial Action Light Council has received a draft funding agreement from the Federal government and is awaiting confirmation of changes to the project scope and funding arrangements. The project will be AMBER Operating Project: delivered in 2 stages with the Southern (Attention CUA Stadium Stage 3 - 5% 25% Stand facilities to be completed in the Required) Southern Grandstand 2009-10 financial year and the Cricket Pavilion to be completed by September 2010. The timing of funding received is crucial to meeting these delivery target dates. Revised tender documentation due to AMBER Capital Project: design changes are currently being prepare (Attention Penrith Station 10% 25% at which time a new open tender will be Required) Commuter Carpark advertised. A request for additional funding is to be recommended in a report to Council in November. Project proceeding as per revised time schedule and costs. Delays have occurred to original program due to changes to scope, site conditions and wet weather. When the contractor commenced AMBER Capital Project: work on-site in July 2008, the construction (Attention Pen Valley Cultural 50% 50% program indicated a completion date of 10 Required) Precinct (MP) (RV) July 2009. Since then there have been a number of claims for extension of time that has extended the date for Practical Completion to the end of January. The delays primarily resulted from wet weather, changes to scope and the discovery of contaminated and unsound material on-site. Task: AMBER Develop agreed Due to staff shortage, this task will be (Attention standards for 0% 25% progressed later this year. Required) sustainability building and design criteria Emergency Management PROPOSED REVOTE Advice from the NSW SES indicated that funds were available under its Vehicle Subsidy program for purchasing new Capital Project: emergency response vehicles. AMBER Purchase SES Consequently, following a report to (Attention Emergency Response 0% 25% Council, a Vehicle Subsidy Application Required) Vehicle was made for the purchase of a new $68,256 Emergency Response Vehicle for the Penrith SES. However, recent verbal advice from the SES indicated that the number of applications received from

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Traffic Measure Result Target Comment / Remedial Action Light councils was greater than anticipated and funds under this program are no longer available for 2009-2010. The SES have advised that funding is approved for the 2010-2011 financial year. A revote of the funding is required. Information Technology Task: Establish and grow the capacity of Review of existing content management AMBER Council to use system required. (Attention innovation, technology 10% 25% Significant additional resources are Required) and Council’s website in required to complete this project. engaging our communities Neighbourhood Facilities Management KPI: More than 85% of The 2009 customer survey indicated a AMBER residents satisfied with substantial drop for this KPI. This will be (Attention 72.7% >85% the condition of investigated during the neighbourhood Required) community halls and facilities review implementation. centres. KPI: More than 85% of The 2009 customer survey indicated a AMBER residents satisfied with substantial drop against this KPI. This will (Attention 72.6% >85% the provision of be investigated during the neighbourhood Required) community halls and facilities review implementation. centres. Note: The 2009 customer survey showed a 9% reduction in the satisfaction rating for the condition of community halls and centres and a 11% reduction in the satisfaction rating for the provision of community halls and centres.

Recreation Planning and Advocacy @Leisure has been appointed as consultants to undertake the Sportsground Management Strategy. Research, facility AMBER Operating Project: 100% audits and consultation have been (Attention Sportsground 60% by Oct undertaken. However, the project has been Required) Management Strategy 2009 delayed by the unexpected length of time it has taken to undertake the audit of floodlights. The conclusion of the project is not expected until the end of December. Risk Management Task: Research and develop an Delayed due to commitments to OHS AMBER approach to a standard improvement program. Research will (Attention 0% 25% project management commence in second quarter of this Required) model for all Council financial year. projects

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Traffic Measure Result Target Comment / Remedial Action Light Waste Management The diversion rate takes into account KPI: contamination levels and waste processed AMBER More than 66% of through UR-3R.The diversion level should (Attention 53% >66% domestic waste diverted increase after commencement of the Required) from landfill per annum promotion and education program in the 2nd quarter.

Progress for each of these exceptions listed above will continue to be monitored and remedial action taken to return these to a “Green” traffic light “On Target” status where possible.

Financial Position

$000’s Original Budget Position Surplus/(Deficit) Nil

Less: September Review variations (262.5) Revised Surplus/(Deficit) (262.5)

The more significant variations (F – favourable, U- unfavourable) proposed for the quarter include: $000’s Rates 641.8 F Salary Savings 227.3 F Transfer to ELE Reserve (227.3) U Contribution to Penrith Whitewater Stadium (398.9) U Penrith Valley Cultural Precinct (560.0) U

The predicted cumulative result for the year as at September is a deficit of $262,522 after the recommended variations for the quarter. These adjustments together with proposed minor variations, revotes, and reserve movements are detailed in Attachment A ( 2009-10 Operational Plan – Services Performance and Financial Review Summary). Commentary is provided below on the more significant issues in the review.

Rating Income- increase of $641,847 New valuations were received for the St Marys release area, Glenmore Park Stage 2 and South Werrington release area following the rezoning of these areas. Rates growth from these release areas together with other property development around the city, re-categorisation of properties and projected growth for the remaining part of the year has increased the rates budget by more than $1.028 million.

The rates abandonments budget requires an increase of $120,000. Some farmland properties in the new release areas required $107,000 to be abandoned as farmland rates cannot be increased by more than 20% on an annual basis. This year will be the final year that this legislation will be in place. A further $69,000 was abandoned following the sale of the Air

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Services land to National Parks which made the property non-rateable. A resolution by Council will be required to abandon these rates which total $176,000. Council is able to increase rates next financial year by these amounts over and above the Minister’s permissible increase.

An increase in the doubtful rates budget of $32,463 is required as outstanding rates for four properties have been identified as being unlikely to be recovered. These properties are low in value and three of the properties are owned by companies that have been wound up.

Pensioner rebates provided in 2009-10 have increased by $110,000. This increase in Pensioner rebates has been partly offset by an increased contribution by the State Government of $60,500 (55% of the value of rebates provided). This has resulted in a net loss to the pensioner rates budget of $49,500.

In addition the estimate for the annual valuation fee has been increased by $33,409 to reflect advice received of the actual 2009-10 fee.

Overall the rates budget for 2009-10 has increased by $641,847.

Salary Savings - $227,292 During the first quarter of 2009-10 salary savings have eventuated due to vacancies across a number of departments. The majority of the vacant positions are in the process of being filled. It is recommended that some of the identified salary savings be retained in the individual departments to enable the engagement of consultants or temporary staff to ensure delivery of key Operational Plan tasks and projects. It is proposed to transfer the balance of these salary savings to the Employee Leave Entitlements (ELE) Reserve.

Transfer to Employee Leave Employee Leave Entitlements (ELE) Reserve - $227,292 As part of the June 2009 end of year review $600,000 was transferred from the ELE Reserve to partly offset the impact increases in costs relating to the resignation/retirement of a number of long-serving employees and the increasing leave balances across the organisation which required an additional $2.3m compared to budget in 2008-09 meaning the Reserve held the equivalent of 15.7% of entitlements at this time. Council policy is to maintain an amount of 20%, averaged over three years, of leave entitlements (excluding annual leave) in the ELE Reserve.

A strategy was developed incorporating known and probable retirements to bring the Reserve back to the agreed 20% over the next three years. This strategy involved a transfer to the Reserve of $200,000 in the current 2009-10 Operational Plan, and the inclusion of an annual transfer to the Reserve of $300,000 in the 2010-11 and 2011-12 budgets.

During the first quarter of 2009-10 a number of areas across Council have identified salary savings resulting in savings of $227,292. It is proposed to accelerate the strategy developed by transferring these savings to the ELE reserve which would bring the total transfer to the ELE Reserve for 2009-10 to $427,292. Following these transfers the ELE Reserve is estimated to be approximately 17.45% of leave entitlements.

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Contribution to Penrith Whitewater Stadium (PWS) - $398,948 Penrith Whitewater Stadium (PWS) has requested assistance in relation to their increased Workers Compensation premium. Recent changes to the calculations regarding grouped employer for workers compensation purposes has resulted in PWS being charged $374,352 as a premium for 2009-10. Without the grouping the premium calculation would be $25,970, a difference of $348,382. The premium has increased substantially this financial year due to a single workers compensation claim that has been ongoing over a number of years. If the claim is resolved in 2009-10 there may be potential for a reduction in the premium paid. In addition, PWS have received adjustment premiums for 2005-06, 2007-08, and 2008-09 which represent increases of $12,178, $16,329, and $22,059 respectively over the non-grouped premium.

This is the first time that PWS has requested assistance in the 10 years that the centre has been operational. This assistance is proposed to provide the difference of $398,948 between the premium that PWS would be due to pay compared to the premium that has been charged under the ungrouped employer calculation.

Penrith Valley Cultural Precinct - $560,000 A request for additional funding for this project has been received. Details relating to the budget overrun of this project are the subject of a separate report included in the Business Paper for tonight’s meeting. The report outlines that additional funds are required to be allocated to the project to cover the cost of variations that have exceeded the contingency allowance. It is recommended, as part of the September Review, that an additional allocation of $560,000 be made to this project with any savings on completion to be returned to general revenue.

Other variations with no impact on Surplus

Childcare Links Project $100,356 (Grant funded) The Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) has approved an extension of the Childcare Links Program for a two year period to 30 June 2011. This has resulted in the allocation of additional grant funding of $100,356 for 2009-10. This funding is aimed at improving the health and well-being of young children by strengthening the resilience of their caregivers by using child care services to foster the development of child-friendly communities.

Pre-Schools - DOCS Grant Funding $468,519 Additional grant funding of $468,519 has been provided to Council Pre-Schools in 2009-10 under the Department of Community Services Resource Allocation Model 2. This funding is intended to enhance access to Pre Schools particularly for Indigenous Children, children from low income families and children from culturally and linguistically diverse (CALD) backgrounds. While Council’s scheduled fee will remain unchanged, this additional government funding will be applied to reduce fees for applicable families across Council’s Pre-School Services.

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Road and Footpath Restorations Expenditure/Income $140,000 Service authority and private restoration income for the quarter has exceeded expectations. The income is offset against additional expenditure required for the requested works. The majority of the additional income relates to major restoration works at Links Road performed by contractors.

Traffic and Transport Facilities Program - $115,000 To date Council has submitted seven applications for various projects to be funded through the Roads and Traffic Authority (RTA). Of these seven applications, Council has been successful in securing 100% funding for five of these projects.

In previous years Council has received funding of $115,000 from the RTA towards the Traffic and Transport Facilities program which has a total budget of $245,192 in 2009-10. Due to Council’s success rate in relation to other grant applications, the RTA has not approved Council’s $115,000 grant for the Traffic and Transport Facilities program for this financial year. The remaining $130,192 will be allocated to projects as prioritised on Council’s list of Traffic and Transport Facilities projects.

National Blackspot Program - $135,309 It is proposed to transfer $135,309 from Road Resealing/Resheeting (general revenue funded) to the National Blackspot -Castlereagh Street roundabout projects. The project cost for the roundabout has exceeded the original estimate due to the need for additional work which was not identified initially. This work includes: major services relocation work by Integral Energy, Optus and Sydney Water , additional footpath repair work due to the modification of existing drainage pits, and installation of RTA approved fence for pedestrian safety.

Penrith CBD High Pedestrian Activity Area - $560,000 Following consultation with Council’s Urban Design team it was determined that in order to improve the overall appearance of the project to include urban design treatments and materials such as Porphyry Stone and exposed aggregate the budget would need to be increased significantly. It is proposed to increase the project budget by $560,000 bringing the total cost to $850,000.

Funding for this increase has been proposed from a number of sources:- • $210,000 from the Roads Reconstruction Program (general revenue funded) • $150,000 from Civic Improvements Section 94 Plan • $180,000 from RTA Funding • $20,000 form LTC/Urgent Traffic Facilities Program (general revenue funded)

The redirection of $210,000 from the Roads Reconstruction program is possible as the responsibility for the Londonderry Road project will be transferred to the RTA as the road is being reclassified as a regional road in the near future.

Plant Replacement - $136,255 The budget for the purchase of plant in 2009-10 is proposed to be increased by additional plant sales of $136,255 that occurred during 2008-09 and were subsequently transferred to plant replacement reserve. Plant replacement is funded by a combination of sales and general

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revenue and often plant sales and purchase of replacement plant does not occur in the same financial year.

Property Development (Reserve) Major budget variations proposed to the Property Development Model in the September Review are as follows:

The project for Dunheved Road Link has been delayed due to delays in reaching agreement with Delfin Lend Lease over development and sale of land within the precinct. The expenditure on this project has been reduced by $450,000 as it will not be spent in 2009-10 and is now reprogrammed to 2010-11.

An adjustment to the budgeted sale price of land at the Great Western Highway Kingswood as reported to 7th September 2009 Ordinary Council Meeting.

Council had estimated to receive proceeds from the sale of a road closure application for part of Lenore Lane, Erskine Park. The adjoining owner engaged a developer to purchase their property and lodged a development application. The developer did not proceed with the purchase of the property and consequently the road closure application cannot proceed. The income is proposed to be transferred to next year’s budget on the basis that the future development may progress with another developer.

Revotes There is one adjustment to planned capital works funded proposed for adoption this quarter:

Purchase of SES Emergency Response Vehicle - $68,256 (funded by $58,256 contribution, $10,000 sales) In a report to Council on 3 August 2009 Council approved the purchase a new emergency response vehicle for the Penrith State Emergency Service (SES) through grant funding from the NSW SES. NSW SES has now advised that while the subsidy to Council has been approved, the funding will not be available until the next financial year. The project is now proposed to be revoted to 2010-11.

Long Term Financial Model At the Councillor Briefing on 21 September 2009 a presentation was made outlining Council’s Long Term Financial Plan including predictions provided by the Long Term Financial Model (LTFM). Since then a number of key factors have been updated in the Model including additional rating income through rates growth and re-categorisations reported in this review and the revised model was presented to a Briefing 23 November 2009. The ongoing impact of the additional rates income coupled with the predicted growth in rates revenue, confirmation of the 2009-10 base budget, revision of indexation factors, and employee costs have resulted in the LTFM now predicting a surplus for 2010-11 followed by a number of years in deficit. Over the next ten years the annual average surplus is a little over $100,000. This can easily be eroded by relatively small changes in the rate of development or slight increases in employee or other operational costs and should not be relied upon to provide additional funding for future priorities. A review of the assumptions used in the LTFM is currently underway as part of the 2010-11 budget preparation process and the LTFM will be updated and reported to Council early in the new year.

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Consolidation of Services The original 2009-2010 Operational Plan adopted on 29 June 2009 identified 51 Council (internal and external) services of which 48 services plans were provided with the remaining three services identified as controlled entities (Penrith Whitewater Stadium, Penrith Performing and Visual Arts Service and Ripples - St Marys Leisure Centre) which are governed and reported separately to the normal quarterly review process.

However since July, a number of service consolidations and changes to service titles have since taken place, as a result of the organisational restructure and the services review process. The overall number of services for this quarterly review has therefore decreased to 46 with the changes listed below:

• The “Design” and “Project Management” services consolidated into the “Design & Project Management” service. • The “New Urban Areas Planning” service and the “Planning Policy and Places” services consolidated into the “City Planning” service. • The “Sustainability Planning and Coordination” service renamed to the “Sustainability Planning” service. • The “Traffic and Parking Management” service renamed to “Traffic Management and Road Safety” service. Additional service amendments are forecast in subsequent quarters as a result of the ongoing Services Review process including the integration of the Traffic Planning and Advocacy Service into the Traffic Management and Road Safety Services in the December quarter.

Conclusion The 2009-10 Operational Plan September Quarter review indicates that the performance of Council Services is “on track” in order to meet Council’s challenging annual program despite the ongoing financial challenges faced.

The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any section of this report or the separately distributed Services Performance and Financial Review Summary Report.

The review documents will be placed, in full, on Council’s website, as well as being made available to the public in hard copy and CD versions on request.

RECOMMENDATION That: 1. The information contained in the report on 2009-10 Operational Plan - September Quarter Review be received. 2. The 2009-10 Operational Plan Review as at 30 September 2009, including the revised estimates identified in the recommended budget, be adopted. 3. The recommended consolidation of Services and changes to Service names in the report be adopted.

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4. Rates Abandonments of $176,000 for 2009-2010 be written off

ATTACHMENTS/APPENDICES There are no attachments for this report.

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2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008

Compiled by: Allegra Zakis, Local Plan Team Leader Matthew Rose, Temporary Senior Environmental Planner Authorised by: Paul Grimson, Sustainability & Planning Manager

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future Strategic Direction: We build our future on the principles of sustainability, and understand and respond to the effects of climate change on our region

Executive Summary At the Policy Review Committee meeting of 21st October, 2009 Council resolved to adopt a number of changes to draft Penrith Local Environmental Plan 2008 but also to defer a number of matters for further briefing. The outstanding matters discussed in this report are the land proposed to be zoned E3 Environmental Management; land proposed to be zoned E4 Environmental Living; the Llandilo Fruit Shop; Castlereagh Township; and the extent of the Scenic and Landscape Values Mapping on land at Elizabeth Drive, Badgerys Creek.

The concerns with the E3 zone relate only to land in Luddenham, and the implications that an ‘environmental’ zone will have for future development potential of this area. It is recommended that this land be deferred to allow investigation of alternate rural zones. The outstanding issues with the E4 zone relate to land in Castlereagh and Cranebrook, and specifically the most appropriate location for the boundary between the proposed RU4 Rural Small Holdings zone and the proposed E4 Environmental Living zone. It is recommended that all land proposed to be zoned E4 Environmental Living in Castlereagh and Cranebrook (north of Cranebrook Rd) be deferred to allow more targeted community consultation and to determine the most appropriate location for this boundary.

There are also concerns with the E4 Environmental Living zone in Mt Vernon and Capitol Hill, primarily relating to the permissibility of detached dual occupancy development. Currently Capitol Hill is the only place in the City where detached dual occupancy is permitted on lots of less than 2 hectares. Draft LEP 2008 will allow secondary dwellings in rural and environmental zones but will not permit the construction of two large dwellings on less than 2 hectares of land. No change is recommended to this provision.

The Llandilo Fruit Store currently operates as a fruit and vegetable store only, but due to the limitations of the Standard Instrument a provision was exhibited which would allow a neighbourhood shop on this site. Legal advice had indicated this would, rather than allowing a minor increase in the current operation, effectively allow a new shop to establish in addition to the fruit and vegetable store. As this is not considered a desirable outcome, it is recommended that the listing for this site be removed from Schedule 1, allowing the current use to continue with existing use rights.

Concerns were raised with the potential for the listing of the Castlereagh Township as an archaeological site to impact on development costs and sale of property. Provisions have

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been developed which ensure this listing does not require any up front studies to occur, minimising any impact on development costs. It is also recommended that specific wording be developed for section 149 certificates for land in this area which clarifies the limited effect of the listing for potential purchasers.

Similarly, concerns have been raised with the potential for the Scenic and Landscape Values Map to affect development along Elizabeth Drive, Badgerys Creek, particularly as this land has been identified as part of the Western Sydney Employment Lands Investigation Area. The effect of this map, however, is to require that measures be taken to reduce the visual impact of development, not to prevent development. The controls will be reviewed should the land be rezoned for employment purposes.

The report recommends that the changes outlined in the report and the associated Attachment be endorsed, to allow those changes to be made to draft Penrith Local Environmental Plan 2008. Only once the outstanding matters are resolved can the plan be finalised.

Background At its meeting of 21 October 2009, the Policy Review Committee considered a report on the submissions received in response to the exhibition of draft Penrith Local Environmental Plan 2008 (LEP2008) and draft Amendment No.1 to Penrith Local Environmental Plan 1991: Environmental Heritage (LEP1991). At this meeting, the Committee resolved to defer a number of matters to allow for further briefing. These matters were: 1. All land within draft LEP 2008 proposed to be zoned E3 Environmental Management; 2. All land within draft LEP 2008 proposed to be zoned E4 Environmental Living; 3. The Llandilo Fruit Shop; 4. The proposed listing of the Castlereagh Township as an Archaeological Site; 5. The proposed listing of 14, 16 and 18 Pages Rd, St Marys as Heritage Items; and 6. The extent of the Scenic and Landscape Values Mapping on land at Elizabeth Drive, Badgerys Creek

A separate report in this business paper discusses the proposed listing of 14, 16 and 18 Pages Road, as these items are part of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation). All other issues are discussed below. A summary of recommendations for all issues covered in this report appears as Attachment 1.

E3 Environmental Management zone Under the Standard Instrument, there are a total of six rural zones and four environmental zones which can be used across the state, of which two are unsuitable for Penrith. This leaves eight zones (of which only 4 are rural) to cover the 10 land use designations adopted under the Rural Lands Strategy. This has created a need to apply ‘environmental’ zones to some areas of rural land to reflect the specific characteristics and/or historical land use patterns associated with that land. Additional objectives and uses have been drafted for these zones to reflect the fact that they are applying, primarily, to rural land.

The E3 Environmental Management zone has been primarily applied to land designated Rural Conservation (Landscape). This designation was mostly applied to the Mulgoa Valley, though it was also used elsewhere in the City with similar land use characteristics. Council has received submissions objecting to the E3 Environmental Management zone in Luddenham, outside the area presently covered by Sydney Regional Environmental Plan No.

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13 (Mulgoa Valley). The primary concern raised in these submissions is that the word ‘environmental’ in the zone title will prejudice the consideration of this land as urban land in any future environmental planning instrument. Some of the submissions request that the land be zoned as RU1 Primary Production, others request RU2 Rural Landscape, whilst others request that it be zoned RU4 Rural Small Holdings.

The E3 Environmental Management zone applies to the subject area because of its similarities with the Mulgoa Valley, particularly with regard to landscape character and lot size. There are, however, also some similarities with land to the east of the subject area that will be zoned RU2 Rural Landscape and the southernmost lot has similar characteristics to the RU1 zone to the south. Differences are predominantly in lot size, with the lots zone RU2 generally larger. This is particularly relevant given that the RU2 Rural Landscape zone permits a number of uses that may potentially have a high impact on amenity. These uses include crematoria, schools, places of public worship, resource recovery facilities and waste or resource management facilities and are prohibited within the E3 Environmental Management zone.

As the key focus of the objections has been on the zone title, the potential impact from changes in permissible land uses have not been considered in detail. Landowners may not be aware of the range of uses permissible in the RU1 Primary Production zone and the RU2 Rural Landscape zone. If the zone is to be changed, then the most appropriate zone needs to be determined with reference to character, lot size and land capability. Any change would also require re-exhibition, which should occur as part of draft LEP 2010. This will allow appropriate public consultation. Accordingly, it is recommended that this area be deferred, and an alternative zone or zones be investigated through an examination of the surrounding zones.

Other areas in the City proposed to be zoned E3 Environmental Management include: • Mulgoa Valley: There were no significant objections raised to the land use provisions within or the title of the E3 Environmental Management zone from residents within Mulgoa Valley. The Mulgoa Progress Association also gave its support for the zone. • Fernhill: The Fernhill estate is within the Mulgoa Valley and hence predominantly zoned E3. Draft LEP 2008, as exhibited, removes a dwelling right from some properties in the north of the estate. It is recommended that the boundary between the E3 Environmental Living and the E2 Environmental Conservation zone in this area be modified to retain a dwelling right on these properties. • Land on the southern and western bank of the Nepean River, between the river, the Emu Plains Correctional Centre and Boral: Council received one submission requesting a change in the minimum lot size from 20 hectares to 2 hectares. However, as all of the land is flood prone it is not suitable for further subdivision. All of the currently carried out uses can continue with the benefit of existing use rights. No change to draft LEP2008 is required. • Land along the Eastern Escarpment: The E3 Environmental Management zone applies to a number of lots along the Eastern Escarpment because the land is constrained due to the slope and bushfire risk. Some of the sites are also visually prominent. The application of the E3 Environmental Management zone reflects the Rural Conservation (Landscape) designation contained within the adopted Rural Lands Strategy.

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E4 Environmental Living zone Castlereagh and Cranebrook The most significant concerns regarding the application of the E4 Environmental Living zone relate to the suburbs of Castlereagh & Cranebrook (north of Cranebrook Rd) which are designated Rural Living (2 hectares) under the Rural Lands Strategy. Council has received a large number of submissions regarding the E4 Environmental Living zone, some of which support the zone, and some of which object to it. Objections were primarily based on the perceived drop in land value and reduced purchaser market if the potential to carry out agriculture was lost. Support for the zone was primarily based on the reduction in land use conflict and negative amenity impacts which currently arise from agricultural uses, including dust, noise and traffic.

The eastern section of this area has a higher percentage of agricultural and commercial uses, including market gardens, plant nurseries, horse breeding and training establishments. In contrast, the western section along the escarpment is predominantly rural-residential in nature (84% of properties do not have agriculture uses). This difference in character, combined with the ecological and aesthetic values associated with the escarpment above the Lakes, resulted in a recommendation that the area to the east be deferred, and re-exhibited as RU4 Rural Small Holdings and the area in the west retain the E4 Environmental Living zoning.

There are, however continued objections to the E4 Environmental Living zone across the entire area being driven by a number of landowners in the Eastern Area who have stated that they represent all of the landowners. A petition against the E4 zone was submitted to the October 2009 Policy Review Committee Meeting. A copy of the information provided to people to help inform their decision to sign the petition was not provided, casting doubt on the robustness of the petition. Nevertheless, signatories to this petition represented 33 of the 161 properties located within the Western Area, which is 19%.

The critical analysis that Council has conducted into the differences between the two areas indicates that a revised land zoning that applies both the RU4 Rural Small Holdings zone and the E4 Environmental Living zone to this area is appropriate. The exact makeup of these two zones however may still require some additional investigation. Given the conflicting messages being received from the community, it is also clear that a targeted, specific consultation process needs to be undertaken to clearly understand the expectations and aspirations of all members in the community.

Accordingly, it is recommended that the entire area proposed to be zoned E4 in Castlereagh / Cranebrook (north of Cranebrook Rd) be deferred from LEP2008, to allow for a more detailed and specific community consultation program to occur. This will inform the location of the zone boundary between the E4 Environmental Living and RU4 Rural Small Holdings zones.

Mt Vernon and Capitol Hill Mt Vernon and Capitol Hill are rural residential subdivisions with a prevailing lot size of 1 hectare. The two suburbs are designated Rural Living (1 hectare) by the Rural Lands Strategy. Council did not receive any objections to the name of the zone or the land use table from landowners within these suburbs. There are, however, two outstanding issues relating to Capitol Hill.

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Council received a submission from Mr Seraglio who owns a large lot in Capitol Hill that has been approved for subdivision into 1-hectare lots, but has not yet been physically subdivided. The submission requests that ‘agriculture’ be listed as a permissible use in Schedule 1: Additional Permitted Uses of draft LEP2008. This will allow the current agricultural uses (that is tree farming, cattle grazing and irrigated crops) to continue. This is the only instance in which agriculture would be appropriate in the two suburbs. As the agriculture use will cease as the land is subdivided, it is more logical to include it as a permissible use for this site than it is to change the zone. This will prevent the need for any rezoning exercise once the subdivision occurs.

Council has also received a number of submissions from residents of Capitol Hill objecting to the fact that draft LEP 2008, as exhibited, will prohibit dual occupancy development on lots of less than 2 hectares. Currently, there is a minimum standard of 2 hectares for detached dual occupancy which applies across all rural areas except Capitol Hill. Dual occupancy cannot currently be subdivided in the rural areas, and will not be able to be subdivided under draft LEP 2008.

The key impact of increasing density in rural areas is the cumulative impact of on site effluent disposal systems. Council’s Environmental Health Officers agree it is technically possible to accommodate two effluent disposal systems on one hectare, however there are strong concerns about maintenance and ongoing effectiveness of the systems when other development on lots is carried out. The new SEPP for Exempt and Complying Development will allow, without consent, a number of uses which could significantly decrease the utility of the system, depending on their location on the block. These uses include patios, garages, carports, driveways and above ground swimming pools.

Draft LEP 2008 will still allow the construction of two dwellings on a block of less than two hectares, however the second dwelling must fit within the definition of “secondary dwelling”. A secondary dwelling is a second, self contained dwelling on a site which can be either attached or detached from the primary dwelling. The key limitation is size – secondary dwellings must be no more than 60 sqm or 10% of the combined floor area of both the primary and secondary dwelling. The effect of this restriction is to allow a dwelling which increases in size with the size of the main dwelling to a maximum of approximately 110sqm. This floor area can potentially accommodate a three bedroom house, excluding a garage.

In order to ensure that landowners understand that a second, detached dwelling is still permissible it is proposed to prepare a fact sheet which will explain how to calculate the permissible floor area and some sample dwelling designs. As the majority of submissions received reference a desire to construct dual occupancy to accommodate family members, in many cases a secondary dwelling will be sufficient.

Allowing a detached dual occupancy on lots of 1 hectare in Capitol Hill is an anomaly, which either needs to be extended across the entire city or removed from the plan. Given the concerns about effluent disposal for two large dwellings on a 1 hectare block, it is recommended that the anomaly be removed from the plan and the restriction on dual occupancy to lots of 2 hectares or larger remain.

In addition to the areas discussed above, a number of other areas across the City are proposed to be zoned E4 Environmental Living. These include

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• Twin Creeks: A separate report on Twin Creeks is provided elsewhere in this Business Paper. • Land to the east of Mulgoa Village: This area has generally been developed for rural residential purposes, taking advantage of its location on the outskirts of Mulgoa Village. Council did not receive any objections to the E4 Environmental Living zone and no change is recommended. • Land facing the Driftway, to the east of Castlereagh Road: The adopted Rural Lands Strategy designates the site as Rural Living (1 hectare). Council did not receive any objections to the E4 Environmental Living zone and no change is recommended. • Land in Cranebrook, south of Cranebrook Rd: This land is designated as Rural Living (1ha). Although submissions were received from landowners in this area, they generally related to requests for a reduction in minimum lot size. This has been addressed in Discussion Papers previously presented to Council, and is not supported. • Land to the west of The Northern Rd, between The Northern Road and Glenmore Park: Although this area is not included in the Rural Lands Strategy, it has a rural- residential land zoning under Local Environmental Plan 1998: Urban Land. The most appropriate translation of the current zone for is the Environmental Living zone. The landowners objected to this for a number of reasons, including the fact that there is a current Site Compatibility Statement for Seniors Living applying to the site. The proposed E4 zone is consistent with Council’s long held planning policy for the area and it is not recommended that it should change. However, it is recommended that the site be deferred from draft LEP 2008 to enable the landowners to pursue development under the Site Compatibility Statement without the difficulties arising from a non-conforming zone.

Llandilo Fruit Shop The fruit store in Llandilo has been operating for close to 20 years. It originally commenced operation as a roadside stall and its size and the range of goods sold have grown over time. Clause 41 of Local Environmental Plan 201 Rural Lands currently applies to this site and allows a fruit and vegetable store with a maximum floor area of 150 square metres (not including the bulk storage area) that can sell only fruit and vegetables, and as an ancillary use, bread, milk, cigarettes, confectionary, soft drinks, fruit juice, flowers, potted plants, pasta, eggs and honey. Since the introduction of these provisions in 1992, the landowner has, on numerous occasions, applied to increase both the range of goods sold and the size of the store. The owner’s challenges against the local environmental provisions in the Land and Environment Court have so far been unsuccessful.

There is no way replicate the provisions currently applying to the site under the Standard Comprehensive LEP Template. The most appropriate definition under the Template is ‘neighbourhood shop”, which is defined as a “retail premises used for the purpose of selling foodstuffs, personal care products, and other small daily convenience goods for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank, newsagency or dry cleaning.”

Penrith draft LEP 2008 zones the site as RU4 Rural Small Holdings. As a neighbourhood shop is not permissible in this zone, the exhibited plan listed “neighbourhood shop” as an additional permissible use for this site. Clause 5.4 of draft LEP 2008 limits the floor area of neighbourhood shops to 200 square metres. The change in definition and associated

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provisions of draft LEP 2008 as exhibited represent an increase in the range of goods and floor space over that which is currently permissible.

Both Mr Agostino, the owner of the Llandilo fruit store, and the Fabiano family, the owners of the Llandilo General Store, lodged objections to the provisions of draft LEP 2008 as exhibited. Mr Agostino objected on the basis that the proposed planning controls, principally the 200 square metre maximum floor area, would place significant economic hardship on the owners. Mr Fabiano indicated that he did not support the use of the site as a general store/neighbourhood shop as it will affect his business. He does not believe the population of Llandilo has increased significantly to justify having two general stores within close proximity of each other. Mr Fabiano does not object to the use of the site as a fruit and vegetable store.

It was originally recommended that this site be deferred from draft LEP 2008 to allow more time to negotiate a solution; however, the Department of Planning has strongly indicated that the deferral of issues may delay or even prevent the plan from being made. Draft LEP 2008 therefore needs to include provisions relating to this site. There are three possible options for these provisions: 1. Apply draft LEP 2008 as exhibited, which will allow a neighbourhood shop of up to 200sqm. This will allow an expansion in the range of goods sold and the size of the store. 2. Continue to list the site in Schedule 1 as a neighbourhood shop, but limit the floor space to 150sqm. 3. Remove this site from Schedule 1, which will mean that the current fruit and vegetable store can continue to operate under existing use rights.

Legal advice has raised concerns with listing the site in Schedule 1 to allow a neighbourhood shop as it is highly likely that this would in fact permit the establishment of an entirely new operation, in addition to the fruit and vegetable store. This is certainly not the intention of listing the site in Schedule 1, nor is it a desirable situation. It is therefore recommended that the listing for this site in Schedule 1 be deleted, which will have the effect of allowing the current operation to continue under existing use rights.

Castlereagh Township The draft Heritage Study 2007 recommends the listing of Castlereagh township given the outstanding association with key colonial era administrators and pioneers. Governor Macquarie selected the site of Castlereagh in 1810 and revisited the surveyed site in 1811 and again in 1815, inspecting the completed schoolhouse and parsonage. The site helps to demonstrate colonial era land management practices and is significant because it was the first town reserve in the Nepean Region. The township also has high aesthetic values, including the tree cemetery reserve, bushland setting of the road reserves and views to distant historic homesteads and sites.

In 2010, Australia will be celebrating the 200th anniversary of the swearing in of Lachlan Macquarie as Governor of New South Wales on 1 January 1810. The 200th anniversary of his order to survey and lay out the town of Castlereagh will occur during December 2010. Formally recognising the Castlereagh Township as an archaeological site is a clear step in promoting the history of the city and will help protect the remaining subdivision layout and road pattern as well as provide a level of protection for any archaeological artefacts that may remain in the area.

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The Department of Planning’s Standard Instrument provides three mechanisms to protect heritage items, places or sites – listing as a heritage item, identification as a Heritage Conservation Area or identification as an Archaeological site. Council is unable to change the names of these categories or create additional ones.

The proposed listing of the Township as an archaeological site, in combination with appropriate controls in the draft Development Control Plan, presents the most balanced option of protecting the township and any artefacts. The draft controls recognise the fact that the township was not fully developed and do not require any heritage analysis to support a development application. The draft controls require consented work to cease only if an artefact is found, and heritage analysis would only be required in response to a direction from the NSW Heritage Branch following its assessment of the significance of the discovered artefact. This option provides appropriate recognition for the township, but has the least impact on property owners wishing to develop their land.

The draft development control plan will also be amended to include less onerous archaeological investigation controls for Castlereagh Township, meaning that there will be no up-front costs associated with the listing in the preparation of a development proposal. In addition, specific wording will be developed for section 149 certificates for properties within the township, which clearly explains that the listing as an archaeological site does not limit development, or require any up front studies to be carried out.

Scenic and Landscape values along Elizabeth Drive Draft LEP 2008 introduces a Scenic and Landscape Values Map that applies to land which is visually prominent from main roads or other public places. Some landowners along Elizabeth Drive have expressed concern about the Scenic and Landscape Values Map; particularly in the context of restrictions on development should the land be rezoned for employment purposes as part of the Western Sydney Employment Lands Investigation Area (WSELIA). They have requested the removal of the Scenic and Landscape Value Map from their properties, or at the least, a substantial reduction in its extent.

Clause 6.5 of draft LEP 2008 applies to land affected by the Scenic and Landscape values map, and requires that, prior to granting development consent, Council is satisfied that measures have been taken, “…including in relation to the location and design of the proposed development, to minimise the visual impact of the development from major roads and other public places.”

The Scenic and Landscape values provisions do not act to prohibit development, and are imposed in relation to the current rural context of the area. Any future review of the land use, including any outcomes of the State Government planning investigations for the WSELIA, would also require review of the applicable controls, including the scenic and landscape values. It is more appropriate that the extent of the area shown on the map be reviewed when any future change to land uses as part of the implementation of WSELIA are known. Given that there is currently no public timeframe for the studies to be conducted, any review of the controls in draft Penrith LEP 2008 to respond to WSELIA would be highly premature, and based on supposition rather than fact.

Accordingly, no change is recommended to the Scenic Character and Landscape Values Map.

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Next Steps The issues outlined in this report represent the outstanding issues from the public exhibition of draft Penrith Local Environmental Plan 2008. A summary of the individual recommendations relating to land in the E3 Environmental Management zone and E4 Environmental Living zone, Llandilo Fruit Store, Castlereagh Township and the Scenic and Landscape Values Map appears as Attachment 1. Once these recommendations are adopted the final changes to the draft plan can be made.

Conclusion Responding to the issues raised in the public exhibition of draft Penrith Local Environmental Plan 2008 has been a significant task that has taken ten months. The issues raised were often complex, and in several cases generated significant controversy within the community. It is important to remember that with a plan which covers the range of areas and issues that are encompassed by draft LEP 2008 there will always be issues which are not resolved to the satisfaction of all parties. Council has an obligation to plan for the future community as well as current residents, and as such needs to make decisions based on sound reasoning. Council has the opportunity to review plans if it becomes clear that the character of an area is not developing as expected, or moves away from the character anticipated by the zone.

Draft Penrith LEP 2008 represents the implementation of the Rural Lands Strategy, adopted by Council in 2003. Although the focus has been on those issues where the community or individual landowners have expressed concern with the draft plans, in many cases residents have been waiting for years for the Rural Lands Strategy to be implemented. Council is now receiving submissions objecting to the length of time it has taken for the change in provisions foreshadowed by the Rural Lands Strategy to come into force.

Draft Penrith LEP 2008 cannot progress until the final outstanding matters are resolved. Elsewhere in this Business Paper is a report which recommends that the changes foreshadowed by the recommendations are made to the draft plan, and that it is subsequently forwarded to the Minster for gazettal. A number of matters will be deferred to draft Penrith LEP 2010 (Stage 2) allowing greater investigation prior to recommending a solution. It is critical that all remaining matters are now determined, in order to allow the Local Plan process to continue.

RECOMMENDATION That: 1. The information contained in the report on Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 be received. 2. The recommendations included in the Attachment to this report be adopted.

ATTACHMENTS/APPENDICES 1. Summary of Recommendations 8 Pages Appendix

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Attachment 1

Summary of Recommendations relating to outstanding issues from the public exhibition of draft Penrith Local Environmental Plan 2008.

• E3 Environmental Management zone • E4 Environmental Living zone • Llandilo Fruit Store • Castlereagh Township • Scenic and Landscape Values along Elizabeth Drive

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Introduction

This document summarises the recommendations which relate to matters arising from the exhibition of draft Penrith LEP 2008 that were not finalised at the Policy Review Committee Meeting of 21 October 2009, and the subsequent Ordinary Meeting of 9 November 2009.

Chapter 1 Rural Land Use Zones

Submission Nos. 317; 321; 327; 339; 340; 343; 355-358; 373; 378; 381; 383; 407; 433-435; 637, 647 (total 20); Application of the E3 Environmental Management zone outside the Mulgoa Valley Proposed amended recommendation: 1. That part of Luddenham exhibited as E3 Environmental Management be deferred from the draft plan, and a suitable zone be determined following an investigation of the surrounding zones. 2. The application of clause 6.12 Mulgoa Valley be modified to conform with the boundary of SREP 13. 3. The properties listed as part of the Mulgoa Irrigation Canal archaeological site in the Environmental Heritage Schedule of draft LEP 2008 in this area, being Lot 6 DP 249113 and Lots 13- 16 DP 252072, be deferred to draft LEP 2010. (Note: amendments to draft Penrith DCP 2008 will be made requiring less onerous archaeological investigations).

Submission No. 326; 910-948 and 850-882 Mulgoa Road, Mulgoa Proposed Recommendation: No change to draft Penrith LEP 2008 is recommended.

Submission No. 413a; Lot 2 Lapstone Place, Leonay Proposed Recommendation: That an area of approximately 2ha in the vicinity of Lapstone railway station, as proposed in the submission, be zoned E3 Environmental Management, with the remainder of Lot 2 DP 242718 zoned E2 Environmental Conservation.

Submission No. 413b; 25-27 Old Bathurst Road, Emu Heights Proposed Recommendation: No change to the draft LEP or DCP is recommended.

Submission No. 421; 2–24 St Thomas Road, Mulgoa Proposed Recommendation: No change to the draft LEP is recommended.

Submission No. 438; Mulgoa Creek Proposed Recommendation: No change to the draft LEP is recommended.

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Submission No. 440; 1006 Mulgoa Road, Mulgoa Proposed Recommendation: No change to the draft LEP is recommended.

Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa Proposed amended recommendation: 1. That the areas shaded dark green (conservation area), light green (passive regeneration area) and light blue (assisted regeneration area) in Figure 2 of the Vegetation and Fauna Management Plan be zoned E2 Environmental Conservation, with the remainder of the land zoned E3 Environmental Management. 2. That the site not be included in Schedule 1 of the LEP. 3. That both Lot 1 DP 996994 and Lot 1 DP 1035490 be listed in the Environmental Heritage Schedule of draft LEP 2008. 4. That the southern leg of St Thomas Road be retained in the Environmental Heritage Schedule of draft LEP 2008. 5. That Lot 2 DP 570484, 121-131 St Thomas Road, Mulgoa be zoned E3 Environmental Management.

Submission No. 591; ‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa Proposed Recommendation: 1. That the riparian complex of River Flat Eucalypt Forest and Swamp Oak Floodplain Forest be zoned E2. 2. That the area circled in blue in figure 4 be zoned E2. 3. That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land. 4. That the area circled in red in figure 4 be zoned E3. 5. That the remainder of the site, not identified in the areas above, be zoned E3. (Note: Figure 4 refers to the figure on page 42 of Chapter 1 of the Discussion Paper enclosed to Policy Review Committee meeting report of 13 July 2009).

Submission Nos. 63; 192; 230-231; 277; 282; 292; 298; 300- 301; 303-308; 313-316; 318; 320; 322; 344; 349; 353; 359- 361; 372; 384-386; 391-393; 400; 412; 416; 419-420; 432; 445; 452; 458-460; 464; 474; 488; 511; 549-550; 553; 561; 569-570; 572-573; 578-581; 593-594; 623-624 (total 67 object) and 328- 334; 346; 369; 414; 436-437; 444; 551; 576-577 (total 16 support); E4 Zone – Castlereagh & Cranebrook

Proposed amended recommendation: 1. That area of Castlereagh and Cranebrook proposed to be zoned E4 Environmental Living be deferred from draft LEP 2008, to determine the most appropriate location for the zone boundary. 2. Investigate including the corridor land zoned RE1 along South Creek and Ropes Creek in Schedule 1 to allow agriculture with consent, for exhibition in Stage 2 of the draft LEP.

Submission Nos. 366; 367; 450; Chain-O-Ponds Rd, Mulgoa Proposed Recommendation: No change to draft Penrith LEP 2008 is recommended.

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Submission No 448; 2075-2113 The Northern Road and 1-29 Bradley St Glenmore Park

Proposed amended recommendation: That the land zoned E4 along The Northern Road Glenmore Park be deferred from the draft Plan and reinserted into draft Local Environmental Plan 2010 (Stage 2) without a change in the zoning.

Submission No. 575; 1348-1350 Mulgoa Rd, Mulgoa Proposed Recommendation: No change to the draft LEP.

Submission No. 1; Rural and Environmental zones Proposed Recommendation: No changes be made to the draft LEP for schools, tertiary institutions, places of public worship or child care centres.

Submission No. 312 Proposed Recommendation: That: 1. Further discussions take place with the Department of Planning to determine whether workplace training centres, private colleges and community colleges are covered by the definition of ‘educational establishment’ or whether changes can be made in the next review of the standard LEP template. 2. Controls, relevant legislation, background information and figures be inserted/amended in the relevant sections of Chapter D5 of the DCP as indicated in the table above. 3. The Local Plan Team continue to work with Development Services to determine whether the following controls should be included in the draft DCP: a) Minimum frontage and site area for places of public worship; b) Requirements for residential accommodation associated with places of public worship; and c) Buffer zones for telecommunications facilities.

The definition of ‘accumulative building footprint’ should also be clarified.

Chapter 2 Rural subdivision

Submission No.s 190; 205; 290; 293; 461 and 545; Crane Place, Cranebrook

Proposed Recommendation: Further liaison be undertake between the landowners, Council officers, Sydney Water and the Department of Planning to determine whether the landowners are willing to undertake the necessary studies and therefore whether further subdivision in this area can be serviced or supported. No change to the plan is recommended.

Submission No. 405; 155A Vincent Rd, Cranebrook Proposed Recommendation: No change to the draft LEP.

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Submission No. 454; Riverside Road, Emu Heights Proposed amended recommendation: That the minimum lot size map be varied to permit the proposed subdivision.

Submission No. 158; Lots 12-45 Littlefields Rd, Mulgoa

Proposed Recommendation: No change to the draft LEP.

Submission No. 194; 255-279 Fairlight Road, Mulgoa Proposed Recommendation: No change to the draft LEP

Submission No. 456; 842-848 Mulgoa Road, Mulgoa

Proposed recommendation: Retain the proposed zoning for Site A (842-848 Mulgoa Road, Mulgoa – Lot 201 of DP804405 & Lot 22 of DP537922), but amend the minimum lot size map for the site to 20- hectares. No changes to the draft plan are required with respect to Site B (752A Mulgoa Road, Mulgoa – Lot 28 of DP752044).

Submission No. 468; 126-130 Littlefields Road, Mulgoa Proposed Recommendation: No change to draft Penrith LEP 2008.

Chapter 3 Rural land – other issues

Environmentally Sensitive Land Cranebrook / Castlereagh Submission Nos. 16-17; 23; 33; 63; 146-148; 156; 161; 165; 189; 192; 201-202; 214- 218; 230-231; 277; 282; 285; 287-288; 292; 295; 298; 300-301; 303-310; 313-316; 319-320; 322; 341; 344-345; 349; 353; 359-361; 372; 376; 382; 384-386; 393; 408; 412; 415-416; 419-420; 432; 445; 452; 458; 464-465; 474; 488; 511; 532; 549-550; 553; 561-562; 572-573; 578-581; 593-594; 623-624 (total 93);

Proposed amended recommendation: That part of Castlereagh and Cranebrook proposed to be zoned E4 Environmental Living be deferred from draft Penrith LEP 2008, to allow the most appropriate location for the zone boundary to be determined.

Proposed amended recommendation: That the extent of ESL hatching on land at 83 Taylor Road be amended.

1-4 Old Bathurst Road, Emu Plains Submissions received: 6, 7, 8, 11, 22, 26, 27, 166, 200, 203, 204, 206, 233, 269, 270, 274, 275, 276, 278, 279, 280, 284, 291, 297, 350, 404, 422, 455, 495

Proposed amended recommendation: That portion of the site proposed to be zoned E4 Environmental Living be deferred from draft LEP

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2008 to allow for completion of the flood modelling, and an appropriate zoning regime be exhibited as part of draft LEP 2010.

Flood Planning Land Proposed Recommendation: That: 1. Flood planning land maps be revised as part of Stage 2 of the LEP process, to address inclusion of all land known to be flood affected, and apply a freeboard of 0.5 m. 2. Draft Penrith DCP 2008 be amended to include a map of flood liable land (all land affected by the probable maximum flood).

Requests rezoning to mix of RU5, B4, E4 and IN1 zones Submission No. 390 Proposed Recommendation: No change be made to the draft LEP at this time.

Wallacia Golf Club Submission No. 249; Corner Mulgoa Road and Park Street, Wallacia Recommendation: No change be made to the draft LEP.

Llandilo Fruit and Vegetable Store Submission Nos. 336-338, 469 and 482; 312 Third Avenue, Llandilo Proposed amended recommendation: That Schedule 1 of draft LEP 2008 be modified to remove the listing for this site.

Rural Truck Keeping Submission No.s 379, 380, 387, 388, 425 – 431, 483, 493, 494, 546, 548, 552, 554, 555, 557 – 560, 564, 570, 583 – 588, 590, 598 – 601, 603, 626 – 632, 634 and 635 Proposed Recommendation: Schedule 2 Exempt Development be amended to include the keeping of up to two trucks or plant in the RU1, RU2, RU4, E3 and E4 zones.

Dual Occupancy in Mt Vernon and Capitol Hill Submission Nos. 463, 568, 582, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622 (total 22)

Proposed amended recommendation: No change to the draft LEP. Draft DCP 2008 be amended to ensure that they are consistent with draft LEP 2008 with regard to dwellings on land affected by the 25 ANEF contour.

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Fernhill Estate, Mulgoa Submission No. 470; Fernhill Estate, Mulgoa

Proposed amended recommendation: 1. Amend the boundary between the E2 and E3 zones on Lot 2 DP 211795, Lot 12 DP 610186, Lots 1-4 DP 260373 and Lot 31 DP 237163 as shown in Figures 2 and 3 of Attachment 4 to the Policy Review Committee meeting report of 21 October 2009. 2. Amend the minimum lot size map to restore subdivision rights currently available under SREP 13. 3. Consider any adjustments to the environmentally sensitive land map, the scenic and landscape values map and the heritage map when further detailed studies are provided for the “holistic heritage and land release proposal for Fernhill ”. 4. Ensure Lot 5 DP 23781 near the corner of Mayfair Road and Mulgoa Road is not included in the curtilage for Fernhill.

Chapter 5 Heritage Items

Archaeological Site, Castlereagh Township Submission No’s 18, 282, 353, 363, 412, 419, 464 & 553 Proposed Recommendation: No change is recommended to the heritage listing of the Castlereagh Township as an archaeological site, but amendments, to the draft Penrith DCP 2008, that require less onerous archaeological investigations for this area are recommended.

Submission No 159; Winbourne, Mulgoa Proposed Recommendation: Schedule 5 of the draft LEP 2008 should be amended to identify this item as having ‘Local Significance’ only.

Submission No’s 168, 198, 248 and 268; Mulgoa Irrigation Scheme (Dam & Irrigation Channels) Proposed Recommendation: The property located at Lot 7 DP1046980 should be removed from the Environmental Heritage Schedule, whilst all of the other properties should be retained.

Submission No. 421 – Mulgoa Valley Final Recommendation: That the listing of Cox’s Cottage, Mulgoa within the draft LEP 2008 is extended to include Lot No. 4 of DP241971 (2-24 St Thomas Road).

Submission No. 476: Former Mulgoa Road Alignment Proposed Recommendation: The local heritage listing is retained - assisting the Council in meeting its commitment to support the conservation and enhancement of the heritage of the City.

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Ordinary Meeting 30 November 2009 Appendix 1 - Summary of Recommendations

Submission No 656: Cox’s Cottage, Mulgoa Proposed Recommendation: That the listing of this item within the draft LEP 2008 is extended to include Lot No’s 2 and 4 of DP241971 (1012-1026 Mulgoa Road and 2-24 St Thomas Road respectively).

Submission No. 636: Department of Education & Training Proposed Recommendation: No changes to the draft LEP 2008 are required.

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3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

Compiled by: Allegra Zakis, Local Plan Team Leader Matthew Rose, Temporary Senior Environmental Planner Authorised by: Paul Grimson, Sustainability & Planning Manager

Executive Summary Draft Amendment No. 1 to Local Environmental Plan 1991 (Environmental Heritage Conservation) (LEP1991) was exhibited during October-December 2008 as part of the suite of Stage 1 Planning documents. The proposed amendment brings the plan in line with the heritage provisions in the Department of Planning’s Standard Local Environmental Plan Template and updates the schedule of listed heritage items, heritage conservation areas and archaeological sites to reflect the findings of the draft Heritage Study 2007 (the Study).

Council’s draft Heritage Study (prepared between 2004 and 2007) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in LEP1991. The amendment lists a total of 149 Heritage Items, 5 Heritage Conservation Areas and 5 Archaeological Sites. This amendment, if gazetted, will ensure that heritage conservation provisions are consistent across the City and that all significant items, conservation areas and archaeological sites are protected.

One of the more contentious issues that arose from the exhibition of the draft amendment is the proposed listing of 14, 16 and 18 Pages Road, St Marys. The property owners have made a number of submissions in response to the exhibition of the draft plan and have addressed Council meetings with their concerns.

The current recommendation to list 14, 16 & 18 Pages Road within LEP1991 is strongly supported by the available heritage information and the independent heritage assessments commissioned by Council. The studies and assessments confirm that the properties are all significant because they help to demonstrate the early phases of the development of St Marys with the construction of outlying working class cottages presumably associated with one of the number of industries located in St Marys. The heritage significance of the properties is strengthened by their existence as part of a group of similar buildings.

Whilst the property owners have, on a number of occasions, questioned the process that has led to the recommended listing of the properties, they have not provided any heritage-based evidence that suggests that the properties are not worthy of listing. It is therefore recommended that the proposed listing of the properties is retained in the draft amendment to LEP1991.

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Background At its meeting of 21st October 2009, the Policy Review Committee considered a report on the submissions received in response to the exhibition of draft Penrith Local Environmental Plan 2008 (LEP2008) and draft Amendment No.1 to Penrith Local Environmental Plan (Environmental Heritage Conservation) (LEP1991). At this meeting the Committee resolved to defer a number of matters to allow for further briefing. These matters were: 1. All land within draft LEP2008 proposed to be zoned E3 Environmental Management; 2. All land within draft LEP2008 proposed to be zoned E4 Environmental Living; 3. The Llandilo Fruit and Vegetable Shop; 4. The proposed listing of Castlereagh Township as an Archaeological Site; 5. The proposed listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items; 6. The extent of the Scenic and Landscapes Values Mapping on land at Elizabeth Drive, Badgerys Creek.

A separate report in this business paper discusses items 1 through to 4 and 6, as these items are part of draft LEP2008. The proposed listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items is discussed below.

Introduction Council’s draft Heritage Study (prepared between 2004 and 2007) (the Study) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in Council’s draft LEP2008 or the draft Amendment to LEP1991.

The authors of the Study followed the Local Government Heritage Guidelines (2002) (the Guidelines) provided by the Department of Planning’s Heritage Branch. The Study examined both existing and potential new items. The recommendations within the Study are based on facts and the robust and consistent assessment of items against the criteria listed in the Guidelines. The Study consists of three volumes:

1. The Study Report 2. Thematic History 3. Locality Profiles

The Thematic History Volume is structured on the themes established by the Department of Planning’s Heritage Branch and provides the context within which the heritage significance of an item can be understood, assessed and compared.

Council exhibited draft LEP2008 and the draft amendment to LEP1991 between October and December 2008, with submissions formally accepted until 30 January 2009. A number of submissions were received in response to the proposed listing of heritage items, heritage conservation areas and archaeological sites. The submissions either objected to or supported the listings proposed in the exhibited draft documents. The content, and therefore the strength, of the submissions varied and included opinions, anecdotal evidence, clarification of certain issues and heritage based evidence.

Although detailed reports from professional heritage consultants accompanied some of the submissions, it was not necessary for property owners to commission such reports to argue against the listing of a property. In some cases Council also needed to corroborate the

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information provided by some of the submissions and commissioned an independent heritage consultant to conduct a review of the information and reassess the significance of the proposed item.

Council Officers presented the results of the exhibition of the draft plans to Councillors as a series of briefing sessions that culminated in the presentation of the Discussion Paper to the Policy Review Committee at its meeting on 13 July 2009. A number of property owners addressed this meeting, restating their concerns with the proposed listings. The Policy Review Committee resolved to defer its consideration of the draft plans to allow Council Officers to carry out a further consultation exercise with the people who addressed the meeting.

Between July and October 2009 Council Officers met with the people who addressed the Policy Review Committee Meeting to discuss their outstanding concerns and allow the consideration of any further information they wished to provide. The Policy Review Committee’s decision to defer consideration of the draft plans also allowed time to commission further professional and independent reviews of the significance of a number of the proposed items.

Council Officers presented the results of the further consultation exercise and reviews to the Policy Review Committee at its meeting on 21 October 2009. The number of property owners that addressed this meeting with outstanding concerns about the listing of items within the draft plans had significantly reduced. This reduction highlights the effectiveness of the further consultation exercise and the robustness of the further reviews. The listing of 14, 16 and 18 Pages Rd, St Marys is now the only outstanding issue in relation to draft Amendment 1 to Penrith LEP 1991 (Environmental Heritage Conservation).

The Proposed Listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items Council received a submission from the owner of 14 Pages Rd, St Marys and a submission from the owners of 16 and 18 Pages Rd, St Marys. The submissions objected to the proposed listing of the properties as heritage items within LEP1991. The owners of 16 and 18 Pages Road addressed the July Policy Review Committee Meeting, restating their concerns with the proposed listing of the two properties.

Council Officers met with the owners of the properties during September 2009 in an attempt to resolve any outstanding concerns. All three of the properties were also subject to a further, independent review by a heritage consultant who found they had a level of heritage significance and recommended that the properties were worthy of listing in LEP1991.

Despite the efforts of Council Officers to resolve the property owner’s concerns during the September meetings and the results of the independent review, the family that owns 16 and 18 Pages Road made an additional submission objecting to the proposed listing of the two properties. Council received this submission on the morning of the October Policy Review Committee Meeting, well outside of the timeframe Council had set for responses to the exhibition of the draft amendment to LEP1991. The owners of all three properties also addressed the October Policy Review Committee Meeting raising a series of questions.

The remainder of this report addresses the questions raised by the property owners that are directly relevant to the proposed listing of 14, 16 and 18 Pages Road, and which have not

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already been answered in the reports presented to Council’s Policy Review Committee at its July and October meetings. Answers to the questions are grouped into the following themes: • Assessing the significance of the properties; • Property values; • The cost of owning a heritage item; • Perceived restrictions on owners of heritage items; • Comparison of the two properties with other heritage items; • Conservation of the two properties; and • Consideration of recent development applications to demolish proposed heritage Items.

Assessing the Significance of the Properties: The current recommendation to list 14, 16 & 18 Pages Road within LEP1991 is strongly supported by the available heritage information and the independent heritage assessments commissioned by Council. The available information includes the draft Heritage Study 2007 (three volumes); a review of the initial heritage assessment (which was provided by the draft Heritage Study), 2009; and the St Marys Industrial Heritage Study, 1987.

The studies and assessments confirm that the properties are all significant because they help to demonstrate the early phases of the development of St Marys with the construction of outlying working class cottages presumably associated with one of the number of industries located in St Marys at that time. The heritage significance of the properties is strengthened by their existence as part of a group of similar buildings.

The draft Heritage Study and the review of the heritage significance of the three properties were undertaken by independent consultants who have based their work and the recommendation to list the properties on the general context of what is known about the development of St Marys and the physical evidence expressed in the architecture of the buildings. The consultants have interpreted this information using both their skills and experience.

At the time of writing this report, none of the submissions currently before Council have included heritage-based evidence that suggests that the properties are not worthy of listing in LEP1991.

Property Values: The property owners have stated that the listing of the properties will reduce their value. There are, however, a number of studies available that demonstrate that property values are not negatively affected by heritage listing (that is, the impact has been neutral or positive). The research carried out for the studies suggests that other factors such as location, general amenity, level of ethnicity, crime and the condition of a dwelling are greater influences on property value than heritage designation.

The Cost of Owning a Heritage Item: The property owners have advised that they consider the cost of maintaining, repairing and insuring the properties will increase in response to the heritage listing. The information available to Council suggests that this is not the case.

The draft amendment to LEP1991 does not require property owners to maintain and repair the heritage items listed within it. The minimum standards of maintenance and repair listed in the Heritage Act 1977 only apply to heritage items listed on the State Heritage Register. The properties are not proposed to be listed on the State Heritage Register.

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A representative of the Insurance Council of Australia has advised that insurers are obliged to consider a heritage item in the same light as any other property, that is an ‘assessment of risk’. Insurance premiums are calculated on the risk of claims, so the age, construction and condition of buildings determine the premium, regardless of whether the building is listed or not. Put simply, if a building is not maintained properly, it is a poor risk and will have a high premium.

Although full Land Tax and Local Rates will be levied on any properties that are listed in LEP1991, the owners of listed properties can request (from the Valuer-General) a ‘heritage adjusted valuation’ for the purpose of land tax and local rates. Such valuations are designed to ensure that any valuation of a property is made on an existing development basis rather than on any presumption of future development. The process of applying for a heritage- adjusted valuation is not a process that documents property devaluation, but rather an option that an owner of a heritage item can take as an incentive for maintaining the property in its current or restored condition.

Perceived Restrictions on Owners of Heritage Items: The property owners are concerned that the listing of the properties within LEP1991 will impose restrictions on the use or alteration of a heritage item. This is not the case. LEP1991 does not impose restrictions on the use or alterations of a heritage item. Instead, it provides the regulatory framework within which any change must be assessed, requiring development consent for, amongst other things demolishing or moving a heritage item; altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior; and altering a heritage item that is a building by making structural changes to its interior.

LEP1991 requires the consent authority to consider, before granting consent to development affecting a heritage item, the effect of the proposed development on the heritage significance of the heritage item concerned. Council already considers a number of matters when determining development applications, for example transport, infrastructure, environmental considerations, amenity etc. In the case of any proposed works to a heritage item, this consideration of matters will extend to include the effect of the proposed development on the heritage significance of the heritage item. If Council determines that an application has sufficient merit, there is no reason for consent to be withheld.

The listing of a heritage item does not preclude the redevelopment or adaptive re-use of a heritage item. Nor does it prevent the demolition of a heritage item. Not only is there a separate process in place whereby a property owner can apply for the removal of a heritage item from a local environmental plan, the demolition of a property can also form part of any development application.

Chapter 5: Heritage of the Discussion Paper (Pages 11-12) provides a bullet point list of the benefits of a heritage listing. One of the points highlights the flexible use of heritage items for any purpose, including those not ordinarily permitted within the underlying land use zone or outside of the normal development controls applying to the land. The draft amendment to LEP1991, based on the Department of Planning’s Standard Local Environmental Plan Template, contains a specific clause giving effect to this benefit.

Comparison of the two Properties with other Heritage Items: The additional submissions provided by the owner of 16 & 18 Pages Road raise concerns that other properties with

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similar characteristics to 18 Pages Road are not being listed in LEP1991. These properties include 55 Brougham Street, Emu Plains and 227 Seventh Avenue, Llandilo.

Whilst the physical description of 55 Brougham Street, Emu Plains is similar to 18 Pages Road, St Marys, the listing of a heritage item is not made solely on the basis of its physical condition. There are a number of documents available that provide the context for the heritage of St Marys, these include the draft Heritage Study – Volume 2: Thematic History (2007) and the St Marys Industrial Heritage Study (1987). The information within these documents has been used to support the listing of 18 Pages Road, St Marys despite its current condition. The same information is used to support the listing of 14 and 16 Pages Road.

In addition, the heritage significance of 18 Pages Road, St Marys is strengthened because it forms part of a group of 19th Century cottages (14, 16, 18 and 31-33 Pages Road, St Marys) that, as a group, are rare in the local area. 55 Brougham Street, Emu Plains is an individual property.

The proposed recommendation to remove 227 Seventh Avenue, Llandilo from Penrith Local Environmental Plan 2008 (Stage 1) is based on the deterioration in its condition since the draft Heritage Study 2007 was completed. Although the Heritage Study reported that the property was in ‘fair condition’ in 2006, the submission provided by the property owner in 2008 demonstrated that the condition of the property had changed from ‘fair’ to ’very poor’ because of severe and chronic termite attack, weathering and vandalism.

Consideration of Recent Development Applications to Demolish Proposed Heritage Items: The owners of 16 and 18 Pages Road have raised concerns that Council is removing proposed items from the draft amendment to LEP1991 to allow it to grant development consent for demolition.

The proposed recommendation to remove 108 Forbes Street, Emu Plains from the draft Amendment to Local Environmental Plan 1991 is a result of Council’s determination to grant consent for the demolition of the property. The proposed heritage item has not been removed from the draft amendment to LEP1991 to allow consent to be granted.

Council seeks to retain and, where necessary, improve heritage items that are subject to a development application through the use of the heritage incentive clause. However, if Council considers a development application that will result in the demolition of a heritage item to have sufficient merit, then Council can approve that application.

Conservation of the Properties: The Australia International Council on Monuments and Sites (ICOMOS) charter for the conservation of places of cultural significance (the Burra Charter) states, at Article 9, that:

The physical location of a place is part of its cultural significance. A building, work or other component of a place should remain in its historical location. Relocation is generally unacceptable unless this is the sole practical means of ensuring its survival.

Some buildings, works or other components of places were designed to be readily removable or already have a history of relocation. Provided such

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buildings, works or other components do not have significant links with their present location, removal may be appropriate.

If any building, work or other component is moved, it should be moved to an appropriate location and given an appropriate use. Such action should not be to the detriment of any place of cultural significance.

As mentioned previously, Council seeks the retention and, where necessary, the improvement of heritage items through the use of the heritage incentive clause. Only when the options to redevelop the site using the heritage incentive clause are exhausted, would Council consider the merits of relocating or demolishing the properties. This issue is a matter that would require more detailed consideration at a stage when re-development of the site is being proposed.

Next Steps The listing of 14, 16 and 18 Pages Rd, St Marys is the final outstanding issue from the public exhibition of draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation). Once the recommendation included in this paper is adopted, the final changes to draft Amendment No.1 to LEP1991 can be made.

Conclusion Responding to the issues raised in the public exhibition of the draft amendment to LEP1991 has been a significant task that, in combination with the issues raised in response to draft LEP2008, has taken ten months to complete. The issues raised were often complex, and in several cases generated significant controversy within the community. It is important to remember that because of the range of the area and the issues covered by the two plans, there will always be issues which are not resolved to the satisfaction of all parties. Council has an obligation to plan for the future community as well as current residents, and as such needs to make decisions on sound reasoning. The recommendations that are now before Council attempt to resolve the community’s relevant outstanding concerns. The thorough, iterative process outlined in this report, which considered a large amount of evidence from a number of sources, forms the basis of the recommendations in relation to this plan and Council can now be confident with the decisions it takes.

The draft Amendment to LEP1991, in combination with the draft LEP2008 represents the implementation of the draft Heritage Study 2007 (the Study). The Study provides a comprehensive review of the heritage items and places within the City, is based on specific facts and the robust assessment of items and places against a strict and consistent set of criteria and provides the information needed for the decisions on whether heritage items or places should be included in LEP1991 or LEP2008. These two plans, along with the City Centre LEP2008, list most of the heritage items, heritage conservation areas and known European Archaeological sites in the City.

Listing heritage items, heritage conservation areas and archaeological sites recognises their heritage significance and importance as elements in our cultural landscape. It is a mark of the community value that acknowledges the contribution they make to the evidence of the history of the Penrith Local Government Area. Heritage items, areas and sites document who we were, who we are now, and tell us about what we may become. Buildings and other places are the spaces in which cultural change happens. They also provide material evidence of

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The draft Amendment to LEP1991 cannot progress until this final outstanding issue is resolved. Elsewhere in this Business Paper is a report which recommends that the changes foreshadowed by the recommendations are made to the draft amendment, and that it is subsequently submitted to the Department of Planning with a request that the Minister make the plan.

The detailed and independent assessments that Council has commissioned, which are supported by the information provided within two separate studies, provide confirmation that the three properties are worthy of listing in the draft Amendment to LEP1991. There is no heritage-based evidence before Council that suggests that the properties are not worthy of listing in LEP1991. The consideration of all of the relevant issues raised by the owners of the properties also demonstrates that there will be little impact on the owner’s enjoyment or use of the properties.

It is therefore recommended that 14, 16 and 18 Pages Road, St Marys are listed in Schedule 1: Environmental Heritage, of draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation).

RECOMMENDATION That: 1. The information contained in the report on Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received. 2. House Numbers 14, 16 and 18 Pages Rd, St Marys, be retained in Schedule 1 of draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).

ATTACHMENTS/APPENDICES There are no attachments for this report.

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4 Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham

Compiled by: Allegra Zakis, Local Plan Team Leader Authorised by: Paul Grimson, Sustainability & Planning Manager

Executive Summary Council resolved to exhibit amended provisions for the Twin Creeks estate in Luddenham on 7 September 2009. The key effect of these provisions was to include a known Priority Conservation Area within the E2 Environmental Conservation zone; increase the permissible lot yield for the site, reduce the minimum lot size in some areas and clarify the area where lots under 1500 sqm would be permitted. Four submissions were received in response to the exhibition, two from State Government Departments, one on behalf of the developer and one on behalf of an individual landowner.

Minor changes to the plan are recommended to incorporate the comments from the government departments and the developer. The private landowner is seeking to subdivide his land into 1500sqm lots, even though his block is not within the area where it was intended to permit smaller lots. It is not recommended that this submission be supported.

Background The land knows as Twin Creeks estate at Luddenham was included in the public exhibition of draft LEP 2008. The exhibited provisions proposed to zone the land E4 Environmental Living, with a maximum yield of 222 lots. Lot sizes varied from 1500sqm in the centre of the estate, with 4000sqm across the majority of the estate and much larger lots in the south west. Submissions to the plan regarding these provisions from residents within the estate objected to the reduction in lot size to 1500sqm, on the basis that they had bought into the estate with the understanding that all lots would be 4000sqm or larger. A number of submissions were received from the developer, the most recent requesting that the requirement for larger lots in the south west of the estate be removed, and that the overall lot yield limitation be either removed completely, or raised to 285. The submission also requested that a number of additional uses be listed in Schedule 1, to make them permissible on this site.

On 7 September, 2009 Council considered a report on amended planning controls Twin Creeks. These provisions had the effect of: a) increasing the overall permissible number of lots in the estate to 285; and b) imposing a minimum lot size across the estate of 4000sqm, except within a defined area close to the proposed community facilities where lots sizes can be reduced to 1500sqm; and

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c) requiring that lots that have boundaries with rural properties consider the interface between those rural properties and the rural residential estate, and the potential for land use conflict; and d) making development for the purposes of hotel and motel accommodation, neighbourhood shops and recreation facilities (outdoor) permissible with consent. e) rezoning land within the estate identified as a Priority Conservation Area to E2 Environmental Conservation

The minimum lot size map applying to the estate was also modified to clarify exactly where the 1500sqm lots were to be located. This was in accordance with the wishes expressed by several residents and landowners, who wanted to be sure that there would be no additional 1500sqm lots over and above the 54 permitted by the originally exhibited provisions.

At the meeting of 7 September Council resolved to defer part of this estate from draft Penrith Local Environmental Plan 2008 to allow the amended provisions to be exhibited. The exhibition commenced on Tuesday 22 September 2009 and concluded on Tuesday 20 October 2009.

Results of public exhibition A total of four submissions were received in response to the exhibition, two from Government Departments, one on behalf of the developer and one from a landowner within the estate. Each submission is discussed below:

Department of Industry and Investment – Mineral and Energy Division The requirement for lots in the southern part of the Twin Creeks estate to have a minimum area of 4ha stemmed in part from a concern from the then Department of Primary Industry that a denser settlement pattern would impact on potential extractive resources in this area. Accordingly, they were specifically requested to comment on the draft LEP which reduces the lots sizes in this area.

The Department of Industry and Investment – Minerals and Energy Division is the organisation now responsible for primary industry, including extractive industry. Their submission raised no objection to the draft LEP, stating that the “Minerals Division does not anticipate that the proposed modifications to provisions relating to the Twin Creeks estate will restrict mining or quarrying operations in the region.” The submission did, however, note that any residential development near potential odour sources, such as poultry farms, should be designed based on an odour impact analysis to minimise land use conflict.

The exhibited changes to the draft LEP include a requirement that the size and layout of lots which adjoin rural land consider the potential for land use conflict. There are no uses in the area adjoining where it is proposed to reduce the minimum lot size that are likely to cause significant amenity issues. Any future proposed uses will need to be assessed in the context of the existing development. No changes to the exhibited provisions of the draft LEP are considered necessary.

Department of Environment, Climate Change and Water The Department of Environment, Climate Change and Water is responsible, amongst other things, for issues related to biodiversity conservation. They provided comment in relation to the proposed change to the E2 Environmental Conservation zone which was exhibited as part of the changes to the draft LEP. Under the re-exhibited provisions, an identified priority

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Ordinary Meeting 30 November 2009 A Leading City conservation area is proposed to be rezoned from E4 Environmental Living to E2 Environmental Conservation. Generally, DECCW supports the changes to the draft LEP, on the grounds that they “appear to better align the E2 zoned land with existing vegetated areas”.

The submission does, however, raise concern that the modified E2 boundary increases the edge to area ratio of the conservation zone. Conservation areas with high edge to area ratios are generally more difficult to maintain, as they are more vulnerable to weed invasion and other impacts. DECCW therefore suggests that for those areas proposed to be zoned E2 which will have a high edge to area ratio, Council considers either modifying the zone boundary to minimise the edge to area ratio, or applying the Environmentally Sensitive Land hatching to the adjoining E4 zoned land.

There are two areas of land proposed to be zoned E2 which have a particularly high edge to area ratio, both of which are in the south of the estate. These areas both incorporate known Priority Conservation Areas, thus it seems reasonable to retain the proposed E2 zoning. It is proposed, therefore, to modify the Environmentally Sensitive Land Map to provide a small buffer around the proposed E2 zone. This will serve to better control potentially threatening land uses in close proximity to the E2 areas.

Urbis A submission was received from planning consultants Urbis on behalf of the developer of the estate. This submission requested that the draft LEP be modified to allow strata subdivision: “to ensure that development consent can be granted for the strata subdivision of approved development on the site and particularly relating to the hotel and motel accommodation and other approved resort related development.”

Under the current provisions of draft LEP 2008 strata subdivision is not permitted in the E4 zone. Although the submission specifically references the resort and related development, if strata subdivision is listed as an additional permissible use under Schedule 1 it would apply to all development on the site. This would not be appropriate as it could lead to strata subdivision of residential land, including secondary dwellings. It is therefore recommended that strata subdivision be permitted on the site, but only for the resort development.

Cityscape Planning A submission was received from Cityscape Planning, on behalf of an individual landowner within the estate. This submission objects to the exhibited changes, as it would prohibit a proposed subdivision of his land into three 1500sqm lots. When draft LEP 2008 was exhibited in late 2008 / early 2009, the area in which it was intended the 1500sqm lots would be located was not specifically defined. As a result, this particular landowner lodged a Development Application to subdivide his 5030sqm lot into three lots. This application has not yet been determined, but is not permissible under either the current LEP or the re- exhibited provisions. It would, however, be permissible under the originally exhibited provisions, provided the overall lot yield for the estate did not exceed the maximum specified in the plan. The submission requests that the draft plan be amended to include this site within the area subject to a minimum lot size of 1500sqm.

It should be noted that the developer of the estate has also submitted subdivision applications based on the draft plan. These applications are for 15 and 26 lots respectively. An application for 13 lots of 1500sqm was approved on 14 July 2009, as these lots could be

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approved without exceeding the maximum lot yield specified under Penrith LEP 201. This gives a total of 57 x 1500sqm lots which have either been approved or are the subject of pending development applications.

The landowner’s representatives have presented the following arguments in support of their submission:- • If the draft LEP is amended to accommodate just this lot, then the LEP provisions will prevent any other landowners (apart from the developer) applying to subdivide their land, thus there can be no concerns regarding precedent; • The land is close to the area where the 1500sqm lots are proposed to be permitted; • The land has a pleasant outlook across a pond to the north, which would be visible from all three lots; • As the lot is the first in the row, there is only one neighbour affected, not two; • The circumstances of this case are unique, as the development application was lodged prior to the map being redrawn to clarify the location of the 1500sqm lots; • There is no reason why only the developer should benefit from a smaller lot size.

Twin Creeks is an isolated pocket of rural residential development which was originally approved as the Luddenham Equestrian Estate. Strict design guidelines and lot limitations have been applied to the site in order to minimise its conflict with the surrounding area. The fact that the entire estate has been master planned around the golf course has always been a significant strength, and a point of difference which justifies the increase in density from the surrounding area. The lots proposed in this submission deviate from that masterplan.

Residential development within Twin Creeks is subject to strict design guidelines imposed by the developers and council. Before an application for a dwelling is lodged with Council, it must first be approved by the Twin Creeks body corporate. This ensures that applications submitted to Council are consistent with the design guidelines. One of the key concerns from residents when the smaller lots were originally exhibited was that the smaller lot sizes would result in a drop in the quality of development in the estate, thus causing a drop in land values for the existing landowners. To combat this, the design guidelines applying to the 4000sqm lots have been modified to be appropriate for the smaller lot sizes, and these will be applied to the 1500sqm lots.

The submission and associated Development Application from Cityscape Planning does not address issues on built forms on the proposed lots. It is possible that they would agree to impose design guidelines on these lots, however as these lots would not have to go through the same process it would be more difficult to ensure compliance. With regard to the equity of only the developer benefitting from reduced lot sizes, the developer has borne the cost of providing roads and services (including the effluent treatment plant) as well as the planning investigations and development of the design guidelines to support the development of the original estate and this subsequent application for smaller lots. This landowner has not contributed more than any other to these costs.

In addition, this landowner would have made his decision to buy into the estate based on the knowledge that subdivision was not permissible, and was not planned for the area. This plan does not therefore disadvantage him, or remove any expectation or potential for subdivision which was present when he purchased the land. This is essentially an opportunistic application which goes against the overall principles of developing this estate.

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The submission to allow the subdivision into 3 lots is thus not supported.

Conclusion Amended provisions for Twin Creeks were exhibited from 22 September 2009 to 20 October 2009. Four submissions were received. Minor changes to the exhibited provisions are recommended to respond to the issues raised by the Department of Environment, Climate Change and Water and the developer. The request by a private landowner to allow subdivision of his lot into three is not supported.

The next step is to reinsert the provisions for Twin Creeks into draft Penrith LEP 2008. As draft LEP 2008 has not yet been forwarded to the Minster, this can occur prior to the plan being made. If this occurs, Twin Creeks will no longer be a deferred matter.

RECOMMENDATION That: 1. The information contained in the report on Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham be received. 2. The Environmentally Sensitive Land Map be modified to include land immediately surrounding the areas of land zoned E2 Environmental Conservation in the south east of the site. 3. Schedule 1 be amended into make hotel and motel accommodation, neighbourhood shops, recreation facilities (outdoor) and strata subdivision of the approved resort development permissible with consent. 4. The provisions for Twin Creeks, as amended, be reinserted into draft Penrith Local Environmental Plan 2008 before it is forwarded to the Department of Planning to be made by the Minister.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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5 Proposed amendments to draft Penrith Local Environmental Plan 2008

Compiled by: Allegra Zakis, Local Plan Team Leader Authorised by: Paul Grimson, Sustainability & Planning Manager

Executive Summary This report presents the changes proposed to draft Penrith Local Environmental Plan 2008 which have arisen from the public exhibition process held from October 2008 to January 2009, and subsequent consultation. Major changes which have been recommended are: • Deferral of: 1. Land in Castlereagh and Cranebrook (north of Cranebrook Rd) which was exhibited as E4 Environmental Living; 2. Land in Luddenham which was exhibited as E3 Environmental Management; 3. Land in Londonderry which was exhibited as E2 Environmental Conservation, and is the subject of a land claim by the Deerubbin Local Aboriginal Land Council; 4. Land in Caddens Road, Orchard Hills known as ‘The Knoll’, which is owned by Landcom and was exhibited as RU4 Rural Small Holdings; 5. Land in Jamisontown within the Riverlink Precinct which was exhibited as RU4 Rural Small Holdings; 6. That part of Lot 4 DP 574650 on the corner of Russell Street and Old Bathurst Road, Emu Plains, which was exhibited as E4 Environmental Living; 7. Land along The Northern Road and Bradley Street, Glenmore Park, which was exhibited as E4 Environmental Living; • Altering the minimum lot size for land proposed to be zoned E2 Environmental Conservation so that it is consistent with the requirements for adjoining land; • Increasing the range of commercial uses permissible in Londonderry, Luddenham and Kemps Creek; • Restricting the application of clause 6.12 Mulgoa Valley to land which is currently subject to the provisions of SREP 9; • Including a provision in Schedule 2 Exempt Development which allows the keeping of up to two trucks on rural land; • Including ‘bulky goods retailing’ as an additional permissible use for all land proposed to be zoned IN2 where it is a permissible use under the current instrument; • Modifying clause 6.17 Development in St Marys to require a minimum lot width of 24m, instead of a minimum area of 1200sqm.

Changes are also recommended that are the result of negotiations with the Department of Planning and other authorities, and that correct minor errors or anomalies in the plan. A detailed list of changes is provided as Attachment 1. This report recommends that the

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amended plan be forwarded to the Department of Planning with a request that the Minister make the plan.

Background Council resolved to prepare a new, comprehensive Local Environmental Plan for the City November 2005. This plan was to be prepared in stages. Stage One of this plan, draft Penrith Local Environmental Plan 2008, was forwarded to the Department seeking a certificate to exhibit the plan in October 2007 and underwent public consultation from October 2008 through to January 2009. Close to 700 submissions were received in response to the public consultation period, which raised issues with virtually all aspects of the plan, from citywide concerns to requests to vary controls at an individual block level.

Council has considered the responses to the public exhibition of draft Penrith LEP 2008 at several meetings and briefing sessions, including the Policy Review Committee Meetings of 13 July 2009 and 21 October 2009. At this second meeting, changes recommended in response to the exhibition were endorsed for much of the City. A report considered earlier in tonight’s Business Paper recommends endorsement of the final outstanding matters.

Key changes There are a number of key changes which have been endorsed or recommended to draft LEP 2008 to respond to the issues raised in the exhibition. These are listed below.

Deferred areas Deferral of an area from the draft plan allows Council more time to investigate outstanding issues. The current planning controls remain in force until such time as Council resolves to either change the controls or continue with the exhibited controls. Critically, all controls proposed to be introduced by the new plan are deferred, not just those which require additional investigation. For example, if land is deferred to investigate a zone change, then all other controls, including environmentally sensitive land and minimum lot size controls are also deferred. Deferral of land usually occurs when the exhibited controls are likely to require substantial change, or when there is a need to delay the introduction of the new controls without delaying the entire plan.

It has been recommended that the following areas be deferred from draft LEP 2008: 1. Land in Castlereagh and Cranebrook (north of Cranebrook Road) which was exhibited as E4 Environmental Living; 2. Land in Luddenham which was exhibited as E3 Environmental Management; 3. Land in Londonderry which was exhibited as E2 Environmental Conservation, and is the subject of a land claim by the Deerubbin Local Aboriginal Land Council; 4. Land in Caddens Road, Orchard Hills known as ‘The Knoll’, which is owned by Landcom and was exhibited as RU4 Rural Small Holdings; 5. Land in Jamisontown within the Riverlink Precinct which was exhibited as RU4 Rural Small Holdings; 6. That part of Lot 4 DP 574650 on the corner of Russell St and Old Bathurst Road, Emu Plains, which was exhibited as E4 Environmental Living; 7. Land along The Northern Road and Bradley St, Glenmore Park, which was exhibited as E4 Environmental Living

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It should be noted that land known as the Twin Creeks Estate in Luddenham, previously deferred from the plan, is the subject of a separate report in tonight’s Business Paper, which recommends this land be reinserted into the plan with amended planning provisions.

Minimum lot size for land zoned E2 Environmental Conservation The exhibited provisions of draft LEP 2008 set a minimum lot size of 40 hectares for all land proposed to be zoned E2 Environmental Conservation. On closer investigation, it became clear that this would create difficulties for lots where there is a split zoning, and the minimum lot sizes for each zone are not consistent. Accordingly, it was recommended that the minimum lot size for land proposed to be zoned E2 be consistent with the minimum lot size of the adjacent zone. This change does not create any additional subdivision entitlements, but will make design and implementation of subdivision on lots with a split zoning much simpler.

Commercial uses in rural villages A limited range of commercial uses are permitted in the RU5 Rural Village zone, with specific areas identified in Mulgoa and Wallacia where a greater range of commercial uses are allowed. It has been recommended that this wider range of uses be extended to the existing commercial areas of Londonderry and Luddenham, with a more limited range of additional commercial uses also being permitted in the commercial area of Kemps Creek.

Application of clause 6.12 Mulgoa Valley The exhibited version of draft Penrith LEP 2008 showed clause 6.12 as applying to both the Mulgoa Valley and parts of Luddenham. As this clause was drafted to replicate key provisions of Sydney Regional Environmental Plan 13 (Mulgoa Valley) it is reasonable to restrict its application to those parts of the City that are currently subject to SREP 13. The boundary of the application of this clause will therefore be modified.

Rural Truck Keeping The keeping of trucks in rural areas has been a contentious issue for some time. Although it is recognised that larger rural blocks are ideal for truck drivers as they provide the space for truck parking and maintenance, the amenity impacts from large truck depots can be significant. Council has therefore sought to allow the keeping of a limited number of trucks and / or plant on rural blocks, while requiring large depots to locate in industrial areas.

Under the definitions contained in the Standard Instrument, ‘truck depot’ does not place a limit on the number of trucks that can be kept on a lot, so it was not considered appropriate to make truck depots permissible in rural areas. This approach, however, also prohibited smaller scale truck keeping which is reasonable. Accordingly, it has been recommended that a provision allowing the keeping of up to two trucks be included in Schedule 2 Exempt Development. This provision will include measures required to limit amenity impacts.

Bulky goods retailing in the IN2 Light Industrial zone Due to the limited range of industrial zones in the Standard Instrument and the mandatory objectives and permissible uses which apply to the Business zones, the majority of Penrith’s industrial land is zoned IN2 Light Industrial. This zone does not permit bulky goods retailing. A number of owners of land where bulky goods retailing is currently permissible objected to this change, and it was not Council’s intention to remove bulky goods retailing from these areas. Accordingly, it has been recommended that the plan be amended to include ‘bulky goods retailing’ as a permissible use in the IN2 zone for all land where bulky goods retailing is currently permissible.

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Development in St Marys Clause 6.17 of draft Penrith LEP 2008 included a requirement that lots in St Marys have a minimum area of 1200sqm prior to redevelopment. More detailed investigation has shown that a minimum lot width of 24m will be more effective than a minimum area in promoting development with sufficient flexibility to meet requirements relating to solar access, overshadowing, pedestrian amenity etc. Accordingly, it has been recommended that the clause be modified to require a minimum lot width of 24m prior to redevelopment.

In addition to the key changes above, a number of minor changes are also recommended. In some cases these correct mapping or typographical errors. In other cases, they modify controls relating to individual parcels of land. A full listing of all recommended changes appears as Attachment 1 to this report.

In addition to the above, the Department of Planning has recently released a new version of the Standard Instrument. These changes will have to be reflected in the draft plan. As the new Standard Instrument was released (without exhibition) on Friday, 20th November there was not time prior to finalising this report to determine whether any of the changes will impact on this plan. A memo will be provided to Councillors which outlines the changes made and their implications for both draft Amendment 1 to LEP 1991 and draft LEP 2008.

Next steps The next step in this process it to make the changes to the written instrument and maps which are outlined in Attachment 1, then submit the draft LEP to the Department of Planning with a request that the Minister make the plan. Prior to making the submission to the Department, a report under section 68 of the Environmental Planning and Assessment Act will need to be prepared to accompany the plan. Once submitted, the plan will be assessed by the Department’s Legal Branch and Parliamentary Counsel, to ensure the plan can be legally made. It is hoped that if the plan can be submitted in early December, then referrals to other areas of the Department may occur before Christmas. Overall, it is expected to take a minimum of two months from when the plan is submitted to when it is published. It may, of course, take longer.

Any outstanding issues with draft Penrith LEP 2008 need to be resolved before draft Penrith LEP 2010 can be finalised. Accordingly, it is not proposed to present draft Penrith LEP 2010 to Council for an endorsement to send to the Department until the final details of draft Penrith LEP 2008 are known. This may not mean a delay until LEP 2008 is gazetted, but it does require that Legal Branch and Parliamentary Counsel have, as a minimum, considered the plan and raised no significant concerns. It is anticipated that this will have occurred by February or March 2010, meaning that draft LEP 2010 can move forward in the first quarter of next year.

Conclusion Council has endorsed all the changes to the written instrument and maps of draft Penrith Local Environmental Plan 2008 shown in Attachment 1 either on 9 November 2009 (as part of the minutes from the Policy Review Committee of 21 October) or earlier tonight. These changes have begun to be incorporated into the plan, as is shown by the draft amended zoning maps which have been provided as a separate enclosure. A detailed list of all

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Ordinary Meeting 30 November 2009 A Leading City proposed changes is provided as Attachment 1. Once all changes have been made, the plans can be forwarded to the Department for gazettal.

Gazettal of the plan will be a significant step in the implementation of the Rural Lands Strategy, Employment Lands Strategy, the St Marys Town Centre Strategy and Heritage Strategy. It will also enable the content of draft Penrith LEP 2010 (Stage 2) to be finalised, so that plan can be presented to Council.

RECOMMENDATION That: 1. The information contained in the report on Proposed amendments to draft Penrith Local Environmental Plan 2008 be received. 2. The changes to the written instrument and maps of draft Penrith Local Environmental Plan 2008 shown in Attachment 1 be made. 3. Following the changes, draft Penrith Local Environmental Plan 2008 be forwarded to the Minister for Planning under section 68 of the Environmental Planning and Assessment Act, with a request that the Minister make the plan.

ATTACHMENTS/APPENDICES 1. Summary of Changes to LEP 11 Pages Appendix

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Attachment 1

Summary of Proposed changes to

draft Penrith Local Environmental Plan 2008

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Introduction

The following pages show the proposed changes to draft Penrith Local Environmental Plan 2008 which have been either endorsed at the Ordinary Meeting of 9 November 2009 (following on from the Policy Review Committee of 21 October 2009) or are recommended to be endorsed at the Ordinary Meeting of 30 November 2009. The changes are divided into changes to the text and changes to the maps. Changes to the text are set out in the order in which they will appear in draft LEP 2008. Changes to the maps are set out according to individual map title.

To assist Councillors and the community to determine how the proposed changes respond to the exhibition, headings have been included which either show the issue the change relates to, the submission number or both. These headings will not form part of the changes to the plan.

In addition to the specific changes listed below, a number of other changes need to be made to the plan. These include:- • Correction of clear typographical errors • Correction of clause numbering in Part 6 - Additional local provisions • Any necessary corrections to property descriptions in Schedules 1, 4 and 5 • Any changes to Schedules 2 and 3 resulting from the SEPP on Exempt and Complying Development • Any changes resulting from recently gazetted changes to the Standard Instrument.

In addition, many of the changes outlined have flow on changes required to other maps or clauses. For example, a recommendation to change the Land zoning map to increase the area of E3 Environmental Management zone will also require a change to the Minimum lot size map to reflect the change in zone. Similarly, deferring an area from the plan is listed only under changes to the Land Application Map, but will necessitate changes to all other maps which are included in this area. In the majority of cases, these secondary changes are not listed below. The exception is the heritage items, where changes are listed both under Schedule 5 and under the Heritage map.

Proposed changes to the written instrument

Part 1 - Preliminary Submission No. 574; Urban Taskforce Review the aims of the plan to ensure that they accurately reflect both the role of the draft plan and council’s adopted policy positions.

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Submission No. 655; Department of Water and Energy Include a specific reference to the protection and restoration and enhancement of waterways, riparian corridors, wetlands, groundwater and groundwater dependent ecosystems in the aims of the plan.

Part 2 – Permitted or prohibited development Submission No. 574; Urban Taskforce Review the objectives of all zones to ensure that they accurately reflect both the role of the draft plan and council’s adopted policy positions. RU4 Rural Small Holdings zone Permit ‘turf farming’ with consent. Prohibit ‘Public administration buildings’. E2 Environmental Conservation zone Amend the objectives of the E2 Environmental Conservation zone to include the protection and enhancement of ‘riparian corridors, wetlands, groundwater resources and dependent ecosystems’.

Part 3 – Exempt and complying development Submission No. 655; Department of Water and Energy Retain the exclusions detailed in subclause 3.3(2A) to apply to exempt and complying development beyond the SEPP (Exempt and Complying Development),

Part 4 – Principle development standards There are no changes proposed to Part 4 Principle Development Standards

Part 5 – Miscellaneous provisions Submission 652; 128-132 Samuel Marsden Road, Orchard Hills Amend the table in Clause 5.1 to include land zoned E2 and marked as “Regional Open Space ”.

Part 6 – Additional local provisions General All clauses or objectives drafted by Council be modified to refer to ‘waterways’ rather than ‘watercourses’

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Clause 6.1 Sustainable Development Amend Clause 6.1 Sustainable development to include the words “ and promotion of active living ” at the end of clause (2) (i). Clause 6.3 Flood planning land Clause 6.3 to be reviewed to make reference to either the ARI (Average Recurrence Interval) or the AEP (Average Exceedence Probability) as a means of measuring flood events. This clause also be reviewed in consultation with DECC and DWE. Clause 6.4 Development on environmentally sensitive land Review this clause in conjunction with the Department of Planning and DECCW and amend if there is no significant reduction in the strength or application of the clause. Clause 6.8 Minimum lot size for a dwelling in Llandilo Add the two identified land locked lots to the list in subclause (1). Clause 6.17 St Marys The exhibited Clause 6.17 (which proposed that development within the St Marys Town Centre requires a minimum lot size of 1200m2 before it be approved by Council under draft Stage 1 LEP) be replaced with a clause which recommends a lot width of 24 metres for redevelopment (outside key landmark sites). Clause 6.18 Second Sydney Airport Council officers to negotiate with the Department of Planning regarding altering clause 6.18 of draft LEP 2008, including referring to the Australian Noise Exposure Forecast (ANEF) zones. Subdivision of land at Kingswood Rd, Orchard Hills Insert a new local provision that will apply to Lot 1 DP 239091 which allows either: • the approved subdivision, with no further subdivision being allowed over the 13.48 ha residue lot; or • subdivision of the land into a minimum of 2ha lots consistent with surrounding land. Rehabilitation of extractive industry sites Insert a new local provision into either draft LEP 2008 or draft LEP 2010 which will apply to current mining leases and require measures to assist in rehabilitation of the site to be identified prior to extractive industry commencing. Prohibition of Child Care centres on regional roads and existing and proposed classified roads Insert a new local provision which will prohibit child care centres on all unclassified regional roads and all existing and proposed classified roads.

Schedule 1 – Additional permitted uses Submission No. 253; Kemps Creek Village Include child care centres, kiosks, markets, neighbourhood shops, recreation facilities (indoor) and restaurants as permissible uses in the existing commercial area. Submission No. 409; Zoning of retail/business premises and Village Areas, Luddenham That the land containing any existing retail and commercial uses in Luddenham and Londonderry be included in Schedule 1, to permit

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the same range of retail and commercial uses as in the Mulgoa and Wallacia village centres. Submission No. 487; Clifton Avenue, Kemps Creek List ‘extractive industry’ and ‘waste disposal facility’ as additional permissible uses for this site. Submission No. 633; 158 The Northern Rd, Berkshire Park Modify Item 1, clause (2) to read: “ (2) Development for the purpose of monitoring pollution caused by the previous use of the site is permitted without consent.” Llandilo Fruit shop Delete this item from Schedule 1. Bulky goods retailing Extend the additional permitted use of bulky goods premises identified in Schedule 1 to include those areas proposed to be zoned IN2 in which bulky goods retailing is currently permissible. Submission No. 9; Corner Blaikie and Mulgoa Roads, Jamisontown Investigate options to list those uses currently existing on this site as additional permissible uses for this site. Submission No. 566; St Marys Leagues Club Amusement centre; child care centre; food and drink premises and hotel or motel accommodation be included in Schedule 1 for land proposed to be zoned RE2 Private Recreation

Schedule 2 – Exempt development Rural Truck Keeping Include the keeping of up to two trucks or plant in the RU1, RU2, RU4, E3 and E4 zones as exempt development, subject to provisions relating to setbacks, maximum hardstand area, visual and acoustic screening and similar measures to protect the amenity of adjacent properties. Submission No. 595; Outdoor trading and eating areas Delete ‘outdoor eating areas’ and ‘outdoor trading areas’.

Schedule 3 – Complying development There are no changes proposed to Schedule 3 Complying Development.

Schedule 4 – Classification and reclassification of Public Land There are no changes proposed to Schedule 4 Classification and reclassification of public land.

Schedule 5 – Environmental Heritage Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa Include both Lot 1 DP 996994 and Lot 1 DP 1035490 in Schedule 5 .

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Submission No 159; Winbourne, Mulgoa Amend Schedule 5 to identify this item as having ‘Local Significance’ only. Cox’s Cottage, Mulgoa Extend the listing of Cox’s Cottage, Mulgoa to include Lot 2 and Lot 4 of DP241971 (1012-1026 Mulgoa Road and 2-24 St Thomas Road respectively). Delete from the schedule: 1) 706 – 752 Mamre Rd, Kemps Creek 2) McMaster Field Station and associated brick farmhouse 3) Lot 7 DP 1046980 (Mulgoa Irrigation Canal) 4) 319-325 Luddenham Rd, Orchard Hills 5) 227 Seventh Ave, Llandilo 6) Dunheved Conservation Area.

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Proposed changes to the maps

Submission No. 489; Carinya Ave, St Marys The mapping error on tile 19 (including the location of zone descriptions and street names) to be corrected.

Land application map Defer the following areas from the plan: 1) Land proposed to be zoned E4 in Castlereagh and Cranebrook (north of Cranebrook Road) 2) Land proposed to be zoned E4 along The Northern Road, Glenmore Park 3) Lot 2107, DP 263159, Caddens Rd, Kingswood (“ The Knoll ”) 4) That part of Old Bathurst Rd (Lot 4 DP 574650) proposed to be zoned E4 Environmental Living 5) All land within the Riverlink Precinct 6) Deerubbin Local Aboriginal Land Council land holdings proposed to be zoned E2 Environmental Conservation 7) Land in Market St and the South Creek Corridor owned by the Department of Planning 8) That part of Luddenham proposed to be zoned E3 Environmental Management.

Clause application map Modify the application of clause 6.12 Mulgoa Valley to conform to the boundary of SREP 13.

Land zoning map Rezone two sections of Crown Land currently used for extractive industry and located outside of DECC’s Priority Conservation Areas from E2 to RU1 Primary Production. Submission No. 213; Department of Defence Rezone land owned by the Department of Defence ‘SP2 Defence’. 4 Geebung Close, Agnes Banks Modify the boundary of the E2 Environmental Conservation zone to exclude this site. Lot 2 Lapstone Place, Leonay Rezone an area of approximately 2ha in the vicinity of Lapstone railway station to E3 Environmental Management, with the remainder of Lot 2 DP 242718 zoned E2 Environmental Conservation. Mulgoa Park Rezone Mulgoa Park to RE1 Public Recreation. Submission No. 596; Sydney Catchment Authority Change the annotation on all Sydney Catchment Authority infrastructure from ‘SP2 (Water Pipeline)’ to ‘SP2 (Water Supply System)’. Rezone Lot 1 DP 10537 to E3 Environmental Management.

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St Thomas Anglican Church, St Thomas Road, Mulgoa The areas shaded dark green (conservation area), light green (passive regeneration area) and light blue (assisted regeneration area) in Figure 2 of the Vegetation and Fauna Management Plan be zoned E2 Environmental Conservation, with the remainder of the land zoned E3 Environmental Management. Zone Lot 2 DP 570484, 121-131 St Thomas Road, Mulgoa to E3 Environmental Management. ‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa That the riparian complex of River Flat Eucalypt Forest and Swamp Oak Floodplain Forest, shaded green in figure 4, be zoned E2. That the area circled in blue in figure 4 be zoned E2. That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land. That the area circled in red in figure 4 be zoned E3. That the remainder of the site, not identified in the areas above, be zoned E3. Submission Nos. 271, 446, 467; 1783-1789 Elizabeth Drive, Badgerys Creek The extent of the E2 Environmental Conservation zone be applied to the creek channel and to land along the creek to a distance of 40m measured from the top of the bank. The land beyond this is to be zoned RU2 Rural Landscape with environmentally sensitive lands hatching applied to a width of 10m on the RU2 zone along the boundary with the E2 zone. Submission No. 470; Fernhill Estate, Mulgoa Amend the boundary between the E2 and E3 zones on Lot 2 DP 211795, Lot 12 DP 610186, Lots 1-4 DP 260373 and Lot 31 DP 237163 as shown in Figures 2 and 3 of Attachment 4 to the Policy Review Committee meeting report of 21 October 2009. Submission No. 566; St Marys Leagues Club Modify the boundary of the E2 Environmental Conservation zone so that it forms an area with a consistent width of 80 m along the eastern boundary of the site. Submission No. 210; Department of Primary Industries Rezone areas of current extractive industry RU1 Primary Production where they are currently proposed to be zoned E2 Environmental Conservation. Submission No. 251; Sydney Water The Land zoning map be modified in accordance with the following table:

Approx. Address Asset Exhibited Zone Proposed Zone

Windsor Rd, Toorah Reservoir RU4: Rural Small SP2: Londonderry & Water Treatment Holdings Infrastructure Works (Water Supply) Snow St, Castlereagh E4: Environmental SP2: Cranebrook Elevated Living Infrastructure Reservoir (Water Supply) Castlereagh Rd, 2 x Sewage IN1: General SP2: Penrith Pumping Stations Industrial Infrastructure & Sewage (Water Supply) Treatment Plant Castle Rd, Orchard Hills RU4: Rural Small SP2: Orchard Hills Reservoir x 2 Holdings Infrastructure (Water Supply)

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Submission No 347; Department of Planning, Office of Strategic Lands Changes be made to the zoning map and Land Reservation and Acquisition Map as requested. Rezone listed properties along Smith St, Castlereagh to reinstate a dwelling right, pending confirmation from the Department that these lands are not required to facilitate public access to the Nepean River. Submission No. 640; Roads and Traffic Authority Changes be made to the land zoning and land acquisition map, as requested.

Lot size map Submission No. 456; 842-848 Mulgoa Road, Mulgoa Amend the minimum lot size map to show a minimum lot size for Lot 201 DP 804405 and Lot 22 DP 537922 of 20 hectares. Submission No. 454; Riverside Road, Emu Heights Amend the minimum lot size map to show a minimum lot size of 1 ha. Submission No. 209; Kingswood Rd, Orchard Hills That Lot 500 DP 1105757, 312-356 Wentworth Road, be included on the Lot Size Map with a minimum lot size of 1,000 ha to prevent its further subdivision. Minimum lot sizes in E2 zone Amend the minimum lot size map along riparian/biodiversity corridors to reflect the minimum lot size of the adjoining land. Submission No. 470; Fernhill Estate, Mulgoa Amend the minimum lot size map to restore subdivision rights currently available under SREP 13. Submission No. 566; St Marys Leagues Club Reduce the minimum lot size for the RE2 zone to 2000sqm for that part of the site not occupied by the club and sports grounds. Submission No. 638; 158 – 174 Old Bathurst Road Modify the Minimum Lot Size Map to require 6000 square metre lots along Old Bathurst Road to a depth of 100 metres, with the remainder of the land having a minimum lot size of 2000 square metres.

Environmentally sensitive land map ‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land. Submission No. 5; 51 Galvin Road, Berkshire Park The boundaries of the ESL hatching be amended to correspond with the northern boundary of the Galvin Road properties (Nos. 43-81), the northern boundary of No. 448-454 Llandilo Road, the eastern boundary of No. 43-49 Galvin Road and the southern boundary of Spence Road.

Submission Nos. 31; 323; 325; 342; 379-380; 387-388; 406; 411; 425-431; 483; 493-494; 546; 548; 552; 554-560; 563-564; 570; 583-

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590; 598-601; 603; 626-632; 634 and 635; Various lots, Berkshire Park / Llandilo The currently proposed hatching be removed from the draft plan.

Submission 663; Lot 3 and Lot 4 Ninth Avenue, Llandilo Amend the environmentally sensitive land hatching on Lot 3 and Lot 4 DP 24272 Ninth Avenue to more closely reflect the existing development.

Submission No. 9; Corner Blaikie and Mulgoa Roads, Jamisontown Review the extent of the Environmentally Sensitive Lands overlay applied to this lot and adjoining lots to more closely reflect the pattern of existing development and native vegetation.

Flood planning land map No changes are proposed to the Flood planning land map.

Heritage map All items listed below are to be deleted from Schedule 5, and will therefore also be deleted from the Heritage Map. 1) 706 – 752 Mamre Rd, Kemps Creek 2) McMaster Field Station and associated brick farmhouse 3) Lot 7 DP 1046980 (Mulgoa Irrigation Canal) 4) 319-325 Luddenham Rd, Orchard Hills 5) 227 Seventh Ave, Llandilo 6) Dunheved Conservation Area.

Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa Lot 1 DP 996994 and Lot 1 DP 1035490 be listed in Schedule 5 Environmental Heritage Schedule of draft LEP 2008.

Submission No. 470; Fernhill Estate, Mulgoa Lot 5 DP 23781 near the corner of Mayfair Road and Mulgoa Road is to be excluded from the curtilage for Fernhill.

Scenic and Landscape Values map

Submission Nos. 439, 441, 442, 471, 480; Factory Road, Regentville Review the scenic and landscape values map and controls for land in Factory Road, Regentville to ensure they effectively minimise the visual impact of urban uses from main roads.

Submission No. 566; St Marys Leagues Club The Forrester Road boundary of the St Marys Leagues Club site to be included in the Scenic and Landscape values map.

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Land reservation acquisition map

Submission 652; 128-132 Samuel Marsden Road, Orchard Hills For the land identified in this submission, amend the Land Reservation Acquisition Map to include the E2 portion of property proposed to be zoned E2 for acquisition. For land in the South Creek/Ropes Creek Corridors, where those properties have been identified for land acquisition, amend the Land Reservation Acquisition Map to include those parts of these properties to be zoned E2, for acquisition.

Submission No 347; Department of Planning, Office of Strategic Lands Changes be made to the zoning map and Land Reservation and Acquisition Map as requested.

Submission No. 640; Roads and Traffic Authority Changes be made to the land zoning and land acquisition map, as requested

Height of buildings map

Submission No. 225; Boral Recycling Pty Ltd The Height of Buildings Map be amended to show a maximum height of 19m for that portion of the subject site zoned IN1.

Floor space ratio map There are no changes proposed to the Floor Space Ratio map.

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6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

Compiled by: Allegra Zakis, Local Plan Team Leader Matthew Rose, Temporary Senior Environmental Planner Authorised by: Paul Grimson, Sustainability & Planning Manager

Council’s draft Heritage Study (prepared between 2004 and 2007) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in LEP1991. The amendment lists a total of 149 Heritage Items, 5 Heritage Conservation Areas and 5Archaeological Areas. This amendment, if gazetted, will ensure that heritage conservation provisions are consistent across the City and that all significant items, conservation areas and archaeological sites are protected.

Council received one-hundred-and-eighty-four submissions in response to the public exhibition of the draft Amendment to LEP1991 (164 of these were in response to the proposed retention of the St Mary Magdalene Church, St Marys in the draft plan). These submissions have resulted in a number of changes being recommended to the draft plan – these changes clarify listings or correct property details. It is also recommended that four items are removed from the draft amendment to reflect a change in their heritage significance or to allow a further review of their heritage significance. These properties include:

• The Crushing Plant, Old Castlereagh Road, Castlereagh; • 40 River Road, Emu Plains; • Mountain Mists (formerly Rodley Farm), Vista Street, Penrith; and • 108 Forbes Street, Emu Plains.

The next step in this process is to submit the draft amendment to the Department of Planning with a request that the Minister make the plan. This will enable the provisions of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) to be incorporated

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Ordinary Meeting 30 November 2009 A Leading City into the draft Penrith Comprehensive Local Environmental Plan 2010 as a gazetted instrument.

Background Council has been undertaking a strategic planning program to support the preparation of a single Local Environmental Plan for the City for a number of years. The public exhibition of the Stage 1 Planning Documents was a major step forward in this process. The key documents exhibited were draft Penrith Local Environmental Plan 2008 (Stage 1), draft Development Control Plan 2008 and draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).

Draft Penrith LEP 2008 has been prepared in accordance with the Standard Instrument, which includes mandated heritage provisions. In order to ensure that heritage provisions are consistent for all items across the City, an amendment to Penrith LEP 1991 was prepared which both brought the heritage provisions for the urban and commercial areas of the City in line with those in the Standard Template and updated the schedule of listed items and conservation areas to reflect the findings of the draft Penrith Heritage Study 2007. Together, draft Penrith LEP 2008 and the draft amendment to LEP 1991 cover all heritage items in the City.

Public exhibition Draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) was exhibited together with the draft Heritage Strategy as part of the Stage 1 Planning Documents. The exhibition ran from 27 October 2008 to 24 December 2009, with information available and submissions accepted until 30 January 2009. Council received One-hundred-and-eighty-four submissions in response to the exhibition of the draft plan. The main concerns are:

• St Mary Magdalene Church: The primary issues related to the perceived expansion of the heritage listing beyond the church and cemetery to cover other buildings on the site, and the implications this had for their future use and maintenance; and the assessed ‘State’ level of significance. This issue was resolved by clarifying what the listing would actually mean for the maintenance and future development of the Church; and, that the assessed level of significance did not mean that the property would be listed on the State Heritage Register. • 14, 16 and 18 Pages Rd, St Marys: Although Council only received two submissions relating to the proposed listing of these properties during the exhibition process, they raised significant issues. These issues, in combination with a number of subsequent submissions, required further investigation. A separate report in this Business Paper outlines the listing of these three properties, the concerns raised by the owners and the additional investigation and assessment and review of their heritage significance that has been undertaken. That report recommends that these properties continue to be listed as heritage items in LEP 1991. • 40 River Road, Emu Plains & Mountain Mists, Vista Street, Penrith: The owners of these properties have raised concerns with the proposed listings because of the significant modifications made to the properties and the imposition of a financial burden on the owners. These items have been removed from the draft plan to allow a review of their heritage significance to take place.

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The other two properties that are proposed to be removed from the draft plan are the Crushing Plant on Old Castlereagh Road, Castlereagh, because it has been demolished; and 108 Forbes Street, Emu Plains to reflect Council’s recent decision to grant consent for the demolition of the property.

Proposed changes to the plan Following both the public exhibition process and Council’s review of the draft plan and submissions, a number of changes are proposed. These are divided into changes to the plan, and corrections to the plan, and are set out below.

Changes: • Removal of 40 River Road, Emu Plains from Schedule 1: Environmental Heritage and associated map; • Removal of Mountain Mists, Vista Street, Penrith from Schedule 1: Environmental Heritage and associated map; • Removal of 108 Forbes Street, Emu Plains from Schedule 1: Environmental Heritage and associated map; • Removal of the Crushing Plant, Old Castlereagh Road, Castlereagh from Schedule 1: Environmental Heritage and associated map; and • Removal of Castlereagh Road Alignment, Castlereagh as it is proposed to be listed in the Comprehensive Local Environmental Plan 2008.

Corrections: • Correction to the ‘Property Description’ for the War Memorial located in Emu Park, Emu Plains to ‘Lot 7051 DP1055094’ • Correction to the ‘Item Name’ for the heritage item located at 142 High Street, Penrith to ‘Kelvin Brae - Federation house’ • Correction to the ‘Property Description’ for the heritage item located at 142 High Street, Penrith to ‘Lot 1 DP1127355’ • Correction to the ‘Item Name’ for the heritage item located at 359 High Street, Penrith to ‘Australian Arms Hotel’ • Correction to the ‘Item Name’ for the heritage item located at 329-333 Great Western Highway, St Marys to ‘Mourilyan’ • Correction to the ‘Significance’ appointed to St Mary Magdalene Church, St Marys from ‘State’ to ‘Local’ • Correction to the ‘Property Description’ for the heritage item located at 565 Great Western Highway, Werrington to ‘Lot 565 DP1121207’ • Correction to the ‘Item Name’ for the Archaeological Site located on Saddington Street, St Marys to ‘Former Andrew Thompson Tannery Site’

A copy of draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation), that incorporates the above changes and corrections, and a copy of the associated maps are provided as a separate enclosure.

In addition to the above, the Department of Planning has recently released a new version of the Standard Instrument. As the heritage provisions included in the amendment to draft LEP 1991 are based on the Standard Instrument, any changes to the heritage provisions within that instrument will have to be reflected in the draft LEP. As the new Standard Instrument was released (without exhibition) on Friday, 20 November there was not time prior to finalising

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Ordinary Meeting 30 November 2009 A Leading City this report to determine whether any of the changes will impact on this plan. A memo will be provided to Councillors which will outline the implications of the changes to the template for both draft Amendment 1 to LEP 1991 and draft LEP 2008, and any other minor corrections to the plan.

Next steps Council was granted delegation under section 69 of the Environmental Planning and Assessment Act 1979 to submit the plan to the Minister. Accordingly, the next step is to refer the draft amendment to the Department of Planning with a request that the Minister make the plan. Given current workloads and resourcing, it is intended that this will occur prior to Christmas. The Department has not provided a timeframe for publishing, but it is reasonable to expect that it will be within the first quarter of 2010.

Conclusion Draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) will combine with draft Penrith Local Environmental Plan 2008 to implement the draft Penrith Heritage Study. The draft plan was exhibited for over three months, with an extensive consultation process occurring both during and after the exhibition. This process has resulted in a number of changes and corrections to the plan. Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) will ultimately be incorporated into draft Penrith Local Environmental Plan 2010. In the meantime, its gazettal is a key part of implementing Councils ongoing strategic program. Endorsing the plan for submission to the Department represents the final stage in an ongoing, robust planning and consultation process that recognises the value of heritage in Penrith.

RECOMMENDATION That: 1. The information contained in the report on Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received. 2. The changes and corrections listed in this report be made to draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation). 3. Following the changes, draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation), (except for any amendments arising from the changes to the Standard Instrument) be forwarded to the Department of Planning with a request that the Minister make the plan.

ATTACHMENTS/APPENDICES There are no attachments for this report

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7 2009 National General Assembly of Local Government

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 National General Assembly of Local Government (NGA) is the most significant event on the national local government calendar. The NGA is attended by Mayors, Councillors and senior Council officers from across Australia.

The 2009 NGA was held in Canberra from 21-24 June 2009. A number of important issues were debated at the 2009 NGA in relation to future local government financing, funding for infrastructure and managing the effects of climate change.

Penrith City Council submitted two motions to the NGA under the ‘Climate Change” theme. Both of these motions were amalgamated into composite motions, as they were similar to motions submitted by other councils. Both composite motions were carried as Resolutions 1 and 3.

The Australian Local Government (ALGA) Board has since resolved to support both Resolutions and convey them to the Australian Government to seek the Government’s comments and response.

Background The Australian Local Government Association’s (ALGA) policies are determined at its Annual General Meeting and by a National General Assembly of Local Government. The General Assembly has a wide brief to consider policy directions and convey the views of councils to the Annual General Meeting and National Executive.

This year’s General Assembly was held in Canberra from 21-24 June 2009.

Council’s delegates to the National General Assembly were the then Mayor, Councillor Jim Aitken OAM (voting delegate) and the Deputy Mayor, Councillor Ross Fowler OAM (observer), supported by the General Manager - Alan Stoneham and the Group Manager Leadership - Ruth Goldsmith.

Councillor Karen McKeown and the Community & Cultural Development Manager - Erich Weller, attended the National Awards for Local Government Award Presentation on 24 June.

National General Assembly Program The theme of the 2009 National General Assembly was “Rising to the Challenge – Infrastructure, Climate Change and Financing” and a number of high profile political and expert speakers addressed delegates on this theme.

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In his opening address, Councillor Geoff Lake, ALGA President, addressed the three parts of the Conference theme:

• Infrastructure – welcomed the Federal Government’s $800 million for community infrastructure as part of the Government’s Stimulus Package, stated that it is critical that the local government sector expands and improves its engagement, presence and focus at the national level in regard to infrastructure, and that the sector needs to influence how things happen by interfacing with the Federal Government.

• Climate Change –stated that local government is an important tool in the whole of government response to climate change because it is a regulator of land use planning and building controls and because councils are major employers, and by virtue of the scale of councils, major emitters in most communities. It must be the priority of local government to work with the Australian Government to make sure the very best research is available to local government, within appropriate planning and response timeframes to support understanding of the projected impacts of climate change at a regional level.

• Financing - emphasised the importance of local government showing leadership and initiating its own reforms to improve its efficiency and financial effectiveness, as part of demonstrating the case to other levels of government of the need for an increase in funding. Also advocates reform to inter-governmental funding arrangements by reviewing the provision of Australian Government general purpose grants to local government.

Keynote political speakers included:

The Hon Anthony Albanese, Minister for Infrastructure, Transport, Regional Development and Local Government

Senator Bob Brown, Leader of the Australian Greens

The Hon Greg Combet AM, MP, Minister Assisting the Minister for Climate Change

Senator The Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy

The Hon Warren Truss, Leader of the Nationals, Shadow Minister for Trade, Transport, Regional Development and Local Government

The Hon Malcolm Turnbull, Leader of the Opposition

Keynote expert speakers included:

Professor George Williams, Anthony Mason Professor of Law and Foundation Director of the Gilbert & Tomin Centre of Public Law, University of New South Wales.

Dr Peter Abelson, Managing Director, Applied Economics

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Mr Stephen Alchin, General Manager, Infrastructure Australia

Elisa DeWit, Partner, Deacons Law Firm

Scott Lennon, Economic Advisor, PricewaterhouseCoopers

Frank McGuire, Strategist & Community Leader

Robert Ray, Special Counsel, CPR Communications & Public Relations

Professor Will Steffen, Executive Director, ANU Climate Change Institute

Rebecca Durdev, Project Manager, Gold Coast City Council Climate Change Strategy

Sarah Gardner, Executive Co-ordinator, Gold Coast City Council Environment and Infrastructure Unit

John Stevens, Group Manager Asset Management, Clarence City Council, Tasmania

Outcome of Motions submitted by Council Council has a very successful track record in past years of influencing the development of national local government policy.

Penrith City Council submitted the following two motions:

MOTION 1

Modelling impacts of Climate Change on Local Govt & provide info to councils for best practice adaptation & mitigation

That this National General Assembly call for action by the Australian Federal, State and Territory Governments to provide detailed modelling of the likely impacts of climate change on the operations and responsibilities of local government, and provide local government with information for best practice adaptation and mitigation strategies so as to effectively respond to this critical issue.

MOTION 2

A Package to Reduce Carbon Emissions, Create Jobs and Support Economic Development

That this National General Assembly call for action by the Australian Federal, State and Territory Governments to resource a package of measures to reduce carbon emissions in local areas and which also stimulates job creation and economic development at a time of global financial crisis.

These two motions were both compiled by the ALGA into composite motions covering the substance of motions submitted by a number of councils as follows:

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MOTION 1 (COMPOSITE)

That this National General Assembly calls upon the Australian Government to work closely with the State and Territory Governments and local government to develop appropriate legislative policy and implementation frameworks, together with the necessary technical guidance on mitigation and adaptation (including planning and development) to enable the effective and consistent management of the range of potential climate change impacts likely to affect communities, economies and the environment of Australia.

(covers the substance of motions submitted by Pittwater Council NSW, Penrith City Council NSW, Murrindindi Shire Council VIC, Gosford City Council NSW, Lake Macquarie City Council NSW, Maroondah City Council VIC, Mid-Western Regional Council NSW, Warringah Council NSW, Knox City Council VIC, Shoalhaven City Council NSW and Port Stephens Council NSW).

This MOTION was CARRIED as Resolution 1 with the inclusion of the words “and funding” after the words “technical guidance” appearing on the fourth line.

MOTION 2 (COMPOSITE)

(covers the substance of motions submitted by Penrith City Council NSW, City of Whittlesea VIC and City of Kingston VIC).

This MOTION was CARRIED as Resolution 3.

ALGA Board assessment of Resolutions

The ALGA Board has subsequently assessed these two Resolutions to determine whether they are consistent with existing ALGA policy and the policies of state and territory associations. ALGA also considers the resource implications of adopting the resolutions and how the proposed course of action fits with ALGA’s existing priorities.

The ALGA has advised that the Board met on 23 June 2009 to consider the resolutions from the National General Assembly and to determine the most appropriate way to pursue them.

In relation to Resolutions 1 & 3, the Board felt that as climate change is a relatively new and evolving policy area at the national level, it is important to: • support it in principle and convey all of the resolutions to the Australian Government to provide them with an understanding of the NGA delegate’s views on the range of matters considered; and • seek the Government’s comments and response to each of these motions.

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Following the receipt of the Government’s response to these resolutions, the ALGA Board will further consider its national policy position and the most appropriate way to progress local government’s interest in these important policy areas.

Conclusion The National General Assembly of Local Government provided delegates with the opportunity to identify and share information on key issues facing local government in Australia.

All resolutions emanating from the NGA can be referenced on the web at http://nga.alga.asn.au/business/resolutions/2009/

RECOMMENDATION That the information contained in the report on 2009 National General Assembly of Local Government be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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8 Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions

Compiled by: Glen Tuckwell, Project Co-ordinator Mal Ackerman, Supply Co-ordinator Authorised by: Hans Meijer, City Works Manager

Executive Summary To advise Council on the outcome of a Tender for the Manufacture, Supply and installation of Office Work stations and associated loose furniture for the Civic Centre Extensions. The tender also included a requirement to dismantle and remove existing work stations.

A total of 8 tenders were received for the above project. The tender specified a number of mandatory criteria that the tenderers were required to meet. This included; attendance at the Tender briefing/site inspection, Work stations and loose furniture to be GECA Certified (Good Environmental Choice Accreditation), Compliance with all relevant Australian Standards, ISO9000 Quality Certification or equivalent. Of the 8 submissions 5 of these were excluded from the next stage of the evaluation as they did not meet one or a number of the mandatory criteria.

The remaining 3 tenderers were assessed against the evaluation criteria and were also subjected to a physical inspection of the products offered along with independent financial analysis and referee checks.

Based on the evaluation criteria, site inspections, independent risk analysis and best overall value for money, the evaluation panel is recommending that the contract for Manufacture, Supply and Installation of Work stations and loose furniture (including dismantling and removal of existing workstations) be awarded to Zenith Interiors Pty Ltd for the lump sum fixed cost of $546,124 (Excluding GST).

Background As part of the Civic Centre Office Extensions tenders were called for the supply and installation of Office Work Stations and loose storage units.

Early in 2009 a panel of selected senior staff, including Council’s OH&S officer, reviewed a number of alternate work station solutions through various site visits. Prior to advertising tenders Consultants DEM Pty Ltd were engaged to prepare designs and specifications reflecting the preferred style and type of work stations.

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Tenders for the Manufacture, Supply and Installation of Office Work Stations and Loose Furniture were advertised in the Penrith Press, Sydney Morning Herald and placed on the e tendering web site on 6th October 2009 and closed on Tuesday, 27 October 2009.

It was proposed in the Tender documents that Council will select one preferred Contractor to perform all of the specified works.

All prospective tenderers were required to attend a pre-tender briefing and site inspection on Thursday, 15th October 2009. Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

The technical specifications for this project were prepared by Independent Consultants DEM Australia Pty Ltd. The scope of works for the project included the following;

• Manufacture, supply and installation of new work stations and loose furniture for Level 1 as specified. • Dismantling and removal of existing work stations.

One of the mandatory criteria that tenderers had to comply with was that their work stations and loose furniture had Good Environmental Choice Accreditation (GECA). GECA is a not for profit organisation that provides the community, industry and government with a simple way to identify environmentally preferable products. A GECA certification is awarded to products that meet strict standards for environmental impact, social responsibility and fitness for purpose in a wide range of product categories.

Tender Evaluation Panel The Tender Evaluation Panel consisted of Mal Ackerman (Supply Co-ordinator), Glen Tuckwell (Building Projects & Maintenance Co-ordinator) and Geoff Payne (Occupational Health & Safety Co-ordinator).

Evaluation Process The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the Mandatory Criteria this included; o Attendance at the Tender briefing/site inspection o Work station and loose furniture to be GECA Certified (Good Environmental Choice Accreditation) o Compliance with all relevant Australian Standards. o ISO9000 Quality Certification or equivalent 2. Assessment against the evaluation criteria to determine ability in meeting the specified requirements. 3. Assessment of costs based on the prices tendered. 4. Determination of a short list based on the best rankings from 2 & 3 above 5. Further evaluation of the short listed companies through: • Site visits to inspect the products offered for acceptability

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• Independent Financial Risk Analysis • Independent Referee Checks

Tender Evaluation Criteria (Tenderer’s Capability) The tenders submitted were initially assessed in accordance with the Mandatory criteria specified in the tender documents. The selection criteria specified and used in determining the best overall value tender were as follows: • Demonstrated ability in the supply and installation of similar projects. • Relevant industry experience • Project Completion times. • Demonstrated Compliance with Specified Requirements • Product Guarantees • Project Cost –The Lump Sum Tender Price • Other Cost impacts • Removal cost or credit for existing workstations • Financial viability. • Business record • Industrial relations • Safety record. • Occupational Health & Safety and Public Liability Management. • Quality Assurance System. • Environmental Management System.

Summary of Tenders Received A total of 8 responses were received as follows (Alphabetical Order)

Complete Office Supplies Pty Ltd Maxton Fox Furniture Systems Pty Ltd Office Furniture Systems Pty Ltd OfficeMax Australia Ltd Pago Designs Australia Pty Ltd Rockdale Office Furnishers Schiavello Systems NSW Pty Ltd Zenith Interiors Pty Ltd

Evaluation of Offers The tenders submitted by Complete Office Supplies Pty Ltd, Office Furniture Systems Pty Ltd and Zenith Interiors Pty Ltd met the mandatory criteria and progressed to be assessed against the remaining evaluation criteria specified in the tender documents.

The following Tenderers did not meet the Mandatory Criteria and therefore were not further considered.

Maxton Fox Furniture Systems Pty Ltd (No GECA Certification) OfficeMax Australia Ltd (No GECA Certification) Pago Designs Australia Pty Ltd (No GECA Certification) Rockdale Office Furnishers (No Quality Accreditation) Schiavello Systems NSW Pty Ltd (No GECA Certification)

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Capability Assessment All companies evaluated demonstrated the capacity and capability in providing the specified equipment. The details of the products offered by each of the short listed tenderers are covered in more detail under the Site Inspection review comments.

Compliance with Specified Requirements Based on the written submissions, all short listed tenderers generally demonstrated compliance to the specifications. Further analysis was carried out of the products offered at the physical site inspections. General comments on the written proposals are as follows;

Complete Office Supplies Pty Ltd They submitted a joint proposal whereby they intend to sub contract the manufacture of the workstations to Australian Work Station Manufacturers (AWM) based in Alexandria and provide all of the loose furniture directly themselves. The workstations as presented met the specified requirements however; some of chairs offered were not as specified. They also did not submit an offer for Hot Desks.

Office Furniture Systems Pty Ltd They proposed in their tender to offer a partly imported work station with a percentage of elements manufactured in Sweden by Kinnarps with all loose furniture to be of Australian Manufacture. They offered for all items but indicated that the type of work station specified and offered was not available for review but they would develop a prototype for review at the site inspection. The chairs offered only have a 3 year warranty against a specified requirement of 5 years.

Zenith Interiors Pty Ltd All components and loose furniture is manufactured by them at their premises in Darlinghurst, Sydney and in Melbourne.

Their tender submission demonstrated full compliance with the specified requirements.

Price Evaluation The following table shows the tendered lump sum prices from lowest to highest. Complete Office Supplies Pty Ltd did not submit a price for Hot Desks although they are able to supply this item; they also failed to submit a cost for the dismantling and removal of the existing workstations. On this basis a comparison of prices was made across all 3 remaining tenderers excluding these items as well as an overall total.

Zenith Office Furniture Complete Office Interiors Pty Item Item Description Systems Pty Ltd Supplies Pty Ltd Ltd 1 General Workstations 159,300 181,731 197,644 2 Supervisor Workstations 109,620 113,718 108,165

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3 Manager Workstations. 34,800 47,762 50,653 4 Hot desks 7,320 No Quote 10,833 5 Loose Furniture 174,025 171,490 173,189 Dismantle & Remove 6 existing Work stations 0 No Quote 5,640 Overall Total Excluding Items 4 and 6 477,745 514,701 529,651

Overall Total -All items 485,065 N/A 546,124

Site Inspections and review of Tenderers facilities/products offered Zenith Interiors Pty Ltd Workstations The workstation system presented by Zenith Interiors to Penrith City Council and DEM was the general workstation system complete with the storage wall element. Zenith Interiors are the manufacturer and supplier of their workstation systems. The workstations offered by Zenith Interiors items were viewed at Zenith Interior's showroom located at 200 Crown Street, Darlinghurst. The detailing throughout the system was excellent with careful consideration to details such as the locking cylinder neatly and discreetly mounted and hidden away on the side of the fixed pedestal unit to avoid potential OHS issues, concealed finger pulls in-lieu of handles were neatly detailed, screen thickness of 35mm light and securely fixed with a well resolved clamp bracket device, fixed pedestal quality smooth drawer runners, consideration for power and data reticulated were all very well thought about and conveyed throughout the workstation.

The quality rectangular splayed leg support with 150mm adjustment answered the specified requirements and would not pose to be problematic should someone of substantial weight sit on the edge of the workstation. The A4 paper trays offered were white powder coated aluminium. The joinery store unit included metal adjustable levelling feet for uneven floor surfaces and a quality underslung slide-out and pivoting PC storage device.

Zenith Interiors have completed numerous projects with installation of the workstation system and storage wall element, too many to list. Zenith Interior's manufacturing facility is located in Melbourne and is available for viewing if required. The product offered is 100% manufactured and assembled n Australia.

Loose Furniture The loose furniture and storage unit supplied by Zenith Interiors were well presented and well certified on all accounts and conveyed good quality distributed throughout all loose furniture items. All products are well manufactured and the quality is consistent across all loose furniture. All products meet PCC's OH & S requirements.

Complete Office Supplies Pty Ltd (COS) Workstations The workstation system presented by COS to Penrith City Council and DEM was a hotdesk system. The items were viewed at AWM's showroom located at 634 Botany Rd Alexandria

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which confirmed that COS would sub-contract all workstations to AWM. The hotdesk system presented well with good detailing evident in the way the aluminium extrusions neatly abutted adjacent surfaces. Whilst the workstation screen fabric was not the correct specification, COS/AWM confirmed they could install as per specification. Similarly whilst the PC storage shown was a "caddy on wheels" AWM advised they could install what was confirmed as an addendum in the tender this would most likely incur additional cost. The A4 paper trays were white powder coated aluminium.

COS/ have indicated that they have installed the workstation system in the past at Westpac and ANZ , however they need to confirm if the storage wall element also has been tried and tested in a commercial fit out of similar PCC size. The leg supports were fully imported whilst the joinery elements such as the worktops and storage wall elements were made and assembled in their Alexandria warehouse in Sydney.

Loose Furniture COS tender for the supply of loose furniture clearly did not answer the brief set by DEM. All loose furniture presented by COS was found to be sub-standard and of poor quality. The offices chairs in particular did not comply with Council’s OH&S ergonomic requirements.

Office Furniture Systems Pty Ltd (OFS) Workstations The workstation system presented by OFS to Penrith City Council and DEM was the general workstation system complete with the storage wall element. The items were viewed at Kinnarp's showroom located at 144 Pacific Highway, North Sydney which confirmed that OFS would sub-contract all workstations to Kinnarps. The system presented well with Kinnarps confirming that they had specifically produced a prototype in 5-6 days for further consideration. The workstation screen however was chunkier (thicker) than specified, slide- out pivoting underslung PC storage was not as good a quality fitting as expected, store wall joinery element was neatly produced, however the clamp on screen device to the work surface was poorly resolved as the end of the thread screw fixed to the underside of the work surface had no pvc/rubber end cap to prevent further damage to the underside of the work surface, the cylinder locking device was mounted on the front right corner face which would/could pose further OH & S issues in the future, the leg support was an 'A' frame support which under the circumstances may be considered if an imported leg would not be an issue, the adjustment in the leg support sleeve clearly would be issue when a person with substantial weight sat on the end of the workstation further collapsing the leg and whilst concealed flush finger pulls were specified, OFS installed surface mounted 'd' pull handles to the fixed pedestal.

Loose Furniture The loose furniture and storage unit supplied by OFS were well presented with an attempt to convey good quality furniture distributed throughout all loose furniture. The task chair was unstable with too much back curvature on the chair to provide more of an upright posture for the end user. The visitor chair provided a polypropylene frame to the seat which the mesh was adequately bound into the polypropylene frame.

Although the back mesh material was bound into the polypropylene back side sections of the chair, the top and bottom sections of the back of the chair were not bound securely into the

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frame and the mesh material could easily be damaged in the future. As OFS offer a 3 year warranty on the chairs this did not meet the specified 5 year requirement. The task chair and visitor chair also do not meet PCC's OH & S.

Summary From the site inspections carried out the total solution offered by Zenith Interiors Pty was far superior in quality and compliance when compared to the products offered by either of the other two (2) competitors.

Whole of Life Costs The mandatory requirement for Good Environmental Choice accreditation (GECA) ensures that the products manufactured incorporate a high degree of sustainability and recycled content. Based on the 15 year structural guarantee on the workstations and the 5 year guarantee for the office chairs the maintenance/replacement costs of the recommended solution is expected to be very minimal. The life expectancy for the workstations is a minimum of 20 years. At present the only significant maintenance cost to Council is for the repair and or replacement of existing office chairs, the cost for the previous financial year being $5,016. However, it should be noted that the existing chairs are aged and in need of replacement.

Financial Analysis Third party financial analysis checks were conducted for all short listed tenderers. There were no adverse findings and all tenderers demonstrated satisfactory financial capacity to undertake the works.

Referee Checks Third party referee checks were carried out on the short listed companies. In all cases reports indicate a very good to superior level of performance and customer satisfaction.

Financial Services Manager’s Comments The Civic Centre extensions fit-out project has a budget allocation of $1.55m which incorporates fit out design, electrical work, additional offices and meeting rooms including relocation of services, kitchen upgrades, work stations and loose furniture. To date $267,050 has been spent on the fit-out design and electrical work for power, phone and data. The original estimate for the installation of office workstations and loose furniture included under this tender was in the order of $700,000. The tender process has produced a good result with the preferred tender from Zenith Interiors Pty Ltd coming in at $546,124 leaving a balance of $736,826 to complete the remaining work.

Conclusion From the short listed companies the only fully complete tenders were submitted by Zenith Interiors Pty Ltd and Office Furniture Systems Pty Ltd. It was evident from the site inspections that the products offered by Complete Office Supplies were not in accordance with the specified requirements. The standard and quality of products offered by Zenith Interiors Pty Ltd were far superior to those offered by Office Furniture Systems Pty Ltd. (OFS) also the chairs offered by OFS do not comply with the specified 5 year warranty. The

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Ordinary Meeting 30 November 2009 A Leading City tender submitted by Zenith Interiors Pty Ltd represents the best overall value to Council and are recommended on the following basis. • Superior quality • Superior OH&S and ergonomic compliance • Full compliance with specified requirements

Comment by Tender Advisory Group (TAG). A Tender Advisory Group consisting of the Group Manager City Infrastructure, Group Manager ~ Legal and Governance and the Acting Executive Officer discussed the tender process and believe that it is a fair assessment against the essential criteria that was established for assessing the merits of the tenders received. Questions have been raised whether the mandatory criteria requiring tenderers to have Good Environmental Choice Accreditation (GECA) may have been too stringent. In subsequent discussions with the Council’s Project Co-ordinator the TAG has been advised that in initial discussions with the Consultant DEM prior to going to design and documentation for the tender, questions were raised by DEM about the Council’s commitment to the environment. The Consultant was advised that the Council is committed to the purchase of sustainable products and GECA fulfils this requirement. We were advised that in recent fit-outs to the first floor additions the Council has already shown its commitment to purchasing environment friendly products such as carpets, lighting, paint and vinyl that comply with GECA. The TAG were of the view that the continued commitment by the Council to products that are endorsed GECA is prudent and the TAG support the recommended tenderer.

RECOMMENDATION That: 1. The information contained in the report on Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions be received. 2. A contract for the Manufacture, Supply and installation of office workstations and associated loose furniture including dismantling and removal of existing work stations be awarded to Zenith Interiors Pty Ltd for the lump sum cost of $546,124 (excluding GST).

ATTACHMENTS/APPENDICES There are no attachments for this report.

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9 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

Compiled by: Adam Beggs, Administration Officer - Policy and Council Support 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 Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year. Section 253 of the Act requires that the Council must give at least 28 days public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial.

Council’s staff have reviewed various guidelines from the Department of Local Government (DLG -now called the Division of Local Government] for any suggested amendments that Councils should incorporate within their Section 252 Policies. These changes were amalgamated within a Report to the Policy Review Committee Meeting held on 14 September 2009, where a decision was made to advertise the Council’s draft Section 252 Policy to the public for their comments, as required under the Act.

At the time when the matter was before the Council’s Policy Review Committee Meeting, the Council requested that a late motion be forwarded to the Local Government Associations Annual Conference to compensate Councillors for attending training and conferences. This Late Motion was referred to the Executive Committee of the Association.

No submissions have been received from the public following the advertising of the Council’s draft Section 252 Policy. The Report recommends that the Council adopts the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

Background

Council received advice from the Department of Local Government through DLG Circular 08-03 which provided guidelines on a number of changes Councils should consider when reviewing their Section 252 Policy. This Circular was based on a review of a number of Council’s 252 policies that was undertaken by the DLG in 2007 and feedback from various councils which provided a series of recommendations relating to section 252 policies.

The changes that were made in response to this Circular were highlighted in a report presented to the Policy Review Committee on 14 September 2009. A copy of the previous report is appended.

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Council must comply with these provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy. Accordingly Council advertised its intention to adopt the Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors in the Penrith Press on 6 October 2009 for a period of 28 days.

The report to the Council’s Policy Review Committee Meeting recommended that Council’s current Policy be amended to ensure that it is consistent with the Guidelines issued by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

Current Situation

The notification period for advertising the draft Section 252 policy has now concluded and no submissions were received.

After the Council advertised its 252 Policy, the DLG issued a further Circular 09-36 providing guidelines on Councillor expenses and facilities. This Circular was an extension of the previous DLG Circular 08-03 dealing with the same issues that had been used by staff in reviewing the Council’s Section 252 Policy.

Council’s staff have reviewed the guidelines provided in the latest DLG Circular and are of the opinion that the Council’s draft Section 252 policy that it resolved to advertise on 14 September 2009 is consistent with the recommendations made by the Department. At the time when the matter was before the Council’s Policy Review Committee Meeting, the Council requested that a late motion be forwarded to the Local Government Associations Annual Conference to compensate Councillors for attending training and conferences. This Late Motion was referred to the Executive Committee of the Association, and Council’s staff will monitor the Association’s deliberations on the motion.

Council is required to submit its adopted Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors to the Division of Local Government by 30 November 2009. Council’s staff have advised the DLG that the Council’s draft Section 252 policy will be presented to the Council’s Ordinary Meeting held today, and if adopted, a copy will be forwarded to the DLG directly after this meeting.

Conclusion

The Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors is required to be reviewed within 5 months of the end of each financial year. It is considered that the draft policy has now gone through a thorough consultative process and has met all legislative requirements in terms of notification.

Given that there were no submissions received during the notification period of the Council’s draft Section 252 policy and that the draft policy is consistent with the recommendations from the DLG contained in the latest Circular, it is considered that the policy should be adopted by the Council.

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RECOMMENDATION That: 1. The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received 2. Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors. 3. Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors to the DLG.

ATTACHMENTS/APPENDICES 1. PRC Report 14 September 2009 5 Pages Appendix

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1 Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

Compiled by: Adam Beggs, Administration Officer - Policy and Council Support 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: Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year. Section 253 of the Act requires that the Council must give at least 28 days’ public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial. Council must comply with these provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy.

Council has received advice from the Department of Local Government through DLG Circular 08-03 which provides guidelines on a number changes Councils should consider when reviewing their Policy. The changes that have been made are provided in Attachment 1 (Colour copies will be provided separately to Councillors) and are highlighted as follows:

1. Existing policy largely consistent with the Guidelines are in normal text 2. Proposed deletions are in red text 3. Proposed additions are in green text

The report highlights the proposed changes that have been made in response to the information provided by the DLG such as, no general allowance is to be provided, changes to the reconciliation and reimbursement process, strengthening of carer expenses, disallowing private benefit. In addition several changes have been suggested by Council’s staff and Councillors such as travel arrangements and expenses and class of air travel.

A Reference Group was held on 31 August 2009 to discuss the proposed changes to the Council’s draft Policy on the Payment of Expenses and the Provision of Facilities. As a result, Council staff are now preparing correspondence to the DLG and a late motion to the Local Government Association’s Annual Conference requesting that consideration be given to providing an allowance to Councillors to enable them to attend conferences and training related to their civic functions to cover loss of income due to absence from their work.

This report recommends that Council’s current Policy be amended to ensure that it is consistent with the Guidelines issued by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

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Council officers will review the draft Policy again after the notification period has concluded, and when further information is received from the DLG and as a result of the late motion to the Local Government Association Conference.

Current Situation Council adopted its current Policy at the Ordinary Meeting of 15 October 2007, upon a recommendation of the meeting of the Policy Review Committee held on 8 October 2007.

The Act provides that the Director General of the DLG may issue Guidelines in relation to the review and adoption of Councils’ Section 252 Policies. The DLG issued Guidelines in January 2008 to assist Councils in reviewing their Section 252 Policies. In addition, the DLG reviewed 45 Council’s 252 Policies (including Penrith City Council’s Policy in August 2007) and feedback was provided to the Council from the review of our 252 Policy. Council’s staff were waiting on a revised Guideline to be issued by the DLG before a review of the Council’s 252 Policy was undertaken. However, as the DLG advised Council’s staff that a timeframe for revised Guidelines was not available, Council’s staff commenced a review of the Council’s 252 Policy taking into consideration the advice provided by the DLG.

The Guidelines and the findings from the review have been examined to identify how they may affect Council’s current policy. A draft Policy that complies with the Guidelines and the DLG review can be found in Attachment 1 (Colour copies provided separately) to tonight’s business paper. The provisions of Council’s existing 252 Policy are largely consistent with the Guidelines and are in normal text, proposed deletions are in red text, and proposed additions are in green text. The proposed changes are not seen to be major additions to the existing Policy. Some of the more significant changes will be discussed in this report, the remainder are highlighted in the attachment but are considered minor.

Changes made as a direct result of DLG guidelines

• Council’s 252 Policy was not to provide for a general allowance. This has been included within the draft Policy at 9.1.1.Limits were to be placed for all expenses and facilities. This has been included in section 9.2.3.1 as well as 11.2.1. The DLG have suggested that the limits on sustenance should be based on the Australian Tax Office’s determination. This issue has been catered for in the revised draft Policy.

• Clarification of the process for the approval, reconciliation and reimbursement of expenses and facilities was to be included. While the Council’s existing Policy reflected the comments made by the DLG, the Policy has been strengthened and this has been included within section 9.1.5.

• Councillor expenses / facilities may not be used to support attendance by Councillors at political fund raising functions. This has been included within 9.1.8 of the draft Policy.

• Councils were to state in their Policy that the Policy would apply if an Administrator was appointed to the Council’s area. This has been included within 9.1.9 of the draft Policy.

• Policies should extend to the provision of expenses for carer expenses. This has been included within 9.2.6 of the draft Policy.

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• Policies need to clarify that gifts and benefits given by a Councillor should be of token value. This has been included within section 12.6 of the draft Policy.

• Policies reviewed by the DLG identified that Councils may be at risk of paying inappropriate legal expenses for Councillors. The DLG have suggested appropriate words to address this issue and these are included within section 9.2.8 of the draft Policy.

• Policies should disallow private benefit for Councillors. This has been included within section 13 of the draft Policy.

Furthermore there were several other issues which were raised for consideration by Council’s staff or Councillors to ensure the Policy remains contemporary. The following points highlight the changes proposed:

• In the draft Policy (attached) the provisions relating to the use by Councillors of their own private motor vehicle have been streamlined to reflect the Council’s current practice. In the draft Policy it is proposed that if a Councillor has approval to attend a meeting / Conference and that it will take less than three hours to drive, that a Councillor is authorised to use their private motor vehicle. Where a Councillor has authority to attend a meeting / Conference and the expected travel time by motor vehicle is greater than three hours, a Councillor is able to receive the lesser of the cost of an economy air fare or the cost according to the “rates applicable under the relevant State Award” if they choose to use their private motor vehicle to travel to the meeting / Conference.

• Currently Councillors are able to travel by air (economy class) for all official air travel, “with the exception that business class may be used for air travel to Western Australia; the Northern Territory, Tasmania, destinations in Queensland north of Brisbane and destinations overseas”. Due to the recent introduction of premium economy air fares on domestic air travel and international travel, it is considered appropriate that when available this option should be utilised.

Next Steps

On 31 August 2009, a Reference Group was held with all available Councillors invited to attend to discuss the proposed changes to the Council’s current 252 Policy. At the Reference Group the issue of costs incurred by Councillors in attending conferences was discussed. The specific issue raised was that the DLG were encouraging Councillors to undertake training, but a Councillor may not have sufficient leave from their work to enable them to attend a training course which may impact on the Councillor’s ability to attend a training course. This issue had been previously raised by a Councillor and Council officers wrote a letter to the DLG in April 2009 requesting the Department’s views on providing an amount of money to Councillors to enable them to attend conferences and training related to their civic functions to cover loss of income due to absence from their work. The DLG replied to Council advising that “In the Department’s view it is therefore inappropriate to provide a payment to a councillor, such as you describe in your correspondence, either as a fee or as an expense in a councillor expenses and facilities policy”.

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The Reference Group asked that Council Officers prepare further correspondence to the DLG requesting reconsideration of this issue. In addition, the Reference Group requested that a motion be put forward to the Local Government Association’s Annual Conference as follows:

Subject: Reimbursement of income loss due to Councillors attendance at training and conferences

Motion:

That the Local Government Association make representations to the Department of Local Government requesting that provision be made in the Section 252 Policy on Payment of expenses and provision of facilities for a daily amount of money to Councillors to enable them to attend conferences and training related to their civic duty to cover their loss of income.

Note from Council:

Penrith City Council is committed to providing all Councillors with the opportunity to attend as many training courses and conferences as required to ensure Councillors can carry out their civic duty as best as possible.

The DLG have strongly advocated that Councillors should receive adequate training opportunities to enable them to effectively and efficiently discharge their responsibilities of being a Councillor. Penrith City Council recognises that some Councillors may be disenfranchised by not being able to attend essential training courses, attend peak Conferences due to their own work commitments and subsequent financial limitations. The motion attempts to encourage more Councillors to attend training courses and conferences by providing reimbursement for the loss income by way of a daily payment, with a capping on the number of days that a Councillor can access this allowance.

Conclusion

Given that the Council’s 252 Policy must be reviewed within 5 months of the end of each financial year and that Council must give at least 28 days’ public notice of its intention to adopt or amend its Policy, it is considered prudent that Council approves the draft policy, and then a 28-day public exhibition period will commence. Once further information has been received from the Department of Local Government or the outcome of the motion to the Local Government Association Conference, a further report will be submitted to the Council.

In the event that proposed amendments are made at the Meeting by Councillors to the draft 252 Policy, these will be included prior to advertising the document. A further report, detailing any submissions received within the 28-day public exhibition period will be submitted to a future Policy Review Committee Meeting.

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RECOMMENDATION That: 1. The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received 2. Council advertise for 28 days’ a public notice of its intention to adopt the amended Policy 3. Council write to the Department of Local Government, requesting reconsideration of the issue of costs incurred by Councillors in attending training courses and conferences and the provision of a daily payment to reimburse Councillors for lost income. 4. A motion be put forward to the Local Government Association Conference requesting that provision be made in the Section 252 Policy on Payment of expenses and provision of facilities for a daily payment to Councillors to enable them to attend conferences and training related to their civic duty to cover the loss of income.

ATTACHMENTS/APPENDICES 1. Draft Policy on the payment of expenses and provision of 18 Attachment facilities to the Mayor, Deputy Mayor and Councillors Pages

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10 Copenhagen Climate Change Conference 2009

Compiled by: Carmel Hamilton, Sustainability Co-ordinator Bernadette Riad, Senior Sustainability Planner Authorised by: Paul Grimson, Sustainability & Planning Manager

Executive Summary In December 2009, representatives from governments from across the world will meet in Copenhagen to decide a new global climate treaty. These talks follow on from the UN climate talks held in Bali during 2007, at which governments agreed to start work on a new global agreement to follow on from the Kyoto Protocol which ends in 2012. Technically known as the 15th Conference of the Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC), the Copenhagen Climate Change Conference marks the deadline for completing these negotiations and agreeing on a framework to fight climate change in the post-2012 period.

This report aims to provide a background to these talks, and the advocacy work of local government associations in ensuring that the new climate treaty recognises the contributions of local government in responding to climate change.

Letters advocating the importance of the role of local government and Council’s support for any post-2012 agreement to retain an acknowledgement of this role have been written to the Federal Minister for Climate Change and Water, the Lord Mayor of the City of Sydney and the Chief Executive Officer of ICLEI Oceania who will be attending Copenhagen and participating in the formal negotiations and other related events.

Background The international political response to climate change began with the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992. The UNFCCC sets out a framework for action aimed at stabilising atmospheric concentrations of greenhouse gases to avoid ‘dangerous anthropogenic interference’ with the climate system. The UNFCCC came into force on 21 March 1994 and now has 192 parties.

Since 1995, the signatory states (called Parties to the Convention) have been meeting annually in Conferences of the Parties (COP) to assess progress being made in dealing with climate change.

A product of the UNFCCC, the Kyoto Protocol is an international agreement that sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions against 1990 levels over the five-year period 2008-2012. Adopted in Kyoto, Japan, on 11 December 1997, the protocol came into force on 16 February 2005, and has been ratified by 184 parties.

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The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialised countries to stabilize GHG emissions, the Protocol commits them to do so.

Australia has ratified the Convention, and is bound to comply with its obligations, having signed the instrument of ratification of the Kyoto Protocol on 3 December 2007. Australia has committed to meeting its Kyoto Protocol target, and has set a target to reduce greenhouse gas emissions by 60% on 2000 levels by 2050.

At the UN climate talks held in Bali in December 2007, the international community committed to develop a new, long-term, approach for global cooperation on climate change, to be agreed in Copenhagen in December 2009. This is known as ‘the Bali Roadmap’. The Bali Roadmap has two main objectives: to agree new targets for developed countries to follow on from the current Kyoto Protocol targets which conclude in 2012; and to agree on a new framework for action by all countries as part of a comprehensive post-2012 outcome.

The 15th Conference of the Parties (COP15) being held in Copenhagen from 7 to 18 December 2009 is expected to see negotiators, ministers and world leaders reach agreement on all of the essential elements of a comprehensive, fair and effective deal on climate change that sets clear, legally binding greenhouse gas emission reduction targets as a matter of urgency.

The Role of Local Government Through their relationship with local communities, their operational activities, and their planning powers, local governments play a significant role in reducing greenhouse gas emissions and in helping communities adapt to the impacts of climate change. However at present, the UNFCCC and the Kyoto Protocol do not recognise cities and local or regional governments as relevant partners with national governments to help combat climate change.

If genuinely empowered and resourced, local governments have the potential to achieve substantial emission reductions in their local areas. Thus, they can be essential actors/partners with national governments to help ensure that global emission reduction targets are being met. As such, local government associations from across the globe see the development of a new international climate deal and the consequent agreement-seeking process, as an opportunity for the necessary empowerment and recognition of cities and local governments in a UN post-2012 framework on climate change.

While local government representatives do not have a direct role in the COP15, local government associations representing communities from around the world have been advocating for a strong post-2012 climate deal which recognises the crucial role of cities and local governments in climate protection.

Key to this advocacy work is the Local Government Climate Roadmap. This Roadmap was launched at the Local Government Climate Sessions held parallel to COP13 in Bali in 2007, and was designed to accompany the international negotiations leading up to COP15 in Copenhagen.

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Representatives from Penrith City Council, including Councillor Karen McKeown and former Sustainability Unit Coordinator, Louise Petchell, attended the Local Government Climate Sessions in Bali in 2007.

A major component of the Local Government Climate Roadmap is the intensive advocacy work facilitated through bilateral meetings with national delegations such as those held during the Bonn Climate Change talks in March/ April 2009, June 2009, and August 2009, and at events such as the Local Government Climate Change Leadership Summit held in Copenhagen in June 2009 which saw 700 representatives from municipalities and regions from more than 60 countries engage in national-local dialogues.

One of the most significant outcomes of this summit was the ‘Local and Regional Governments Call to the Parties in Copenhagen’ outlining 23 specific requests for consideration during the negotiations at the COP15 in December 2009. A copy of this document is included as an attachment to this report.

As a result of these efforts, the current draft negotiating text for the post-Kyoto agreement includes more than 100 references to the involvement of local government, acknowledging its role in long-term cooperative action, adaptation, mitigation, and action on financing, technology and capacity building.

In continuation of this advocacy work, the C40 Large Cities Climate Leadership Group, the City of Copenhagen, and ICLEI will be hosting The Copenhagen Climate Summit for Mayors from 14-17 December 2009, and the Local Government Climate Lounge at the Bella Center, the COP15 official venue. Involving 100 mayors from cities such as New York, Tokyo, Bangkok, Shanghai, Paris, Moscow, Seoul, Nairobi, Lagos, Mumbai, and Sao Paolo, as well as Sydney and Melbourne, the Mayors Summit will work to ensure that new international climate change agreements do not repeat the omissions of the Kyoto Protocol in terms of the crucial role that cities and local government play in setting policy and taking action to combat climate change.

The Response from Penrith City Council The position of local government associations such as United Cities and Local Governments, ICLEI – Local governments for Sustainability, World Mayors Council on Climate Change, C40 – Climate Leadership Group, Metropolis, is outlined in the Local and Regional Governments Call to the Parties in Copenhagen, and advocates that;

1. Agreements are inclusive, recognising the contribution and value of all levels of government in the planning, implementation and monitoring of climate change initiatives.

2. The role and experiences of local authorities be recognised in the development and implementation of National Climate Change Strategies and Action Plans.

3. Local authorities are supported and empowered with the capacity and resources required to take action at the local level.

4. Local and regional governments be included as key partners in the planning, implementation and monitoring of nationally appropriate mitigation actions (NAMAs) and national adaptation programme of actions (NAPAs).

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Council has written to the Federal Minister for Climate Change and Water, Senator Penny Wong, the Lord Mayor of the City of Sydney, Councillor Clover Moore, and the Chief Executive Officer of ICLEI Oceania, Steve Gawler, advocating the importance of the role of local government in any post-2012 climate agreement. Council has also offered its support and encouragement to Steve Gawler and Councillor Clover Moore as representatives of Australian local governments at Copenhagen in December.

RECOMMENDATION That the information contained in the report on Copenhagen Climate Change Conference 2009 be received.

ATTACHMENTS/APPENDICES 1. Local and Regional Governments Call to the Parties in Copenhagen 4 Pages Appendix

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11 Summary of Investments and Banking as at 31 October 2009

Compiled by: Pauline Johnston, Expenditure Accountant Authorised by: Vicki O’Kelly, Group Manager - Finance

Executive Summary The purpose of this report is to provide a summary of investments for the period 1 October 2009 to 31 October 2009, and a reconciliation of invested funds at 31 October 2009. 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 October 2009.

Vicki O’Kelly Responsible Accounting Officer

RECOMMENDATION That: 1. The information contained in the report on Summary of Investments and Banking as at 31 October 2009 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2009 to 31 October 2009 be noted and accepted. 3. The graphical investment analysis as at 31 October 2009 be noted.

ATTACHMENTS/APPENDICES 1. Summary of Investments 4 Pages Appendix

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A CITY OF OPPORTUNITIES

Item Page

12 2009 Community Assistance Program Planned Component 105

13 Mayoral Forum - Housing Opportunities for Older People 120

14 Contracts of Employment for Senior Staff 130

15 Seniors Week 2010 132

16 Tender 14-08/09 for the Supply & Delivery of Child Care Consumables 136

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12 2009 Community Assistance Program Planned Component

Compiled by: Nerida Silver, Casual Community Development Officer Authorised by: Erich Weller, Community and 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 This report is to inform Council of the applications received in the 2009 Planned Component of the Community Assistance Program (CAP).

Council has an annual Community Assistance Program, through which small grants are allocated to non–profit organisations and community based groups to meet local community needs. The maximum grant available under the program is $1,200.00.

The funding round was extensively advertised and promoted in local papers, on Council’s web page and through a range of networks and interagencies.

A total of 68 applications were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. 63% of the applications have been recommended for either full or part funding.

The report recommends that Council approve the applications and amounts recommended for funding as outlined in this report.

CAP – Planned and Rolling Components There are two components of the Community Assistance Program. These are the Planned Component and the Rolling Component. The Planned Component of the program is undertaken once a year in September/October and is widely advertised and promoted. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of funds are allocated under the Planned Component. Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program. All Planned and Rolling Component applications are assessed against the CAP eligibility and assessment criteria.

Eligibility and Assessment Criteria There are three eligibility criteria for applications under the Community Assistance Program. All projects must satisfy these criteria to be eligible for funding:

• Community based non-profit organisations providing one off activities.

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• Direct benefit to, and participation by, Penrith City residents; • Project and project management in line with Council’s Access and Equity Policy.

Fundraising programs or organisations whose main job it is to fundraise are not eligible.

All CAP applications are assessed for priority against the Assessment Criteria adopted by Council as part of the CAP Policy. Recommendations to fund or not fund are made according to the criteria listed below:

• Whether the applicant for community assistance already receives significant Government funding, and whether the CAP request is more properly seen as a core responsibility of that Government funded program; • The size of the organisation or group, and its capacity to access alternative resources; • The possibility of access to other sources of funding for the request; • The willingness of the applicant to work collaboratively with residents and other community groups; • The level of participation and direct benefit for residents of Penrith LGA; • Whether the proposal addresses the priority needs and issues of Penrith LGA residents, as identified through social planning processes; • Whether the proposal is realistic; • The cost effectiveness of the proposal; • The beneficiaries of the project, ensuring that funds are distributed to diverse groups right across the Penrith LGA.

Budget Allocation and Expenditure to Date The total annual budget of the combined Planned Component and Rolling Component is $46,000 with $39,000 available for the Planned Component and $7,000 for the Rolling Component.

Table 1 below presents the budget allocation to the Planned and Rolling components as well as expenditure to date.

Table 1 – Budget Allocation and Expenditure 2009/10

Allocated Expenditure Committed Available to Date Planned Component $39,000 0 0 $39,000 Rolling Component $7,000 500 0 $6,500 Total annual funds $46,000 0 0 $45,500

Planned Component The funding round for the 2009 Planned Component opened on 21st September and closed on 19th October. The funding round was advertised in local papers, on Council’s web page, and was also promoted through a range of local interagencies and networks. There is $39,000 available in 2009 for the Planned Component.

Applicants were required to complete an application form, identifying their project objectives, population target groups, budget and benefits to the local community.

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The promotion of the 2009 Planned Component followed the Community Development Support Expenditure Scheme (CDSE) funding round in March, and precedes the Community Builders funding in November (formerly known as Western Sydney Area Assistance Scheme funding.)

2009 Planned Component Applications A total of 68 applications were received, requesting a total of $72,432. Of the 68 applications received, 43 have been recommended for funding for either all of the requested amount, or an adjusted amount in light of the merit of the project. In 2008/09, Council received 85 applications totalling $91,796.05.

Appendix 1 to this report provides the list of 43 applications recommended for funding, including details of each project and the rationale. Where there is a recommendation for funding, that is not the full amount requested, the reason for part funding is given in the information for each project. In general, the quality of project applications was high.

The total amount of projects recommended is $39,261, slightly higher than the budget available. The additional $261.00 is proposed to be taken from the Rolling component budget allocation.

There are 25 applications that are not recommended for funding through the 2009 Community Assistance Program Planned Component. A rationale is provided why each of these projects is not recommended for funding. Details of these 25 applications are provided at Appendix 2.

Table 2 below is a summary of all projects recommended for funding. Note that recommended projects have also been allocated to their particular population target groups. Please note that the CALD target group refers to culturally and linguistically diverse communities.

Table 2 - Recommended List

No Target group Organisation Project Name Amount Recommended Requested Amount Mother's Day Lunch and Picnic Day The Mothers Day Lunch will be for 40 local elderly residents of Greek and other cultural backgrounds. Music and dancing will be a feature. The picnic day will be on the Nepean River for up to 40 people and will “Olympus” Greek enhance social inclusion to isolated 1 CALD Senior’s Group elderly residents. $1,100.00 $700.00

Youth Packs The development and delivery of 50 to 60 hygiene health packs for youth who present as homeless, at risk of homelessness and/or highly Nepean Interyouth disadvantaged. 2 Youth Services $1,150.00 $1,150.00

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No Target group Organisation Project Name Amount Recommended Requested Amount Community BBQ and Car Boot Sale Purchase of equipment for regular community events which include 4 St Clair Youth and community BBQs and Car Boot Sales Neighbourhood Team per year and regular community 3 General (SCYNT) breakfasts. $700.00 $600.00 Purchase of Kitchen Equipment and Utensils To assist with the food preparation Enosis’ Greek Senior’s for the 40 members of the group who 4 CALD Group meet each week. $1,100.00 $950.00 Christmas Pageant Community Event A Christmas parade and nativity performance by local schools and Kurrambe SSP at St Marys Station Street Plaza. Morning tea and lunch to be provided and a festival for the children including face painting, games etc will follow the parade and 5 Youth FUSION Australia pageant. $1,200.00 $600.00 Purchase of Filing Cabinets This will be used to store the collection of photos and documents St Marys and District on the history of St Marys and 6 General Historical Society District. $645.00 $645.00 Purchase Equipment Wallacia Progress Purchase food heating oven for all 7 General Association user groups. $610.00 $610.00 U3A Network - NSW 2010 State Conference & AGM University of the Third The local chapter is hosting the State Age, Nepean-Blue Conference and is requesting Mountains Chifley assistance to provide an interesting 8 Older People Chapter and varied program $1,200.00 $1,200.00 North St Marys Community Preschool To purchase a range or outdoor equipment and activities for children who attend the service. The equipment is especially to combat North St Marys challenging behaviours and enhance 9 Children Neighbourhood Centre physical activity. $1,192.00 $1,192.00 2009 Nordoff-Robbins Open Day To pay for the equipment (hire of Nordoff-Robbins chairs, marquee etc) for the Open Music Therapy Day during International Day for 10 Disability Australia People with Disabilities. $936.00 $680.00 International Women's Day - Closing the Gap An event to look at improving access to Penrith Women’s Health Centre for Aboriginal women in the areas of Penrith Women’s health, social advantage and 11 Women Health Centre (PWHC) participation. $1,200.00 $1,200.00

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No Target group Organisation Project Name Amount Recommended Requested Amount Purchase of Equipment To provide toys and books in the 'safe Western Sydney space' called the SHINE ROOM for Women’s Domestic children who attend court with their Violence Court carers on Apprehended Domestic 12 Children Advocacy Service Violence Order (ADVO) list days $1,200.00 $1,200.00 ACM and Community NAIDOC DAY 2010 Aboriginal & To fund a community event to Torres Strait Aboriginal Catholic celebrate 2010 NAIDOC Day at 13 Islander Ministry (ACM) ACM $1,185.00 $1,185.00 Disability in Sport Workshop A workshop open for all children with a disability in the Penrith area Penrith Indoor Netball who are interested in learning to play 14 Disability Club an indoor sport. $1,200.00 $1,200.00 Werrington Purchase of Equipment for Youth Community Project Centre Inc/Werrington Youth To purchase new gaming consoles 15 Youth Centre and accessories and a barbeque. $1,000.00 $1,000.00 Colour My Ability To fund the Awards Evening associated with the amateur art Penrith Disabilities competition for people with 16 Disability Resource Centre disabilities $1,200.00 $600.00 2009 NSW Volunteer of the Year Awards To provide a Christmas lunch for clients, volunteers, carers and the general community to acknowledge Nepean Neighbour Aid and reward the work of volunteers. Service/Community Provide an opportunity for isolated 17 General Visitor’s Scheme residents to share Christmas. $1,200.00 $1,000.00 Art as Therapy Workshop To run a series of 4 workshops using Penrith Women’s art as therapy for CALD women 18 CALD Health Centre (PWHC) living in the Penrith LGA $1,200.00 $1,200.00 Londonderry Community Restaurant To purchase equipment to set up a Community Restaurant for the Nepean Food Services HACC target group in Londonderry. 19 General Inc $1,200.00 $1,200.00 Cranebrook Community Christmas To provide financial support to Pleasant People Housing Tenants Group to hold a Christmas event for the Cranebrook Housing Estate residents. 20 General Spyns Inc - Auspice $1,000.00 $1,000.00 Community Recipe Book St Marys Area To publish a community recipe book Community by the St Marys Community Creative Development Project Writing Group. 21 General Inc (SMACD) $1,200.00 $1,200.00

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No Target group Organisation Project Name Amount Recommended Requested Amount Golden Oldies - Mothers Day Lunch To host a combined Seniors Lunch to celebrate Mothers Day for three groups (Golden Oldies, Emu Plains Friends & Neighbours and Cranebrook 22 Older people Spyns Inc - Auspice Seniors) $1,140.00 $1,140.00 Purchase of African (Djembe) Drums To purchase drums to facilitate the establishment of a DRUM Therapy PRA.WESTCLUB Group for young adults living with a 23 Disability Penrith mental illness. $1,200.00 $1,200.00 Purchase of Educational Equipment To support childcare provided at the 24 Children Spyns Inc Cranebrook Neighbourhood Centre. $1,206.00 $500.00 North Penrith Senior’s Physical Activity for Seniors 25 Older People Group To purchase a set of carpet bowls $429.00 $429.00 Penrith Seniors Centre Activities Directory To produce and print 1,000 copies of Penrith Senior’s Centre a brochure listing details of activities Management for seniors at the Penrith Senior 26 Older People Committee Citizen's Centre. $572.00 $572.00 Luddenham Public School 150 Luddenham Public Years Anniversary Celebrations School 150 Years To provide additional resources to Anniversary support the Open Day at the school as 27 General Committee part of the celebrations. $1,200.00 $600.00 Collaborative Community Art The Kingswood Day Options Program and local Aboriginal artists plan to work together to create a piece of art that represents aspects of Sunnyfield and Aboriginal people's 28 Disability Sunnyfield Association lives. $1,500.00 $1,000.00 Western Sydney Men's Group Aboriginal & Camp Torres Strait A camp for Aboriginal men with a 29 Islander Spyns Inc - Auspice focus on men's health. $1,000.00 $1,000.00 Purchase of Equipment Sand play equipment for use by the groups using the Community Hub at Kingswood Park. This includes the Playgroup and after school activities 30 Children Spyns Inc groups. $450.00 $450.00 Summer Holiday Community Camp and Tree Planting To organise a 7 day summer camp to help new migrants assimilate into mainstream Australian society, teach Sikh Association of Punjabi language to children and 31 CALD Australia, Penrith English to the elderly. $1,300.00 $200.00

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No Target group Organisation Project Name Amount Recommended Requested Amount Penrith Social Support Group To address the needs of carers as identified in a recent survey and from ongoing feedback. This project will 32 Disability Anglicare provide a program of events in 2010. $1,200.00 $1,200.00

Werrington Purchase of Equipment Community Projects To purchase and fix picture rails in 33 General Inc (WCPI) the Namatjira Annex. $1,200.00 $1,200.00 Purchase of Equipment Werrington To purchase two banners to identify Community Projects and promote WCPI at community 34 General Inc (WCPI) events. $528.00 $528.00 Holiday Recreational Activities To subsidise school holiday outings and activities for children on the 35 Disability PATH Inc. Autism / Aspergers Spectrum. $1,200.00 $800.00 Sensory Room Project With the support of 2 artists the Sunnyfield people will have creative Sunnyfield St Marys input into designing their own 36 Disability Day Option sensory based room. $1,200.00 $1,200.00 White Ribbon Day Project To organise an event/project to raise awareness surrounding the issue of violence against women. In Aboriginal & Deerubbin Local partnership with Penrith Police, Torres Strait Aboriginal land AMS, Western Sydney Aboriginal 37 Islander Council Men’s Group. $1,000.00 $600.00 Heart Moves Fitness Program Kingswood To run weekly gentle exercise 38 Older People Neighbourhood Centre sessions for seniors. $1,000.00 $400.00 Dads Adventure Day (DAD) To hold a Dad and Kids Day. In addition to planned activities there General will be parenting information 39 Spyns Inc. provided. $1,130.00 $1,130.00 Open Day at Londonderry Neighbourhood Centre To promote the new improvements to the pre-school and to re-establish 40 Children KU Western Mobile connection with the community. $1,200.00 $1,200.00 Craft and Art Group for People with Disability To purchase equipment and supplies for the group to make wheelchair Nepean Disabilities bags and paint jars for sale at the 41 Disability Social Group 2010 Disability Expo. $1,200.00 $1,200.00 Historical Community Project Encore Historical sewing group will re-produce the uniform worn by female workers at the Munitions St Marys Area Filling Station in 1941. Completed Community uniform will be presented to Penrith Development City Council. A booklet will also be 42 General (SMACD) produced. $1,200.00 $1,200.00

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No Target group Organisation Project Name Amount Recommended Requested Amount Equipment for Youth Centre St Clair Youth & Provision of updated equipment for Neighbourhood Team afternoon & school holiday activities 43 Youth (SCYNT) in St Clair. $1,200.00 $1,200.00 TOTAL $45,873.00 $39,261.00

Applications not recommended for Funding Appendix 2 provides details of those projects not recommended for funding from the 2009 CAP Planned Component budget.

Target Group Analysis It is useful to summarise the recommended allocation of 2009 Community Assistance Program Planned Component funds and the principal beneficiary target group for funding (see Table 3 below). The target groups correspond to the seven mandatory target groups, as previously listed in the Department of Local Government Social and Community Planning and Reporting Guidelines.

These are older people, people with a disability, women, young people, people from culturally and linguistically diverse (CALD) backgrounds, children, and Aboriginal and Torres Strait Islander people. An eighth category “general community” has also been included in the table below because a large number of projects do not have a single target group. Please note that some project target groups could be placed in more than one category.

Table 3 – CAP Planned Allocation by Target Group

Older People 11.6% People with a Disability 20.9% Women 4.6% Young People 9.3% People from Culturally and Linguistically Diverse Backgrounds 9.3% Children 9.3% Aboriginal and Torres Strait Islander People 6.9% General Community 27.9% Total 100%

Summary Council has received 68 applications, requesting a total of $73,070.00 for Community Assistance Program funding, in the 2009/10 Planned Component. After careful consideration against the identified criteria, 43 projects totalling $39,261.00 have been recommended for funding. Recommended projects cover a range of target groups and suburbs across the city, address many different social and related needs, and include a number of city-wide initiatives.

RECOMMENDATION That: 1. The information contained in the report on the 2009 Community Assistance

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Program Planned Component be received. 2. Council approve funding the recommended projects and amounts totalling $39,261 from the Planned Component of the 2009 Community Assistance Program as outlined in Table 2 in this report.

ATTACHMENTS/APPENDICES 1. CAP 2009 Recommended for Funding 4 Pages Appendix 2. CAP 2009 Not Recommended for Funding 2 Pages Appendix

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13 Mayoral Forum - Housing Opportunities for Older People

Compiled by: Teresa Luk-Leung, Senior Social Planner Authorised by: Erich Weller, Community and 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 Mayoral Forum Housing Opportunities for Older People – The Way Forward was held on 9 September 2009.

The objectives of the Forum were:

• To raise community and stakeholders awareness regarding the housing needs of the older people in Penrith; • To create a networking opportunity for stakeholders to discuss the housing challenges for older people; and • To facilitate and encourage a coordinated response to meet the housing needs of older people in Penrith. The Forum was well attended by representatives from a number of State and Federal government departments, landowners, aged care providers, developers, community groups and Council staff. The Forum also received positive coverage in the local press.

Six guest speakers were invited to present at the Forum, namely, Michael Kennedy Acting Manager – Aged Care Branch NSW Office Department of Health and Ageing, Mark Broderick Acting Manager – Planning and Sustainability Penrith City Council, Simon Pagett General Manager – Development Retirement by Design Lend Lease, Peter Paltoo General Manager – Property Anglican Retirement Villages, Anna Petersen Social Sustainability Manager Landcom, and Bob Chambers Director BBC Consulting Planners.

The main themes that emerged from the Forum include:

• Increasing Demand for Aged Care Services • Ageing in Place • Availability of Housing Choice • Affordable Housing • Development Challenges and • Partnerships.

More detail regarding each of these themes will be provided in this report.

The Forum also confirmed many of the findings that were identified for action in Council’s Planning for an Ageing Community Strategy. The key issues identified by the Forum are

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Ordinary Meeting 30 November 2009 A City of Opportunities largely being addressed by Council’s Planning for an Ageing Community Strategy, the Penrith Urban Study and Strategy and the Sustainability Blueprint for Urban Release Areas. The report recommends that the information be received.

Background

At the Policy Review Committee of 27 July 2009, Council received a report on Housing Opportunities for Older People. This report outlined a number of initiatives underway to progress the delivery of additional aged accommodation in Penrith City. They include:

• Proposed seniors housing development at a key site within Penrith City (partnership between Council and Housing NSW)

• Approval for development of an aged care facility with a total of 102 residential places and 77 serviced self care units at Kingswood by Anglican Retirement Villages

• Proposed development of housing for older people at different sites owned by Housing NSW

• Continued dialogue with Landcom to explore the opportunity of providing housing for older people at some key sites, including the Caddens release area.

Council staff continue to work on the above initiatives and significant progress has been made.

As an outcome of this Policy Review Committee report, Council resolved to hold the Mayoral Forum – Housing Opportunities for Older People - The Way Forward.

The Mayoral Forum was held on Wednesday 9 September 2009 in the Nepean Room, Penrith Civic Centre. The Forum was facilitated by Simone Parsons of Robyn Kennedy and Co Pty Ltd. Approximately 60 people including representatives from state and federal government departments, landowners, aged care providers, community groups, developers, planning consultants and Council staff attended the Forum.

The feedback from the participants was very positive. Most of them enjoyed the presentations and were appreciative of Council demonstrating leadership in addressing the housing challenges facing many older residents in Penrith City.

An information package comprising a copy of the agenda, a profile of older people in Penrith and a summary of Penrith’s New Urban Areas was distributed to all participants at the Forum. This information package was distributed to Councillors under Memo late last week.

Mayoral Forum Presentations

The guest speakers invited to present to the Forum included Michael Kennedy from Department of Health and Ageing, Mark Broderick from Penrith City Council, Simon Pagett from Lendlease, Peter Paltoo from Anglican Retirement Villages (ARV), Anna Petersen from Landcom, and Bob Chambers from BBC Consulting Planners

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Mayor Clr Jim Aitken OAM with Anna Petersen from Landcom at The Forum

Michael Kennedy provided an overview of the Commonwealth funded programs available to support people as they grow older. His presentation provided detail relating to the range of federally government funded aged care and accommodation programs, the planning and allocation process for aged care provision and the relative costs of service provision. Mr Kennedy also indicated Penrith City has a deficiency in aged care accommodation compared to its population profile.

Mark Broderick provided an update on the new urban areas in Penrith and outlined how Penrith City Council has been planning for an ageing population in the City, particularly through bringing aged housing development groups together with new release area developers.

Simon Pagett provided an overview of Lend Lease’s seniors living business including insights into the development process and criteria used to assess new development opportunities.

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Peter Paltoo shared a non-profit aged care provider perspective on the opportunities and challenges in providing seniors living. Peter emphasised ARV’s significant commitment to the expansion of aged care accommodation options underway in Penrith City particularly in the WELL precinct.

Anna Petersen outlined Landcom’s universal housing design guidelines which inform the development of a home that is practical and flexible, and meets the needs of most people of different ages and abilities over their lifetime without adaptation or specialised design.

Bob Chambers canvassed the need to provide a diversity of seniors living. He advocated for the provision of smaller more compact dwellings for older people to live independently as they age.

Participants at the Mayoral Forum

Key Themes

The Forum provided an opportunity for all attendees to discuss and exchange ideas about how to respond to the housing challenges facing many of the older residents in Penrith. The key themes that emerged from the forum discussions are summarised below.

Increasing Demand for Aged Care Services

Demand for aged care services in Penrith City has been increasing in accordance with population changes. By 2021, Penrith is expected to be home to over 45,000 people aged over 55, which will make up almost a quarter of the Penrith population. It is vital for Council to continue to undertake a strong advocacy role to ensure Penrith will receive a fair share of funding for health and aged care services, including high and low care aged care accommodation. This includes continuing to facilitate liaison between aged housing

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Ordinary Meeting 30 November 2009 A City of Opportunities development groups and new release area developers. This approach has been successful in the WELL Precinct with ARV.

Ageing in Place

Research and government policy reflect a strong preference by people to age in place. Ageing in place enables people to remain in their homes and communities for as long as possible so family and friendship networks can be maintained. Successful ageing in place requires housing that can adapt to changing mobility needs, access to community aged care packages and community infrastructure.

Housing that can adapt to people’s changing social and physical needs as they age is a primary requirement for successful ageing in place. To ensure suitable housing for the future ageing population is available within Penrith, Council needs to encourage the supply of accessible and adaptable housing and the provision of lifecycle housing that can adapt to meet the changing needs of home occupiers across the lifespan, through universal housing design principles. This approach has been incorporated in Council’s DCP as well as in the Urban Study and Strategy that informs the new Penrith Local Plan Stage 2.

Housing Choice

Older people require access to a range of housing forms and sizes to cater for their diversity of lifestyle choices and support requirements. Housing options include self care retirement village living, low care hostel accommodation and high care nursing home accommodation.

Such diversity is currently limited in Penrith. The Forum identified that all stakeholders including Council, developers, aged care providers, government departments need to work collaboratively to maximise the options available.

Affordable Housing

Access to affordable housing by some older people in Penrith was another key issue at the Forum. This is particularly the case for the vulnerable and disadvantaged households including older low income renters.

The affordability of residential care, both in terms of entry cost and on-going fees is an issue for many older people and their families. Both commercial and not for profit aged care service providers highlighted the cost barriers to providing rental options for self care accommodation.

Given the low income profile of many older residents in Penrith, access to affordable housing will become an increasing priority as the population of Penrith ages. Council’s partnership with Housing NSW to deliver more social housing for older residents will assist in addressing this challenge.

Development Challenges

The Forum identified a number of challenges regarding the development of seniors housing. They include:

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• Significant cost in developing high care facilities (current government policy prevents charging accommodation bonds for high care beds) • Significant upfront cash flow for retirement village development • Slow cash returns (sales are typically slow until all facilities are complete) • Access to land that is suitable for senior’s housing development (slope, proximity to services and infrastructure).

As previously indicated Council play an active role in facilitating liaison between aged accommodation providers and new release area developers.

Partnerships

The Forum agreed that planning for a diversity of housing options to accommodate different groups of older people with diverse needs and preferences within Penrith is a key challenge.

To respond effectively to the challenges, it will require effective partnership between Council, developers, aged care providers, community, and State and Federal governments. Council’s Planning for an Ageing Community Strategy focuses on these types of partnerships to deliver constructive outcomes for the City.

Closing remarks by Craig Butler ~ Director Penrith City Council

Response to Challenges

Many of the issues identified at the Forum largely align with actions already underway in a number of Council’s key adopted strategies. They include the Planning for an Ageing Community Strategy, the Penrith Urban Study and Strategy and the Sustainability Blueprint for Urban Release Areas. These strategies provide Council with proactive responses to a number of the challenges identified at the Forum. The specific responses to the challenges discussed at the Forum is detailed at Appendix 1. These responses are grouped according to the themes summarised above.

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Council has already been able to achieve significant outcomes over the last year in delivering greater housing choice for older people in Penrith City. A number of the major initiatives are summarised in the background section of this report.

Conclusion

Consistent with the Australian trend, the population of Penrith is ageing. The ageing of the population poses a number of challenges for Council including the supply of diverse housing types and the provision of community and residential services suited to the needs of older residents of Penrith. Effective responses to the challenges requires coordination, strategic partnerships, focussed advocacy and facilitating contact and dialogue between stakeholders including other levels of government, aged accommodation providers and new release area developers.

The hosting of the Mayoral Forum Housing Opportunities for Older People in Penrith City – The Way Forward has provided an opportunity for all key stakeholders to discuss and exchange ideas about how to respond to the housing challenges facing many older residents in Penrith. It has encouraged all stakeholders to work together to develop a coordinated response in meeting the housing needs of older people in the city.

The implementation of Council’s Planning for an Ageing Community Strategy, the Penrith Urban Study and Strategy and Council’s Sustainability Blueprint for New Urban Areas provides a strong foundation which can deliver effective responses to the housing challenges for older people in Penrith City. This will help ensure that Penrith can deliver the diversity of housing stock required in the future as the city’s population profile continues to age.

RECOMMENDATION That the information contained in the report on Mayoral Forum - Housing Opportunities for Older People be received.

ATTACHMENTS/APPENDICES 1. Response to Challenges 3 Pages Appendix

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Appendix 1

The responses to the key themes that were raised at the Mayoral Forum will continue to be advanced by a number of departments within Council. They include Community and Cultural Development (CCDM), Sustainability and Planning (SPM) and Development Services (DSM).

Key Themes/Issues Response Strategy 2.3 of the Planning for an Ageing Increasing Demand for Aged Care Services Community Strategy – “Support the planning, delivery and coordination of residential and community aged care services in Penrith” is directly related to this identified issue. (CCDM)

Particularly relevant is Action 2.3.2 “Continue to advocate to Commonwealth and State agencies to ensure Penrith receives an equitable share of funding resources for aged care and support Services”. (CCDM) Ageing in Place Supporting older people to age in place is one of the priority issues (Theme 3) identified in the Planning for an Ageing Community Strategy

This Theme covers a range of actions to advance the issue, ranging from a variety of planning initiatives to increase the supply of housing suited to the needs of older people in appropriate locations to a number of key actions to support older people to remain living independently in their own homes. (SPM & CCDM)

Housing Choice – Providing a range of Action 3.1.5 and Action 3.1.8 of Council’s seniors housing options Planning for an Ageing Community Strategy respond to the issue.

3.1.5 “In Penrith’s new urban release areas, continue to encourage a range of housing types and adaptable housing designs to meet changing household requirements and encourage the provision of retirement housing and aged care facilities.” (SPM)

3.1.8 “Through developer forums, provide information to builders and developers to raise awareness of designing for an ageing

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Key Themes/Issues Response population”.(DSM)

Through the Sustainability Blueprint for Urban Release Areas and the City-wide Development Control Plan, Council is able to encourage the provision of accessible and adaptable housing in the new multi-unit housing developments at different locations within the City of Penrith.

Action 3.1.6 of Council’s Planning for an Affordable Housing Ageing Community states:

3.1.6 “Explore strategies to promote the provision of affordable housing for vulnerable groups of older people in Penrith including Aboriginal and Torres Strait Islander residents”. (CCDM & DSM)

Council has formed a partnership with Housing NSW to deliver a number of social housing units targeting older people in Penrith as a result of the Federal Government’s Economic Stimulus Package.

In accordance with Sustainability Blueprint for Urban Release Areas, Council encourages 3% of all residential allotments to be provided for the purpose of affordable housing in new urban areas. (SPM)

Development Challenges Actions 2.3.5 and 3.1.7 of Council’s Planning for an Ageing Community Strategy respond • High development costs for high care to the issue. nursing home facilities 2.3.5 “Council will encourage the • Access to land that is appropriate for establishment of new residential care senior living facilities within Penrith through assistance to providers in identifying suitable sites and through working with Department of Health and Ageing to address the emerging shortfalls.” (DSM)

3.1.7 “Explore strategies to increase the availability of land in Penrith for aged housing projects, with a particular focus on sites where Council or the State government are significant

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Key Themes/Issues Response landowners”. (SPM)

Council’s Penrith Urban Study and Strategy and the Stage 2 LEP will provide the opportunity to increase the potential for land availability and development suited to the needs of older people in identified centres and other locations that provide ready access to shops, services and public transport.

Partnerships A key outcome of Council’s Planning for An Ageing Community Strategy is its strong emphasis on effective partnership with other levels of government, the community and private sector organisations to ensure Penrith provides a supportive community and urban form to enable older residents to participate in community life and meet their needs.

Apart from hosting the Mayoral Housing Forum which has provided a networking opportunity for all key stakeholders and encouraged a coordinated partnership approach, there are a range of additional actions listed in the Action Plan of Council’s Planning for an Ageing Community Strategy regarding external partnerships.

The external partners include the Sydney West Area Health Service, Department of Ageing Disability and Home Care, Ministry for Transport, GREAT Community Transport, local aged care providers, business community, the development industry, and the Penrith Volunteer Centre.

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14 Contracts of Employment for Senior Staff

Compiled by: Linden Barnett, Group Manager - Workforce & Workplace Authorised by: Alan Stoneham, General Manager

Strategic Objective: We have access to what we need Strategic Direction: We build on the strengths of our workforce

Executive Summary At its meeting on 16 November 2009 the Senior Staff Recruitment/Review Committee was provided with advice regarding the nature and contents of Senior Staff Contracts and Council’s role in determining those contracts.

It is recommended that the report be received.

Background Senior Staff Contracts At its meeting on 13 November 2006 the Senior Staff Recruitment Review Committee was advised of the new Standard Contracts of Employment for General Managers and Senior Staff. The Committee was advised that the new Contracts were mandatory and would take effect from 1 July 2006 for General Managers and from 1 September 2006 for Senior Staff.

The Director General for the Department of Local Government in his circular to all Councils (copies attached) advised of the mandatory nature of the contracts. However, some opportunity for flexibility was allowed for the General Manager when negotiating Senior Staff Contracts and for the Council in negotiating the employment contract for the General Manager.

Those flexible matters were:

Duration of the contract (within legislative limits) Structure and level of the remuneration package; and Performance-based requirements

Attached to this report is a copy of the schedule of the significant differences between the new Employment Contracts when compared with the old Contracts (both Employment Contracts are similar). This schedule was provided for the information of the Committee by the Legal Officer as an attachment to the report to the Senior Staff Recruitment Review Committee meeting on 13 November 2006. Model Employment Contracts were also provided at that meeting. Copies of these documents are attached. Also attached is a copy of the provisions of Section 335 of the Local Government Act 1993 relating to the functions of the General Manager.

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Current Position Since the introduction of the standard contracts of employment, the two current senior staff and the General Manager have their conditions of employment and remuneration regulated by the standard employment contracts.

RECOMMENDATION That the information contained in the report on Contracts of Employment for Senior Staff be received.

ATTACHMENTS/APPENDICES 1. DLG Circulars to Councillors 4 Pages Attachment 2. Legal Officer's comparison of contracts 5 Pages Attachment 3. Standard contract of employment - General Manager 25 Pages Attachment 4. Standard contract of employment - Senior Staff 24 Pages Attachment 5. Section 335 of the Local Government Act 1993 1 Page Attachment

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15 Seniors Week 2010

Compiled by: Diane Boyde, Community Development Officer - Older People Authorised by: Erich Weller, Community and 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 In 2010, Seniors Week will be celebrated from Sunday 21 March up to and including Sunday 28 March. Seniors Week celebrations encourage the involvement of older people in community life and support their continued participation in local activities.

Each year Council hosts the major Seniors Week celebration event in the City – a concert at the Joan Sutherland Performing Arts Centre. Following an overwhelming demand for bookings to the 2009 Concert, this year two concerts will be held – a morning and afternoon session. This will allow more seniors to attend the concert.

Council also allocates funds each year, through the Seniors Week Grants Program, to community-based groups to assist with organising activities for older residents across the LGA.

This report provides information about Council’s Seniors Week 2010 function and makes recommendations on funding the Seniors Week 2010 grants. The report recommends that Council receive the report and approve Seniors Week grants to 14 eligible local community organisations for activities to celebrate Seniors Week 2010.

Background

In 2010, Seniors Week will be celebrated from Sunday 21 March up to and including Sunday 28 March. Seniors Week celebrations encourage the involvement of older people in community life and support their continued participation in local activities. The theme for 2010 is ‘Live Life’, with an emphasis on thanking seniors and acknowledging their valuable contribution to the local community. Seniors Week is also a great opportunity for all generations to join and celebrate with older people.

In partnership with a number of local community organisations Council hosts the major Seniors Week celebration event in the City – a concert at the Joan Sutherland Performing Arts Centre. This year, two concerts will be held – a morning and afternoon session. This will enable up to 800 seniors to attend the concert rather than 450.

Council also allocates funds each year, through the Seniors Week Grants Program, to community-based groups to assist with organising activities for older residents across the LGA. The budget for 2010 Seniors Week allocations to community organisations is $6,500.

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As in previous years, Council has applied for funding of $1,000 from the NSW Department of Human Services - Ageing, Disability and Home Care to assist with Council’s Seniors Week event.

Council Event – ‘Active Ageing’ Council’s 2010 Seniors Week event will be held on Thursday 25 March at the Joan Sutherland Performing Arts Centre. Each year the number of seniors wishing to attend the concert has increased.

Following an overwhelming demand for bookings to the 2009 concert, it is proposed to hold two concerts, a morning session and an afternoon session. This will enable up to about 800 seniors to attend. Council will provide a light morning and afternoon tea.

The theme for the concert will be ‘Active Ageing’ with performances predominantly by local groups and organisations including three local high schools. The theme is consistent with Council’s ‘Planning for an Ageing Community’ Strategy.

A detailed concert program will be provided closer to the event.

Seniors Week Grants – Applications from Community Organisations The availability of Council funds to assist community organisations and groups in the provision of Seniors Week activities in 2010 was advertised in the local media and extensively through community networks and on Council’s website. Grant applications were to consider the aims of Seniors Week 2010 which are:

• Promote, amongst people of all ages, a more positive understanding of ageing; • Enhance recognition of the contributions of older people to the broader community; • Provide information and activities that will assist older people to continue to lead independent lives.

Attachment 1 identifies that Council has received applications from community groups and organisations for fifteen (15) separate activities totalling $11,980.

Project Assessment Project selection criteria identified in the 2010 Seniors Week grant guidelines are:

• The activity or event must involve the wider community or have the potential to reach the wider community; • It must promote positive images of being older; • The activity should be innovative and creative; • The activity or event should showcase the skills of older people and their continuing contribution to the general community.

Council officers have discussed activities and project budgets with project applicants. One (1) application did not meet the condition in the funding guidelines that all Seniors Week activities must take place within the Penrith LGA. This application is application number three in Attachment 1. Thus fourteen (14) applications are recommended for funding. These are listed in Table 1 below.

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Due to the high number of applications received it was necessary to discuss with the organisations some opportunities to reduce the amount of funds required, either through donations, the use of additional applicant organisational resources, or through alterations to the scope of the proposed activities. These changes have been negotiated and agreed with the applicant organisations.

Attachment 1 also provides some comment about each application and how it meets the funding criteria and identifies any opportunities to better utilise the requested funding for each grant application.

The projects recommended for funding and the recommended allocations are as follows:

Table 1: Seniors Week Grants 2010 – Recommended Projects and Allocations

No Organisation Proposed Activity Recommended Allocation 1 St Marys & District Historical Memories Fashion Show and $350 Society Inc Morning Tea

2 Werrington Elderly Care Live Life Longer $350

3 Mountainview Retreat A Celebrative Birthday Party $300 Retirement Village and Soiree 4 St Clair Catholic Parish – Seniors Colonial Luncheon $400 Seniors, Disabled and Friends Outreach Group 5 University of the Third Age Seniors Education Open Day $500

6 Londonderry Public School Grandparents Day $500

7 Oxley Park Public School Grandparents Day $500

8 St Clair Youth and Seniors Showcase $400 Neighbourhood Team 9 Australian Storytelling Guild ‘More Stories by the River’ $600 (NSW) inc – Emu Plains Chapter 10 Werrington Community Seniors Morning Tea $400 Project Inc. 11 SPYNS Inc. Connecting with our Past $500 12 Claremont Meadows Public Sharing Moments in Life’s School Experience $400 13 North St Marys Living Life to the Full $500 Neighbourhood Centre 14 Anglicare Seniors Expo $800 TOTAL $6,500

The range of recommended projects will provide an exciting community program for Seniors Week 2010.

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Summary The 2010 Seniors Week event will be held on Thursday 25 March at the Joan Sutherland Performing Arts Centre. Each year the number of seniors wishing to attend the concert has increased. Following an overwhelming demand for bookings to the 2009 concert, it is proposed to hold two concerts, a morning session and an afternoon session. Council will provide a light morning and afternoon tea.

Council has applied for a grant of $1,000 from the NSW Department of Human Services - Ageing, Disability and Home Care, to assist with organising the function to celebrate Seniors Week 2010. Notification should be received by the end of December 2009 as to the success of the application.

The amount available for the Seniors Week 2010 Grants Program is $6,500. Community organisations have applied for contributions totalling $11,980 to assist in the delivery of fifteen (15) projects for Seniors Week 2010. One (1) application did not meet the condition in the submission guidelines that all activities must be held in the Penrith LGA.

It is recommended that Council provide grants to the value of $6,500 to fund fourteen (14) local community organisations and groups for the activities listed in Table 1 in this report to celebrate Seniors Week 2010.

Council will also be promoting the Seniors Week program of activities before Senior’s Week 2010 commences through the local press, service networks and voluntary groups.

RECOMMENDATION That: 1. The information contained in the report on Seniors Week 2010 be received. 2. Council provide Seniors Week Grants to the value of $6,500 to 14 local community organisations to celebrate Seniors Week 2010, as outlined in the report.

ATTACHMENTS/APPENDICES 1. Seniors Week Grant Applications 2010 9 Pages Attachment

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16 Tender 14-08/09 for the Supply & Delivery of Child Care Consumables

Compiled by: Mal Ackerman, Supply Co-ordinator Jade Bradbury, Children's Services Business 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 The purpose of this report is to advise Council on the outcome of a Tender for the supply & delivery of child care consumable products on an “as required” basis for an initial period of 1 year with an option to extend the agreement for a further 2x1 year periods subject to satisfactory performance and with provision for rise and fall.

A total of 10 tenders were received, of these 2 of the submissions were only for a token number of items and these were excluded from the final evaluation as the tender documents specified that we were seeking organisations with the capability of providing the full range of products. Although Abcoe Distributors Pty Ltd were the only tenderer who tendered for the complete range of products, all other tenderers submitted a tender for a major portion and therefore were fully assessed against the evaluation criteria.

Following the initial assessment of the remaining 8 tenderers the evaluation panel then established a short list of tenderers based on cost and capability in meeting the specified requirements.

The short listed tenderers included:

• Livingstone International Pty Ltd • Abcoe Distributors Pty Ltd • Klenall Industrial Supplies Pty Ltd

Further investigation was undertaken in regard to the short listed tenderers this included site visits, financial risk analysis and referee checks.

The final recommendation is based on the best outcome for Council in regard to, quality of products offered, OH&S performance of the product, ability to meet the service delivery requirements, and overall cost.

On this basis the evaluation panel determined that Abcoe Distributors Pty Ltd submitted the overall best proposal and their tender is recommended for acceptance. Their tendered prices remain valid until 1 December 2009.

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The final result will deliver an improved level of service to the child care centres as well as achieving an annual saving of approximately 9 % when compared to the current arrangements.

Background During 2005 a review of Child Care consumable product requirements was undertaken. The review included:

• The identification of the range of products currently purchased along with usage; • Identification of products commonly used across Council that could also be used by Child Care Centres; • Determination of what key products could be standardised that would ensure consistency of quality and compliance with OH&S requirements; • Investigate the benefits of establishing a centralised supply base for the products.

It was determined that, along with the standardisation of products, considerable cost benefits and OH& S benefits were achievable through consolidated purchasing arrangements and by purchasing these products from existing supply contracts.

Following the review a range of products were standardised and the main depot store began supplying these products to Child Care Centres during 2005. These included:

• General Cleaning accessories • Personal protection products • First Aid Products • Chemicals & Cleaning Products • Sanitary products

Whilst this has proven to be successful, limited resources, along with an increase in demand, has reduced the level of service we are able to provide to the child care centres.

Following market research it was established that there were a number of suppliers already holding similar inventory and delivering these products to customers through a fully supported infrastructure. Because of the need for improved service levels it was decided to embark on a tender process to outsource the Supply & Delivery of the full range of products.

Tenders were publicly advertised in the Sydney Morning Herald, the e-tendering web site and local press on 3 March 2009 and closed on 31 March 2009.

Tender Documents It was proposed in the tender documents that Council would select a preferred supplier capable of supply and delivery of the full range of products specified. Where a product brand name was included in the description of the product specified tenderers were invited to offer the same brand or equivalent brand products.

Tenderers were provided with a detailed list of products along with estimated annual usages with no commitment to purchase any specific volumes and were required to provide their unit prices for the full range of products including delivery to the individual child care centres. In addition to the price schedules tenderers were requested to complete a series of criteria

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Tender Evaluation Evaluation Panel The tender evaluation panel comprised the following members:

Robert Lewis (Acting Supply Contracts Officer-since left Council) Jade Bradbury (Children’s Services Business Coordinator) Natasha Lee (Children’s Services Coordinator)

The evaluation process was overseen by the Supply Coordinator (Mal Ackerman)

Evaluation Process The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of products specified; 2. Assessment of costs based on the unit rates tendered and the estimated annual usage; 3. Determination of a short list based on the best rankings from 1& 2 above; 4. Further evaluation of the short listed companies through:

• Site visits and formal interviews and where necessary view the quality of products offered • Financial Risk analysis • Referee Checks

Evaluation Criteria The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents. The criteria included:

Scope of Requirements • Demonstrated ability in the supply and delivery of the specified products to multiple sites • Delivery times & product distribution • Material Requirements • Product environmental requirements • Ordering methods

Price • The unit rates offered • Minimum Order values • Rise & Fall provisions

Management and Administration • Reporting capability • Industrial Relations

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• Occupational Health & Safety and Public Liability Management. • Quality Assurance Systems. • Environmental Management

Tenders received A total of 10 tenders were received as follows (alphabetical order)

• Abcoe Distributors Pty Ltd • All Clean Products Pty Ltd • Australian Therapeutic Supplies Pty Ltd • Bakers Construction & Industrial Supplies Pty Ltd • Corporate Express Australia Pty Ltd • Express Industrial Supplies Pty Ltd • Klenall Industrial Supplies Pty Ltd • Livingstone International Pty Ltd • Mediflex Industries Pty Ltd • Torstar Holdings Pty Ltd

Initial Comments Where a company offered a majority of items they were included in phase 1 & 2 of the evaluation criteria. The following Tenderers only provided prices for a minimal number of products and for this reason were not given further consideration. It should be noted that only one Tenderer (Abcoe Distributors Pty Ltd) submitted an offer for the full range of products.

• Australian Therapeutic Supplies Pty Ltd • Express Industrial Supplies Pty Ltd

Evaluation Comments (non price elements) Abcoe Distributors Pty Ltd They are a locally based Company and were the only tenderer to offer for all products specified. They demonstrated their capability in meeting all of the requirements. They have the required infrastructure to meet the service delivery requirements and the overall quality of products offered is similar to the products currently used.

All Clean Products Pty Ltd They submitted a tender for the majority of products. Some of the items not priced were junior nappies and a particular selection of latex gloves. They are based in Guildford NSW and demonstrated their capability in meeting all of the requirements.

Bakers Construction & Industrial Supplies Pty Ltd They submitted a tender for the majority of products with only one product being unpriced. They are currently the Contracted supplier to WSROC for all hardware products and also demonstrated capacity and capability in meeting all of the requirements.

Corporate Express Australia Pty Ltd They submitted a tender for the majority of products. Some items not priced were alternative bio-degradable nappies and a selection of Latex Gloves.

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They are a major provider to councils for these types of products and are on the State Government Contracts panel as well as the Local Government Procurement panel contract for Stationery products. Their main distribution warehouse is based in Erskine Park and they also demonstrated capacity and capability in meeting all of the requirements.

Klenall Industrial Supplies Pty Ltd They submitted a tender for the majority of products. Only nappy cassettes (disposal of nappies) and polyethylene gloves were not priced.

They are a locally based company who were previously supplying similar products to child care centres prior to the depot store taking over this function. They also demonstrated capacity and capability in meeting all of the requirements.

Livingstone International Pty Ltd They submitted a tender for the majority of products with only some minor first aid items unpriced. They have 2 main distribution warehouses in Roseberry and Turella NSW. They also demonstrated capacity and capability in meeting all of the requirements.

Mediflex Industries Pty Ltd They also tendered for a majority of products with some floor cleaning items along with toilet rolls and cloth wipes not priced. They are based in Arncliffe NSW and they also demonstrated capacity and capability in meeting all of the requirements.

Torstar Holdings Pty Ltd Whilst they submitted a tender for a large number of items they were unable to provide the range of toilet papers required and hand towels. Whilst they have a good distribution network (based locally) and would be capable of providing service delivery, the products that were not offered are high demand items that would need to be sourced elsewhere creating additional administration time.

Tendered Prices The following table represents the annualised cost for each tenderer (lowest to highest) based on the unit rates tendered and the estimated annual usage.

In the cases where there were no prices tendered for specific items an average price was used to ensure the total comparison represented the full range of items across all tenderers.

Tenderer Annualised Cost Livingstone International Pty Ltd 152,371 Abcoe Distributors Pty Ltd 154,641 Klenall Industrial Supplies Pty Ltd 161,173 Corporate Express Australia Pty Ltd 179,256 Mediflex Industries Pty Ltd 180,493 Torstar Holdings Pty Ltd 195,605 All Clean Products Pty Ltd 252,104 Bakers Construction & Industrial Supplies Pty Ltd 276,917

As a benchmark the current cost to supply the specified products from the depot store is $171,199.

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Short listed Tenderers Following Phase 1 & 2 of the evaluation the panel determined that the following tenderers represented the best “overall value for money” to Council and were short listed for further evaluation:

• Livingstone International Pty Ltd • Abcoe Distributors Pty Ltd • Klenall Industrial Supplies Pty Ltd

For the remaining tenderers it was determined that there was no benefit to Council in further considering these higher priced offers.

For each of the short listed tenderers the following additional reviews were carried out:

• Site visits and formal interviews and where necessary view the quality of products offered; • Independent Financial Risk analysis; • Independent Referee Checks.

Site Visits The evaluation panel conducted site visits to each of the short listed tenderers premises to meet with key staff and to further evaluate their capability in regard to the following criteria:

• Methods of Payment order processing systems • Account management support and general administration • Delivery service capability • Quality of products

Comments on Site Visits Abcoe Distributors Pty Ltd

Abcoe Distributors Pty Ltd is a Penrith based company and has been operating for over 40 years. The structure of the organisation changed in the past 2 years with an amalgamation of five (5) separate businesses into one (1), with an annual turnover of $10m, employing a total of 40 staff, of which 70% are permanent and 30% casual. The warehouse and general office was very well organised with efficient systems in place. The overall housekeeping was very good and the sales team very friendly. The ongoing support of the services would be provided through a dedicated sales team.

At the time of the site visit the web based ordering system was still in development and the method of ordering would be by phone or facsimile. The quality of products offered is of a proven standard and the majority of items are the same brand as the centres are currently using. The container sizes offered for the various cleaning chemicals are maximum 15 litres. They have their own fleet of delivery vehicles (5) of a size suitable for access to the child care centres and can provide next day delivery. Overall capability in meeting the specified requirements was confirmed through the site visit.

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Livingstone International Pty Ltd Livingstone International Pty Ltd is a well established company with over 40 years of operating experience and an annual turnover of $50m.

Internet ordering is available as well as phone/facsimile ordering and they have a large warehouse with efficient systems in place. Next day delivery system is in place using external contractors to deliver goods provided order is received by 1.00 pm. Quality of products offered was reviewed. In most cases a number of generic brand items were offered and without an adequate trial of the products an assessment of the product acceptability could not be made. In the case of cleaning chemicals, some of the container sizes tendered were 25 litres in size. This is considered to be an OH&S issue for the centres when handling this size package. Overall capability in meeting the specified requirements was confirmed through the site visit.

Klenall Industrial Supplies Pty Ltd Klenall Industrial Supplies Pty Ltd is a Penrith based company and have been in operation for 25 years initially starting out as a home business. They employee 15 permanent staff and have an annual turnover of $6m. They have a web based on line ordering system as well as receiving orders by phone or facsimile. They have their own fleet of delivery vehicles of a size suitable for access to the child care centres and can provide next day delivery.

The quality of products is similar to what is currently used, in the case of cleaning chemicals some of the container sizes tendered is 25 litres in size this is considered to be an OH&S issue for the centres when handling this size package.

Overall capability in meeting the specified requirements was confirmed through the site visit although the level of housekeeping was not of the same standard as that observed at both Abcoe Distributors Pty Ltd and Livingstone International Pty Ltd.

Financial Analysis An independent financial analysis was undertaken by Corporate Scorecard Pty Ltd on each of the short listed companies. There were no adverse findings and each tenderer demonstrated that the proposed contract is within each of their operating capacity.

Referee Checks Third party referee checks were conducted for each of the short listed Tenderers, again there were no adverse findings and it was re-affirmed that all tenderers have an excellent work and service record in the industry.

Conflicts of Interest There were no disclosures regarding any Conflict of Interest from either of the short listed tenderers.

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Summary Based on the initial evaluation of tenders and the subsequent site visit the best overall value for money tender was submitted by Abcoe Distributors Pty Ltd. They demonstrated that they were superior to the other short listed tenderers in the following areas and are recommended: • Proven product quality • Demonstrated ability to provide the full range of products specified • Competitive unit prices • Local Supplier with demonstrated ability to provide a high level of service.

Due to the extended time period required for the completion of the evaluation process the short listed companies agreed to extend the validity of their tendered prices until December 1 2010

Comment by Financial Services Manager This is a unit price agreement with no commitment to volume, funding has been allowed for in the normal operating budgets for the purchase of child care consumables. This tender provides an improved outcome for the childcare centres in better delivery timeframes at a reduced cost, based on anticipated product volumes.

Comment by Tender Review Group The assessment of the tender has been delayed due to concerns about Abcoe Distributors Pty Ltd trading potentially not in accordance with planning laws. After investigations by Council officers and certain responses by Abcoe Distributors Pty Ltd, the planning concerns initially raised have now been resolved. This process took a number of months to clarify.

The Council’s Legal and Governance Manager and the Acting Executive Officer have reviewed the processes of the tender and believe that the report represents a fair assessment of the tender selection process and support the recommended tenderer.

RECOMMENDATION That: 1. The information contained in the report on Tender 14-08/09 for the Supply & Delivery of Child Care Consumables be received. 2. The tender received from Abcoe Distributors Pty Ltd be accepted and a unit price contract be awarded for an initial period of 1 year with an option to extend the agreement for a further 2x1 year periods subject to satisfactory performance and with provision for rise and fall.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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A GREEN CITY

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17 ICLEI World Congress and Study Tour

Compiled by: Craig Butler, Director - City Planning Authorised by: Craig Butler, Director - City Planning

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

Executive Summary

The purpose of this report is to report back on the findings from Craig Butler’s attendance at the ICLEI Local Governments for Sustainability World Congress in Edmonton, Canada between 14 - 18 June 2009 and the ICLEI Study Tour of Vancouver, Seattle and San Francisco between 19 – 24 June 2009.

That humanity has profoundly influenced the World’s ecological health and well-being is beyond dispute. There remains, however, a difference of opinion about whether this decline in condition can be redressed by the phenomena of natural ecological systems, or slowed by human intervention.

Overwhelmingly the consensus is that the commencement of action should not be further delayed while the above debates continue. But what level and form of intervention, action or change is needed? Much confusion remains about these considerations.

Clearly, no individual, community, organisation or government is capable of individually resolving these questions and so it is exceedingly logical for the world’s population to unify to confront this challenge.

Attendance at the ICLEI World Congress and US Study Tour by Council’s Director, Craig Butler, provided insight to the actions being taken by Local Government world-wide to address the impacts of climate change.

The findings were that the most resilient cities are anticipating, planning and acting for the future. Climate change complicates all pre-existing issues and so it needs to be integrated into the responses that are being made to these issues – it is ‘core business’. Also, action at the local level is the most effective way to mitigate the consequences of climate change. Local government can play a primary role here but it requires the necessary recognition and support to do so.

1. ICLEI

The International Council for Local Government Initiatives (ICLEI) was formed in 1990 to provide leadership in the linking of local governments to global environmental policy processes including multi-lateral environmental agreements. Since then, ICLEI has grown so

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ICLEI have developed methodologies and innovative tools which are applied through the local government membership. The network of members has undertaken climate action planning initiatives and is working on water management, sustainability management and biodiversity management.

The World Congress, which was held in Edmonton, Canada between 14 – 18 June 2009, had four elements:

1. A report back on achievements and review of progress 2. A look at global trends and scenarios, the resources of communities and the economy of cities which dictate the parameters for local action 3. Discussion of opportunities for local action 4. Establishment of cornerstones for future strategy

The World Congress is held every three years. The 2009 Congress was attended by 600 delegates from 97 countries.

ICLEI Oceania organised attendance at the Congress and Study Tour by a small group of Councillors or senior management representatives from the Councils of Ryde, Brisbane, Gold Coast, Moreton Bay, Melbourne, Moreland, Busselton, Joondalup, Adelaide and Penrith.

2. Sustainable Purchasing

Craig Butler gave a presentation at the Congress’ Sustainability Procurement in Practice session.

Other panellists also showcased their City’s experiences in sustainability and ethical procurement. It was encouraging that Calgary, a city of 1 million people with a greater purchasing role than Penrith, was adopting similar initiatives. Like Penrith, they have focused on the elements of:

• Training of staff and suppliers • Provision of tools to assist in purchasing decisions • Some centralisation of purchasing • Incentives and other funding initiatives such as our Sustainability Revolving Fund

A measure of Calgary’s commitment to sustainability purchasing is their concept of ‘ride the wind’ for their trains which source 80%of their power from green energy.

Helsinki presenters spoke of their procurement campaign, an element of which involved the local government taking a lead role in improving the environmental knowledge of procurers across the city. This is a role that Council, perhaps with other business groups in the City, might play.

Indeed, this concept of local government leading or facilitating actions by others through a more connected city was a theme which was often heard during the Congress and Study Tour.

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The presenters and the audience generally concurred that the certification and validation of the claimed sustainable or ethical credentials of producers or suppliers was a common area of concern.

3. Overview of Climate Change, Trends and Consequences as a result of matters presented or discussed at the Congress

3.1 Observations from the Congress

Over 4 intense days the Congress participants exchanged views and experiences on a broad range of matters relating to the challenge of global environmental change.

The Congress was almost ‘United Nations’ in its feel with diverse representation from the international local government movement. Broad perspectives were brought to the table. Like the United Nations, there were factions with different emphasis or viewpoints. The global south (representing the continent of Africa), Europe and the US appear to be strong entities in their own right within ICLEI. Asia and to some extent Oceania were less well represented or vocal and ICLEI will need to correct this. In the case of Asia, for instance, that region holds 60% of the global population and the majority of the large growing cities so there is a compelling case for greater emphasis on that locality.

It was interesting to hear candid feedback about how Australia is viewed from a wider international perspective. Our delegates were asked questions about our address of the difficulties still faced by our first people, the Aboriginal and Torres Strait Islander people, and more currently, Indian students. Australia’s continued exportation of coal to developing nations was not overtly raised but subtly acknowledged.

Notwithstanding the above, there are a number of examples where Australia demonstrates sustainability leadership beyond that of our international peers – most notably in relation to water saving initiatives and social planning and development.

Most of the approaches by local government which were spoken of at the Congress were urban and metropolis (greater than 1 million people) in character. It seems that a critical mass required for real innovation is found with an agglomeration of around 1 million people – especially if that is in a high density form of living. This presents challenges for Australian cities which are generally smaller and less densely populated. It suggests a case for greater amalgamation of effort through strong and functional regional alliances of local government – a new model of governance is required for the needed resilient cities of the future.

Australia however, is not alone in its need to invent the governance model required to adequately address the consequences of global environmental trends. It became increasingly apparent through the Congress and the Study Tour that the World-wide city membership (government, community and business) of the future will be required to work in a radically different way.

There will be challenges for Australia because of its multiple levels of government, low density settlement patterns and continuing ambivalence in relation to the consequences of climate change. This, however, may be no more challenging or complex than for the rest

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of the World, where in many cases countries abut one another and both resources and consequences are shared, creating an inter-dependence to address underlying issues.

It was apparent that the World view is that action at the local level is the most effective way to mitigate the effects of climate change; however, while local leaders are motivated to lead the effort, they lack by far the necessary funds. Major capital investment is required for example if the necessary transformations in energy use and greenhouse gas emissions are to be achieved within the timeframes required.

In support of the case for new governance arrangements, the point was repeatedly made throughout the Congress that climate change is not a stand-alone issue. It pervades all aspects of the operations of government, business and community. It complicates pre- existing issues so it needs integration with the responses that are being made to these issues. All parties will need to refine their ecological values and broader collaboration will be needed to agree on the responses to climate change.

Cities, businesses and communities need to plan for climate resilience. Many examples were given of networked approaches. By way of example, the ICLEI US membership conceptualised and is continuing to develop the Local Climate Action Fund. Its intention is the establishment of a means by which local government can finance energy efficiency and climate protection projects. They are looking for private investment in the fund.

Chicago Green Office Challenge calls for companies and building owners to help Chicago become a greater place to live and work – saving energy and money. The Local Government Green Jobs Pledge is designed to provide local leaders with a forum to commit to promoting economic development that creates green jobs, restores communities and improves the environment.

3.2 Observations of Edmonton

Aside from the Congress, the visit to Edmonton provided an opportunity to see sustainability actions in practice. At the community level there appears to be a good level of understanding of the relationship between human activity and environmental condition.

Example 1: in a casual conversation, an 81 year old Edmonton resident was able to speak at length about the discomfort which both he and Canadians more generally feel about the tension between their nation’s 70% self-sufficiency in oil supply and the environmental consequences of extracting this oil from those sand reserves.

Perhaps we need to work harder on engaging and educating the community on sustainability matters.

Example 2: Grandmothers of Alberta for a New Generation (GANG) were conducting a public event in a park off White Avenue (a fashionable suburb of Edmonton) on a Saturday morning to raise the profile of their group and its efforts. The Group is a tremendous example of local activism which is helping to respond to the issue of African women who are forced to raise their orphaned grandchildren when the parents are lost to HIV AIDS. Perhaps we should work harder to encourage local dialogue on important matters in the City’s public spaces and places.

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The powerful aspect was the public display of activism. Australians are a little more reserved but perhaps we need to create public spaces or communication media through which discussion of sustainability matters can occur.

Farmers Markets, Old Strathcona

The market is a most popular event. One of the merchants, an asparagus farmer, explained that her financial return from the markets was twice that achieved if she sells through a third party. As a result her farm is more viable and two of her children have now returned from careers elsewhere to live and work on the farm. She described herself as a ‘price fixer’, not a price taker.

Eco-mobility

Edmonton has a population of about one million people. Their housing style is similar to Penrith – detached housing. The Council is committed to eco-mobility. Walking and cycling networks are extensive and a light rail system has been established and is being extended. The light rail runs through the downtown to key nodes which typically comprise of one of the campuses of the University of Alberta. Transit-oriented development is being planned adjacent to the light rail through high density zoning. The University is strongly integrated within the town because, as their spokesperson put it, they need to be ‘located in successful cities’.

Other examples of the Council’s eco-mobility initiatives include:

• Bike month • Their development of a calculator so that individuals can determine savings both in dollars and environmental terms from their various commuting options • A walkability strategy which is run out of the Council’s Community Development Department on the basis of health and well-being outcomes • A website to connect people interested in car pooling • Staff initiatives for eco-commuting • Traffic management is addressed on a precinct basis rather than through individual facility installation with all aspects of community movement considered • University student’s fees incorporate a small contribution for public transportation after which they are able to travel free on the buses and light rail.

The work we are doing to reduce traffic speeds in the CBD, improve pedestrian and bus movements and enhance public transportation assist in eco-mobility. Much more is required.

Study Tour

At the conclusion of the World Congress, the ICLEI Oceania delegation undertook a Study Tour of Vancouver, Seattle and San Francisco between the 19 and 24 June. The list of meetings and site tours is attached.

4. Observations from the Study Tour

4.1 Vancouver

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The key observation here was that difficult, bold and visionary planning approaches can produce resilient cities ie in the 1960’s Vancouver was adopting the same motor vehicle based approach to planning as other North American cities. A motorway which would bisect the downtown was approved. Public opposition emerged and the decision was rescinded. Mobility into and through the city was revisited and an entirely new hierarchy was established. The hierarchy in descending priority was walking, skating or rollerblading, cycling, mass public transportation, freight and finally the single motor vehicle.

Landuse options were shaped around the transport hierarchy. Intense densities were allowed in the CBD and the City’s population growth aspirations were targeted at a worldwide market that would be receptive to such an urban form. As a result, a cosmopolitan new population was attracted to a high rise walkable city set within an impressive natural environment.

Like many North American cities, however, there are social challenges. A large homeless population exists and typically this group has profound substance abuse issues. The city is working to manage this issue in its older more squalid precincts which are the only places still available to this sub-group. The issue is being addressed by place management. The Council first upgrades the public domain and shortly thereafter provides incentives for landowners to redevelop their properties. The opportunities of heritage buildings are promoted with development occurring up and over these. The challenge however has been to not extensively gentrify this area to the extent that the whole downtown becomes unaffordable.

Vancouver has adopted a multi sectoral approach to the recent establishment of a Homelessness Taskforce for Penrith.

4.2 Seattle

Seattle was a contrast to Vancouver. It was much more ‘hard urban’. While Vancouver rejected a motorway, Seattle embraced the idea. A 12 lane, two level motorway now runs through the City separating the CBD from its more attractive asset, the waterfront. Realising the profound adverse impact that the motorway has on the effective functioning of the CBD it is now being undergrounded at an immense expense. Indeed, more generally, the City is moving its CBD away from a motorway focus. Examples include:

• Seattle Pedestrian Master Plan 09 which co-ordinates the actions of government, community and business to facilitate pedestrian movement (www.seatlle.gov/transportation/communityparking.htm ) - it is a strategy for the City Centre which focuses on growing the economy, solving transportation issues, fostering great neighbourhoods and providing a diverse range of quality public spaces. • Center City, Seattle – liveable…workable…24/7 • SDOT’s community parking program

Seattle is working hard to reduce their impact on their waterways (river, streams and harbour). They are undertaking good work with natural drainage systems and community education on the management of stormwater at home (www.seattle.gov/util/rainwise)

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The delegation visited the Seattle City Hall and attended a Council meeting. One of the delegates, Cr. Stephen Yarwood, Deputy Mayor of Adelaide City Council, addressed the meeting which is televised to the public.

Their ‘Town Hall Meetings’ concept is interesting. The public are invited to discussions of critical issues and challenges. These include: 1. How can we best address the challenge of youth violence? 2. What can the City doe to help ensure the public schools work? 3. What can we do to protect and increase trees from the urban forest?

The City Hall is a sustainably focused building. Both the design and the function of the building were impressive. It has been designed to last 100 years, replacing the municipal building which experienced only 40 years of use. Benefits include:

• 24% reduction in energy use • 100% less potable water use for irrigation • 30% less potable water use indoors • 27% reduction in stormwater run off

4.3 San Francisco

San Francisco City is the second most densely populated city within the US. The lifestyle, amenity and character in the downtown and surrounding suburbs is exceptional.

Local government in these major cities is at an entirely different and larger scale to Australia. Their functions are much more diverse and their economic power provides greater opportunity for intervention and initiative in relation to sustainability. Notwithstanding, there are factors which make San Francisco in particular a leader in so many respects. It is a city that is patently at the creative edge. This started at its genesis when San Francisco was created as a gold rush frontier town and after the Second World War as a major settlement place for people re-starting their lives from the War. From there came the liberal society movement of the 60’s and more recently the IT industry housed in what is now known as Silicon Valley.

The values and behaviour of the City’s leadership appear to be matched to those required for a resilient city. The Department of Environment reports directly to the Mayor and candidates for the next Mayoral Election are trading blows in terms of their ‘green’ principles and aspirations. The City’s employees include sustainability leaders of international repute.

The City is a national leader in alternative fuel clean vehicle technology with more than 800 clean vehicles in its fleet. The City encourages its 28,000 employees and the public to travel other than by car with a range of trip reduction programs such as:

• Pre-tax Commuter benefits programs • Emergency ride home • Bicycle promotion • Ride sharing programs • A city bicycle fleet program • Clean vehicle taxies are encouraged by incentives and mandated in some aspects.

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The City has developed an urban eco-map (www.urbanecomap.org) which allows residents to see the amount of greenhouse gas volumes generated in their neighbourhood. The site also offers tips on how to reduce these emissions. See also http://calculator.ecoactionteams.ca

On one site visit, the delegation went to a renovated former industrial building. The internal space was sub-let to young innovative, start-up businesses. The particular unit visited was shared by five young creative people. These included engineers, mechanics, graphics and IT experts who ‘sparked off’ one another. This clustering of young free thinking talent in the one space is a smart use of loose planning provisions to promote innovative business opportunities and collaborations.

A tour of the downtown public spaces was also informative. The City has encouraged developers to provide public open space in return for the value uplift they receive from the increased development potential of their sites through rezoning. Of special interest were the publically accessible rooftop gardens denoted by a sign at street level. They provide high quality landscaped spaces from which different perspectives of the City were viewed. They also ‘greened’ the buildings.

5. Principal Findings from the World Congress and Study Tour

5.1 Resilience

Current environmental trends are unsustainable because of:

• The pace of global environmental change; • The trend toward degradation of eco-systems globally; • The overshoot of the human footprint on the Earth’s capacity requirement; and • Resourcing of local efforts.

As the World becomes increasingly urbanised, Cities are the places where significant action is needed.

Resilient cities anticipate and plan for the future. They reduce dependence to achieve resilience. They are characterised by strong and passionate leaders and are networked where the collegiate potential of governments, businesses and communities are all effectively focused on resilience.

Our networks should include all within the City as well as our national and international peers. ICLEI will be an important partner in this regard. The partnership with ICLEI’s international members will be reciprocal because there are areas where we are leaders ie social planning and water management.

5.2 Sustainability is core business

Climate change is not a stand-alone matter. It complicates pre-existing issues and so it needs integration with the responses that are being made to these issues.

It needs to be embodied in the culture, values, behaviours and actions of the governments, businesses and communities within the City. To facilitate this, much greater awareness is

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required of the issues and challenges. Good data, knowledge and research is needed, but its absence should not be a argument for ambivalence or lack of action.

The mere commencement of action or the achievement of milestones will not, in itself, guarantee that the outcomes are adequate. Global eco-systems are under stress and there is a need to constantly revisit milestones to ensure that they are still the best or appropriate.

5.3 Local Government’s Important Role

Action at the local level is the most effective way to mitigate the consequences of climate change. Local leaders across the World are motivated to carry forward climate protection efforts but they lack the recognition from the other levels of government of their important contribution.

There is a need for official recognition of cities’ capacity to deliver greenhouse gas mitigation and adaptation in response to the impacts of climate change in the post Kyoto Agreement Era. The upcoming C20 provides an opportunity to promote this recognition of local government to an international audience.

List of Meetings and Site Tours

Vancouver

Meetings: • City of Vancouver staff, including presentations on the following:

o Sustainable Planning by Mr. Brent Toderian, Director of Planning o Sustainability by Ms Melina Scholefield, Manager of Sustainability o City Green Transportation by Mr. Jerry Dobrovolny, Assistant City Engineer

• Streetohome, Jae J. Kim, President; and Geoff Plant, Board Member

Site Tours: • Carrall Street Greenway, a major public realm, community building and economic revitalization initiative (http://vancouver.ca/engsvcs/streets/greenways/city/carrall/index.htm) • Olympic Village (http://vancouver.ca/olympicvillage) with Roger Bayley, principal of Merrick Architecture Design Manager for Vancouver’s 2010 Olympic Village development, Millennium Water • Granville Island, an urban planning and public engagement success story

Seattle

Meetings: • City of Seattle Office of Sustainability, including presentations on the following:

o Carbon neutral transportation and car-reduction strategies o Mayor’s Climate Protection Agreement o Seattle’s Climate Action Plan o Green Building Task Force

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• Council President, Richard Conlin, presentation and welcome by City Council. • King County staff to discuss adaptation initiatives

Site Tours: • High Point re-development to discuss urban development, affordable housing and green infrastructure (www.seattlehousing.org/redevelopment/high-point) • Tour of City Hall and information about Seattle Green Buildings • Tour of King County river flood adaptation measures

San Francisco

Meetings: • Wade Crowfoot, Director of Climate, City of San Francisco • Jared Blumenthal, Director San Francisco Department of the Environment • ICLEI-USA staff in the Oakland head office

Site tours: • Municipal renewable energy projects • Electric Vehicle Network

RECOMMENDATION That the information contained in the report on ICLEI World Congress and Study Tour be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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18 Development Application DA09/0369 Proposed Apartments DA09/0369 comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7 - 9) Lemongrove Road, Penrith Applicant: Devcon Partners P/L; Owner: David John Reeves and James Ashley Aitken

Compiled by: Allison Cattell, 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 multi-unit housing comprising eleven (11) two-bedroom units. The proposed development incorporates two (2) townhouses and nine (9) single-storey units, with basement car parking. On site stormwater detention and connection to an existing easement located on the adjoining lot to the rear of the site is proposed. The easement was created by Council to benefit lots fronting Lemongrove Road and Robert Street, Penrith. Under Penrith Local Environmental Plan 1998 (Urban Lands), the proposal is defined as multi unit housing. The subject site is zoned 2(c) – Residential (Low-Medium Density) and the proposal is a permissible land use in the zoning with Council consent.

The key issues raised throughout the assessment include the compatibility of the proposed development within the 2(c) – Residential (Low-Medium Density) zone, stormwater drainage of the site, compatibility with Lemongrove Heritage Conservation Area, achievement of solar access and achievement of reasonable privacy for proposed and existing adjoining units. It has been demonstrated that the likely impacts will be mitigated to be reasonable.

Predominantly medium density housing surrounds the proposed development site with two (2) three-storey residential flat buildings being located on adjoining properties to the north- east and south-west. Insisting the design present a single-storey appearance is unreasonable given this context as to comply with this objective would raise streetscape and compatibility concerns. The proposed development has been designed to reduce the scale of the development along all elevations through the use of boundary and screen fencing, balconies, awnings and reduced window elements.

In accordance with the following development assessment report, the application is recommended for deferred commencement to allow for amended hydraulic plans to be submitted to Council for assessment and approval prior to the issue of an operational consent.

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The matter is being reported to Council in accordance with Council’s procedures as an owner of the land is a Councillor.

Background

A development application (DA01/2152) for the construction of apartments comprising eight (8) residential units was approved on the site on 21 December 2001. This consent was extended for a period of one (1) year and lapsed 21 December 2004, but never commenced.

Development consent for residential flat buildings to the north-east of the site was granted 1 June 1973 under development consent number 96/73. Similarly, development consent was granted for residential flat buildings to the south-west on 16 December 1976 under development consent number 174/76. Both developments are three storeys in height on at least one elevation.

A Development Advisory Panel meeting was held at Council on 12 November 2008 to discuss permissibility, acoustic performance, on site detention of stormwater, landscaping, compliance with Building Code of Australia, relevant development standards and development controls.

Site and surrounds

The subject lots are located on the north-western side of Lemongrove Road, Penrith, approximately 150 metres south of the intersection of Coreen Avenue and Lemongrove Road and approximately 50 metres south of the intersection of Robert Street and Lemongrove Road as demonstrated in Appendix No.1 – Locality Plan.

The site comprises two adjoining lots with a combined area of 1114 square metres. The site is approximately 24.4 metres wide and approximately 45.7 metres in length with a fall from the south-east to the north-west corners of the site of approximately 4 metres.

A brick dwelling house is located on each lot with associated outbuildings. Multi unit housing comprising villa development is located on the adjoining property to the rear of the site and a three-storey residential flat building is located on the adjoining properties to the north-east and south-west.

Proposal

The application proposes the following: Demolition of existing dwellings and associated structures located on Lots 27 and 28 in Section F of Deposit Plan 978488; Construction of eleven (11) units comprising two (2) townhouses and nine (9) single- storey units Construction of basement providing for 11 car spaces for residents and 2 visitor spaces; On site detention of stormwater and connection to existing easement on the adjoining property to the rear of the site; Removal of two (2) trees (Cypress pine and Jacaranda); Implementation of additional landscaping including a mixture of trees, shrubs and groundcovers.

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The following reports and plans were submitted and form part of the development application:

Existing site survey (DA A 00C), basement and ground floor (DA A 01A as amended 16 November 2009), first floor and roof (DA A 02C), elevations and sections (DA A 03C and DA A 04D), shadow projection and solar access calculation (DA A 05B as revised 16 November 2009 and DA A 07) plans prepared by David Collett of Rudder, Littlemore & Rudder Pty Ltd Architects; Engineering plans for drainage and erosion and sediment control drawn by Australian Consulting Engineers, job number 09AH078, drawing number D01 (Revision B), D02 (Revision C and as amended in red), D03 (Revision A) and D04 (Revision A); Landscape plan prepared by Ray Fuggle and Associates (RFA) Landscape Architects (drawing number L-01, project number 2494a, issue number A; Arboricultural Impact Assessment, prepared by Redgum Arboriculture & Horticulture Consultants (reference number 4103); Soil and Sediment Control Management Plan prepared by Rudder, Littlemore & Rudder Pty Ltd Architects; Statement of Environmental Effects prepared by Rudder, Littlemore & Rudder Pty Ltd and associated addendum; Assessment of car parking layout prepared by Traffic Solutions Pty Ltd (reference number 08.09.105); Planning Report and Certification of Design prepared by David Collett of Rudder Littlemore & Rudder Pty Ltd; Waste management plan, BASIX (Building and Sustainability Index) and ABSA (Association of Building Sustainability Assessors) Certificates

The survey, basement and ground floor, roof and first floor, elevation and sections and shadow diagram on ground and in elevation are attached for reference (Appendix 2 to 7 inclusive).

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

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

SEPP (BASIX)

Clause 7 of the SEPP (BASIX) 2004 states “this Policy prevails over any other environmental planning instrument, whenever made, to the extent of any inconsistency”.

As a result of the above, the requirement for roof, top floor ceiling and wall insulation as provided by Penrith Local Environmental Plan (LEP) 1998 (Urban Lands) is not required. The BASIX and ABSA Certificates were supplied and demonstrate water and energy efficiencies above prescribed targets, which is satisfactory.

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State Environmental Planning Policy No.1 (SEPP No.1) – Development Standards The application incorporated an objection pursuant to SEPP 1 to the development standard requiring a maximum external wall height of 3.5 metres in the 2(c) – Residential (Low-Medium Density) zone. The objection pursuant to SEPP No.1 states that compliance with this provision is both unreasonable and unnecessary as: 1. “The buildings either side are three (3) storey apartment buildings and to maintain an acceptable streetscape, it is proposed to construct a two-storey apartment building; 2. The acceptance of the proposed building design will not represent grounds for future variance of the LEP or DCP controls for the area; 3. If the variation is granted, the proposal and development will be consistent in height with the adjoining development and will provide an acceptable building form with contrasting colour and architectural detail.” Although the above was provided, Clause 12(6) of Penrith Local Environmental Plan provides that Council may consent to a building which contravenes the maximum external wall height control if the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building. Therefore, an objection pursuant to SEPP No.1 is not required.

State Environmental Planning Policy (SEPP) No.55 – Remediation of Land The applicant has not identified remediation as being required or forming part of this development application. The site is currently used for residential purposes. A preliminary environmental assessment is not required.

State Environmental Planning Policy (SEPP) No.65 – Design Quality of Residential Flat Development This policy applies to development involving “residential flat buildings” which are defined as: (a) 3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and (b) 4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops), but does not include a Class 1a building or a Class 1b building under the Building Code of Australia.

In applying the above referred definition, it is confirmed the basement is used for car parking and storage purposes only and protrudes less than 1.2 metres above ground level. Therefore, the basement does not qualify as a third storey and this policy does not apply to this development application.

Sydney Regional Environmental Plan (SREP) N0.20 – Hawkesbury/Nepean River The aim of this policy is to “protect the environment of the Hawkesbury Nepean River system by ensuring that the impacts of future land uses are considered in a regional context”.

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Clause 5 requires that consideration be given to the aims of the plan, the strategies listed in the Action Plan of the Hawkesbury Nepean Environmental Planning Strategy, whether there are any feasible alternatives to the development, the relationship between the different impacts of the proposed development and the environment and how those impacts will be addressed and monitored.

A key strategy is to protect the environment of the Hawkesbury-Nepean River system by ensuring the impacts of future land uses are considered in a regional context. The proposal will provide for adequate planting and management of proposed and existing native vegetation, erosion and sediment control measures, and stormwater management including on site detention (OSD). Conditions are recommended to secure these provisions (Standard Conditions L001 to L003, L005, L006, L010, D001 and D002 and Special Conditions 2.1 and 3.2 to 3.5 inclusive).

The application is consistent with the general planning considerations (Clause 5), the specific planning policies and strategies (Clause 6), development controls (Clause 11) and the aim of the policy.

Penrith Local Environmental Plan (PLEP) 1998 (Urban Lands)

Permissibility The subject site is zoned 2(c) – Residential (Low-Medium Density) under PLEP 1998 (Urban Lands). The proposed development is defined as ‘multi-unit housing’, which is permissible with the consent of Council. LEP and Zones Objectives The proposed development is consistent with the aims and objectives of the LEP including: (e) Residential character (i) to promote the community’s desired character by ensuring that future development in all residential localities reflects features or qualities of traditional detached houses that are surrounded by private gardens, and (ii) to enhance the essential character and identity of established residential areas, and (iii) to protect items of environmental value, particularly mature vegetation and significant watercourses, significant buildings and gardens, or scenic landscapes and views, and (iv) to encourage development that will ensure that a variety of housing forms address the street frontage and open spaces and that multiple dwellings within each site address each other, where possible. The proposed development is consistent with the following aims and objectives of the zone as the proposed development: (i) Provides for landscaping that reinforces the importance of the natural landscape setting and the fencing and colour schedule proposed is consistent with the Lemongrove precinct; (ii) Is located between existing residential flat buildings and traditional front gardens with verandah elements are proposed; (iii) Consolidates residential flat building development amongst like forms of multi unit housing;

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(iv) Provides a variety of housing forms for residential purposes including single and two-storey apartments, some with direct access from the street frontage.

The proposed development achieves the intent of the objective pertaining to single-storey appearance. The use of shadow casting features including awnings, verandahs and high protruding balconies that provide a seamless transition from the ground to the first storey has been demonstrated. The use of windows has been minimised and where required for function, have been either partially screened by high balcony design or adequately treated with awnings, screen panels, pergolas and fencing.

The development to the north-east of the site is a three-storey residential flat building and presents a development of two-storey appearance to Lemongrove Road and three-storey appearance to Robert Street. The development to the south-west is a three-storey residential flat building that presents a development of two-storey appearance to Lemongrove Road. Both of these developments possess minimal articulation along the street frontages and display continuous wall height in excess of 6 metres.

There are two properties to the south-west separating the proposed development site and Lemongrove Heritage Conservation Area. This conservation area is zoned 2(a) – Residential (Low density) and the intent of the subject site being zoned 2(c) – Residential (Low-Medium Density) is to provide a gradual transition between Lemongrove Conservation Area and the 2(d) – Residential (Medium density) zone, directly south-east of the site.

Given the site context of the area the intent of the objectives are considered to be satisfied.

Clause 11 - Site Controls for dual occupancy and multi-unit housing development The minimum width and area required for multi unit housing in the 2(c) – Residential (Low- Medium Density) zone is 15.0 metres and 800 m2 respectively. The proposal satisfies this as the site has a frontage of 24.38 metres and 1114 m2 in area respectively. Clause 12 - Building envelopes, heights, landscaped areas and rear boundary setbacks for development that requires consent The following table provides the assessment of the proposed development against the required development standards of this clause:

Development Requirement Compliance comment Standard

Building envelope 1.8 metres and As viewed from the northern and southern 45 degree elevations, there is an encroachment of a portion of angle the balcony and roof line along the eastern elevation. See comment below under Clause 12(6).

Maximum external 3.5 metres The external wall height as taken from natural wall height ground level does not exceed a height of 6.95 metres. See comment below under Clause 12(6).

Minimum 40 percent A total of 40.3 percent of the site is available for landscape area use as landscaped area.

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Development Requirement Compliance comment Standard

Minimum rear 6 metres A distance of 6.0 metres to the rear of the site has setback been provided as landscaped area only.

Based on the above table, compliance with the above referred development standards has been demonstrated. In accordance with Clause 12(6), “Council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of Council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building”. In this case and given the surrounding development, the variation to the building envelope and maximum external wall height is justified as it improves the design, external appearance and utility of the proposed building to be compatible with surrounding residential flat building development. The development standard can be varied for these reasons and is supported for this site. Clause 13 - Provisions for environmental performance in development generally In accordance with this clause the following is noted: 3 hours of direct sun to the windows of the living areas of the housing between 9am and 3pm on 21 June is achieved for all units; All units will not impede the attainment of 3 hours of direct sun to living areas of neighbouring properties between 9am and 3pm on 21 June; The thermal rating of the roof, top floor ceiling and wall insulation is consistent with the BASIX Certificate, which prevails to the extent of any inconsistency as discussed earlier in this report; Protection from the entry of summer sunlight has been achieved in the use of shading devices on external openings to habitable rooms; Conditions are recommended by Council’s Engineers to minimise contaminated stormwater from being discharged from the site by providing for satisfactory drainage of the site (Special Conditions 2.1, 3.2, 3.4 and 3.5); Noise attenuation measures are not required. Acoustic privacy is demonstrated within the design, particularly in the orientation of the balconies and private courtyards. Clause 14 - Provision for design principles in development generally This clause requires that: Council not grant consent to development unless the Council is of the opinion that the proposed development has taken into account the following:

a) Reinforcement and protection of local topography and setting, b) Reflection of the forms, features or qualities of traditional residential neighbourhoods across Penrith Local Government Area, c) Consistency or compatibility with the scale, design and amenity of neighbouring development,

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d) Contribution to attractive streetscapes through the diversity of building forms and landscaped areas that can be seen from any public place nearby, e) Provision for contemporary standards of amenity within each dwelling and the associated private open space f) Preservation and enhancement of any significant vista that currently might be available from a public place nearby. The proposed development protects the local topography, as cut-and-fill has been appropriately limited to those parts of the site where the basement is not located. The scale of the proposed residential flat buildings is consistent with surrounding developments, particularly those on adjoining properties to the north-east and south-west. The proposal, in terms of form, features and qualities reflects traditional residential development as the car parking areas do not dominate the streetscape, living areas suitably address the driveway, street and common areas where possible, verandah and covered courtyards are incorporated into the design of the building, and landscaping is proposed with particular attention being shown to front garden design. The proposal has provided contemporary private open space for each unit with a reasonable level of amenity. There are no significant vistas that will be affected by the proposed development. Based on the above assessment, the proposed development satisfies the requirements of this clause. Clause 28 - Tree preservation This clause requires that no tree be removed or impacted upon without Council approval. Two trees are proposed for removal and Council’s Tree Management Officer raised no objection to their removal subject to satisfactory protection measures for those being retained. Conditions have been previously recommended to secure these outcomes.

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments There is no draft Environmental Planning Instrument applicable to the site or this development application.

Section 79C(1)(a)(iii) – Any Development Control Plan Penrith Development Control Plan 2006 for the City of Penrith

Chapter 2.2 – Crime Prevention through Environmental Design (CPTED)

The application was referred to Council’s Community Safety Officer and the following comments were made: Building Layout • The front townhouses should address the street, and the entry points to the other townhouses should address common driveway areas, to encourage passive surveillance of people entering/exiting the townhouses units (i.e. people living there can see who is coming and going).

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Lighting • Entrances/exits to all units, communal spaces and any walkways shall be well lit to clearly illuminate these areas where people are most vulnerable. All lighting shall be vandal proof. • Lighting shall be contained within the property boundary and no lights shall be projected upwards. No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians. Details to be submitted to council for consideration and approval prior to the issues of construction certificate. Landscaping • In order to improve surveillance, provide clear lines of sight and avoid concealment areas in the public areas, along proposed and existing footpaths and along the frontages of the site. • Vegetation with top to bottom foliage shall be avoided, low ground cover or high canopied vegetation shall be planted. Building identification • All buildings shall be clearly identified with unit/house numbers clearly visible to assist visitors and emergency services. Walkways/Common areas • All walkways within the development should be open and clear of potential entrapment spots. • All walkways should be clearly able to be viewed from building windows unhindered by vegetation or other obstructions. • Access to common areas should be limited to occupants and their authorised guests to ensure that the facilities do not provide excuse-making opportunities for unauthorised people entering the development. Security • Entry to townhouses shall be restricted to residents and authorised guests only. • All rear access doors and windows will need to be treated with dead locks and window locks to avoid vulnerable break and enter points. • Ensure all doors to balcony/terrace areas (particularly ground floor) are well secured and do not reveal vulnerable break and enter points. Fencing/screening • Any fencing proposed on the frontage of the property should be of a material that is either of a low height of a material that is easy to see through. (eg, dark coloured contemporary metal fencing).

In this case, it is preferable to have the basement entrance along the street frontage. It is also preferable to maximise ground floor units that have access to the street frontage. Due to the fall of the property, there are two entrance points to the buildings. Entry points into the building are not accessed from the rear of the site. Living rooms overlooking common areas have been maximised to provide passive surveillance within the development. This is satisfactory.

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Council’s Community Safety Officer raises no objection to the proposed development subject to recommended conditions of consent to reflect the above advice (Standard Condition A038 and A039 and Special Conditions 3.6 to 3.10 inclusive).

Chapter 2.5 – Heritage Management

The proposed site is not identified as having heritage significance. Given the close proximity of the site to the Lemongrove Heritage Conservation Area, the application was referred to Council’s Heritage Advisor for comment. No objection was raised to the proposed development and requesting review of fencing detail. This is discussed in Appendix 8.

Chapter 2.6 – Landscape

The landscape plan submitted with the development application demonstrates satisfactory provision for landscaping on the site including native species. As the architectural plans have been amended, it is recommended that an amended landscape plan be provided that is consistent with other recommended conditions of consent and that demonstrates the drip-line of proposed vegetation to be located wholly within the property boundary. It is recommended this be provided prior to the issue of a Construction Certificate (Special Condition 3.11).

Standard conditions are recommended to provide for implementation, maintenance and protection of existing and proposed vegetation (Standard Conditions L001 to L003, L005, L006 and L010).

Chapter 2.9 – Waste Planning

A Waste Management Plan (WMP) for the demolition, construction and the on-going use stages of the site providing for recycling opportunities was submitted and assessed as satisfactory subject to recommended conditions of consent that adopt the WMP and provide for management of waste during construction (Standard Conditions D009 and D010).

As there are greater than seven (7) dwellings, a communal waste storage area is required. The application was referred to Council’s Waste Services Department for comment with no objection being raised to the proposal, subject to each side of the allotment having a bin storage area with internal dimension of 3.6 metres by 0.8 metres. A condition is recommended to provide for the satisfactory, practical and accessible servicing of the site (Special Condition 3.12). This area will not reduce the ‘landscaped area’ provided for the site.

Chapter 2.11 – Car Parking

Council’s Car Parking Code requires car parking to be provided at a rate of 1 space for every dwelling with 2 bedrooms. This equates to a total demand of 11 car spaces. In addition, 1 visitor space has been provided for every 5 units. A total of 13 car spaces have been provided which is satisfactory.

Conditions are recommended to provide for the satisfactory type, dimensions, use and amount of car spaces and satisfactory treatment of driveways (Standard Condition K025, K027 and Special Conditions 3.13 to 3.17 inclusive).

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Chapter 4.6 – Apartment development

The table attached in Appendix No.8 provides an assessment against the clauses within this Chapter of PDCP 2006. On balance and based on the requirements of PCP 2006, the proposed development satisfies the requirements subject to recommended conditions of consent (Special Conditions 3.18 to 3.28 inclusive).

Section 79C(1)(a)(iv) – The Regulations The section is not relevant for this development application.

Section 79C(1)(b) – The Likely Impacts of the Development The following provides comments in relation to issues identified during the assessment process:

Tree Management

The application was referred to Council’s Tree Management Officer for review of the landscape plan and Arboricultural Impact Assessment with reference to the hydraulic and architectural plans. The following comments were made:

The stormwater plan demonstrates a proposed pipe within one metre of the Eucalyptus tree at the rear. This is within the recommended tree protection zone and no excavation is to occur in this area; The removal of roots within 4 metres of the base of the tree trunk must be prohibited; It would be desirable to install the stormwater line directly behind the basement retaining wall rather than closer to the tree.

This was communicated to Council’s Development Engineers where amendments have been made in red on the stormwater plan for amendment prior to the issue of an operational consent to relocate the stormwater line at least 4 metres from the rear boundary and to provide one entry point to the rear easement via the northern corner of the site (Appendix No.9 and Special Condition 2.1 – Deferred Commencement). It is recommended that excavation not occur in this area (Special Condition 3.29).

A colour copy of Appendix No.9 will be provided to all Councillors under separate cover.

Some inconsistencies were found within the Arboricultural Impact Assessment report and the landscape plan. The plant schedule on the landscape plan indicates 3 spotted gums and 1 manchurian pear however the landscape plans demonstrates the reverse. It is recommended the inconsistencies be amended in red and referred in the plans and documents within the consent (Standard Condition A001 (as amended in red) and L010).

Stormwater and drainage

The original hydraulic plans first submitted with the development application were referred to Council’s Development Engineers where no objection was raised to the proposal subject to recommended conditions of consent. Recent amendments to the architectural plans where Unit 5 has been reconfigured and a balcony proposed for the eastern elevation have resulted in a minor encroachment of the building into the area of the site proposed where on-site detention of stormwater was originally proposed. Council’s Development Engineer has

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recommended a ‘deferred commencement’ condition of consent to provide for assessment and approval of amended plans by Council that resolve these inconsistencies. This is a recommended condition of consent (Special Condition 2.1 – Deferred Commencement).

Compatibility

The colour schedule submitted with the development application demonstrates earthy tones consistent with the surrounding environment and locality. Colour copies of this will be provided to Councillors under separate cover.

The current stark difference in height of buildings does not present a consistent built form in the vicinity of the site. It is likely the proposed development will improve this situation by providing a more consistent streetscape in the vicinity of the subject site.

Privacy

The proposed development has demonstrated satisfactory achievement of privacy for proposed and existing units. Refer to Section 79C(1)(a)(iii) – PDCP 2006 (Chapter 4.6 – Privacy).

Solar access

Compliance with solar access development standards has been demonstrated. Refer to Section 79C(1)(a)(i) – PLEP 1998 (Urban Lands).

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

The proposed development complies with the relevant development standards. The proposal has satisfactorily demonstrated that the site can cater for the ongoing use of the site as apartments (as proposed).

The combined size of the lots provides sufficient area to construct the proposed apartment development. It has been demonstrated that eleven units can be constructed on the site and that satisfactory provision of amenity, landscaped areas, services and car parking can be achieved for the site. Satisfactory drainage is achievable for the site and a deferred commencement condition of consent is recommended to provide for amended hydraulic plans.

The proposed development is both consistent with newer apartment development (particularly those located on the corner of Coreen Avenue, Robert Street and Lemongrove Road) and the scale and height of adjoining three-storey residential flat buildings of 1970’s construction.

Adequate vegetative buffers and separation distances to adjoining multi unit developments has been demonstrated. Cross-viewing opportunity has been minimised in the orientation and height of walls of balcony and terrace elements as well as the use of screening devices on windows where assessed as necessary.

The proposed use of the site for apartment development has been demonstrated to be suitable.

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Section 79C(1)(d) – Any Submissions made in relation to the Development Referrals Referrals were made to the following and their comments include:

Referral Comment Health and Building No objection, subject to recommended conditions of consent Surveying

Development Engineers No objection, subject to recommended conditions of consent including a deferred commencement condition requiring amended hydraulic plans

Community Safety Officer No objection, subject to recommended conditions of consent

Heritage Advisor No objection and request for review of fencing detail

Tree Management Officer No objection, subject to address of inconsistencies in plans

Legal Officer No objection, subject to assessment of relevant State Environmental Planning Policies

Waste Services No objection, subject to recommended conditions of consent

The above comments have been integrated throughout this assessment report.

Community Consultation In accordance with Chapter 2.7 (Notification and Advertising) of the Penrith Development Control Plan 2006, the proposed development was advertised in the Penrith Press and notified to surrounding land owners advising of the public exhibition of the development application between 6 April 2009 and 20 April 2009. A site notice was erected at the commencement of the exhibition.

The applicant submitted final amended plans 2 November 2009 and Council notified 42 owners and occupiers in the area in advance and advising of the public exhibition of the application between 6 November 2009 and 20 November 2009.

The following issues were raised in the two submissions received in total and have formed part of the assessment:

Issue raised Request Assessment of issue

Rear setback A rear setback of six Provided in amended plans. Refer to Section metres is necessary to 79C(1)(a)(i) – PLEP 1998 (Urban Lands). preserve the existing amenity and privacy levels

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Issue raised Request Assessment of issue

Stormwater Consultation was sought Although the easement is located on that prior to the lodgement of property, the easement was acquired some time the subject development ago by Council and benefits the subject application from the property. Body Corporate of 34 Roberts Street regarding access into the existing easement. What has occurred to resolve this issue?

Privacy Concern is raised over Refer to Section 79C(1)(a)(iii) – PDCP 2006 the height of the first (Chapter 4.6 – Privacy). floor balconies. Question It is noted that satisfactory separation and was also raised over landscaping between proposed and existing whether the rear yards on units is achieved. the ground floor are to be elevated.

Shadow Concern was raised over The plans have been assessed and are diagrams the accuracy of the considered accurate. shadow diagrams

Damage The developer is to be Standard Condition H002 will reduce measures during advised that to be undertaken prior to the commencement of construction compensation may be work that address adjoining properties. pursued by owners of A dilapidation report is to be provided to assist adjoining residents both the developer and owners of adjoining should any damage be properties with documentation of existing evidenced conditions prior and subsequent to development (Special Condition 3.26).

Proposed Concern was raised A mixture of colours and materials has been external regarding the materials proposed to add visual interest to the proposed building used on surrounding development along all elevations. materials apartment development. The materials proposed for use in the Objection is raised to the construction of the proposed development are use of materials that shown within the colour schedule submitted. A require frequent mixture of brickwork, masonry, timber, steel maintenance such as and cladding is proposed. This is satisfactory. timber veneer and cladding.

Rear Question was raised over A 1.8 metre fence is proposed along the eastern, boundary the type of fencing western and northern boundary. The type of fencing proposed along the rear fencing is to be negotiated with adjoining boundary owners.

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

The demolition of the existing residences on the subject lots is of benefit in the creation of eleven new dwellings to supply additional housing opportunities. Intensified occupation of the site will provide for increased casual surveillance of the area, particularly the reserve diagonally across from the proposed development site.

The streetscape will be improved in the provision of consistent housing forms in this location. The construction of the proposed development will allow for four residential flat buildings in a row, south of the corner of Robert Street and Lemongrove Road.

Section 94 Development Contributions

The District and Local Open Space Facilities, Footpath Construction in the Established Residential Areas of the City and Cultural Facilities Development Contribution Plans apply to the subject site. The following calculations apply to the proposed development: CALCULATION FOR APARTMENT DEVELOPMENT

S.94 Contribution Plan Contribution Rate x Calculation rate ($) Total ($)

Footpath Construction 20.4 x 75 1,530.00 Local Open Space 15.8 x 580 9,164.00 District Open Space 15.8 x 1606 25,375.00 Cultural Facilities 20.4 x 106 2,162.00 NET TOTAL 38,231.00

Conditions are recommended to provide for contributions to be paid prior to the issue of a Construction Certificate (Standard Conditions N001 to N004).

Conclusion The proposal is consistent with the underlying planning considerations and intent of SEPP 1, SEPP 4, SEPP No.55 (Remediation of land), SEPP No.65, SREP No.20 – Hawkesbury Nepean River, Penrith Local Environmental Plan 1998 (Urban Lands) and DCP 2006.

The proposed development is designed to be consistent with the adjoining residential flat building. Although the proposed development is larger in scale than that which is typically provided in a 2(c) – Residential (Low-Medium Density) zone, the result of having strictly complied with the requirements of that zone would not have been desirable in this instance. Villa-style development located in between three-storey developments would not be consistent with the majority of objectives of the local planning instrument and the zone.

There is sufficient land and services provided to demonstrate the proposed development is suitably located on the subject lots. There are no reasons to suggest the public interest will be compromised as a result of this development application being approved.

Therefore, subject to the above assessment report and the following recommended conditions of consent, the application is worthy of support.

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RECOMMENDATION That: 1. The information contained in the report on Development Application No. 09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7-9) Lemongrove Road Penrith be received. 2. Development Application No.09/0369 be subject to the following deferred commencement condition: 2.1 Deferred commencement condition A full set of revised stormwater drainage plans that correspond with the current set of architectural plans is to be submitted to Council for consideration and approval within six (6) months from the date of this decision prior to the issue of an operational consent

In addition, the revised stormwater drainage plans are to reflect the changes shown on the plan prepared by Australian Consulting Engineers, job number 09AH078, drawing number D02 (Revision C) as amended in red

3. Development Application No.09/0369 be subject to the following conditions of consent subject to demonstrated compliance to Council’s satisfaction with the deferred commencement condition: 3.1 Standard conditions A001 – Plans A008 – Works to BCA requirements A009 – Residential works DCP A011 – Engineering works DCP Construction A014 – Lot consolidation A019 – Occupation Certificate A038 – Lighting locations A039 – Removal of graffiti A046 – Construction Certificate B001 – Demolition of existing buildings on Lots 27 and 28 Sec F DP 978488 B002 – AS for demolition and disposal to approved landfill site B003 – Asbestos B004 – Dust B005 – Mud/soil B006 – Hours of work D001 – Erosion and sediment D002 – Spray grass

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D009 – Waste Management Plan D010 – Appropriate disposal of waste E01A – BCA compliance for Class 2-9 E002 – BCA issues to be addressed Details for the carpark ventilation are required in accordance with Clause F4.11; Details of the separating walls to indicate compliance with Part F5 and Specification C1.1 are required; Details of the construction of the store rooms under the basement stairs are required in accordance with Clause D2.8; and Details of the method of protecting the openings in the external walls less than 3 metres from the side boundaries are required in accordance with Clause C3.4 E009 – Annual fire safety/essential fire safety F006 – Rainwater tank & nuisance G003 – Section 73 Certificate G004 – Integral Energy H001 – Stamped plans and erection of site notice H002 – All forms of construction H003 – Traffic safety during construction H011 – Engineering plans and specifications H015 – Termites H022 – Survey (slab level) H024 – Glass installations AS 1288 H036 – Rainwater tank (as amended) H037 – Safe supply of water (as amended) H038 – Connection of rainwater tank H039 – Rainwater tank pumps H041 – Hours of work I003 – Roads Act Approval 1 (b) Provision of a heavy-duty gutter crossing 7.4m wide (e) Provision of a heavy-duty vehicular footway crossing 6.0m wide (f) Repair of damaged concrete footpath 1.2m wide in Lemongrove Road for full property frontage (g) Reinstatement of redundant gutter and vehicular crossings (h) Opening of the road reserve for the provision of services including stormwater (i) Placing of hoardings, containers, waste skips, etc. in the road

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reserve (k) Replacement of damaged kerb and gutter for the full property frontage K002 – WAE K025 – All land required for vehicular access and parking is to be concreted or sealed with a bituminous pavement K027 – Car parking (13 spaces) L001 – General landscaping L002 – Landscape construction L003 – Report requirement (Implementation and one-year only) L005 – Planting of plant materials L006 – AS requirements L010 – Retain existing trees N001 – Section 94 Contributions for Footpath Construction N002 – Section 94 Contributions for Cultural Facilities N003 – Section 94 Contributions for Local Open Space N004 – Section 94 Contributions for District Open Space P001 – Applicants cost P002 – Prior to the issue of a Construction Certificate, all fees associated with Penrith City Council-owned land and infrastructure shall be paid to Council. These fees include Road Opening fees and Infrastructure Restoration fees Q01F –Notice of commencement and appointment of PCA Q006 – Occupation Certificate (delete after NSW Fire Brigades)

Special conditions

3.2 An on-site detention system shall be provided to restrict stormwater discharges from the site to pre-development flows. The system is to provide for all storms up to and including the 1% AEP event. In addition, a positive covenant shall be registered on the site for the on-site detention system before an Occupation Certificate is issued for the development Engineering details and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and is to accompany the Construction Certificate application for the development in the form of an Engineering Construction Certificate

{Note: If Penrith City Council is the Certifying Authority for the Construction Certificate for the entire development on the

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site, the Construction Certificate application fee shall include the fee for the On-Site Detention System.}

On-site detention system levels are critical and should be carefully checked prior to construction to ensure they are built in accordance with approved plans and will have the required volume of storage

Submission of WAE plans On completion of the on-site detention system, Works-As- Executed (WAE) plans, prepared by a registered surveyor or the design engineer, are to be submitted to the Principal Certifying Authority. If Penrith City Council is not the Principal Certifying Authority, a copy of the WAE plans is to be submitted to Council prior to occupation. The WAE plans are to be certified by the designer of the system and are to clearly make reference to: • the works having been constructed in accordance with the approved plans, and • the actual storage volume and orifice size provided, and • any variation to the approved design and required remedial works, and • the anticipated performance of the system with regard to the design intent

Registration of Positive Covenant Before an Occupation Certificate is issued for the development, a positive covenant shall be registered on the property for the on-site detention system in the following terms:

For the purposes of the positive covenant:

• “structure and works” shall mean the on-site detention system constructed on the land as set out and detailed on the plans being drawing No [insert reference] revision [insert reference] prepared by [insert reference] and dated [insert reference of the last date on the plans] approved by [insert certifiers name] under Development Consent No [insert reference] approved by Penrith City Council on [insert reference], including all gutters, pipes, drains, walls, kerbs pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater on the land

• ‘the Act” means the Conveyancing Act 1919

The registered proprietors covenant with the Council of the City of Penrith (Council) that they will maintain and repair the structure and works on the land in accordance with the following terms and conditions:

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(a) The registered proprietor will: • Keep the structure and works clean and free from silt, rubbish, debris and other pollutants • Maintain and repair at the sole expense of the registered proprietors the whole of the works, including all structures, so that the on-site detention system functions in a safe and effective manner in accordance with the design intent

(b) For the purpose of ensuring observance of the covenant, Council may by its servants or agents at any reasonable time and upon giving the person against whom the covenant is enforced not less than 2 days notice (but at any time without notice in the case of an emergency), enter the land and view the state of construction, maintenance or repair of the structure and works on the land

(c) By written notice Council may require the registered proprietors to attend any matter and carry out such work within such time as the Council may require to ensure the proper and efficient performance of the structure and works and to that extent 88F(2)(a) of the Act is hereby agreed

(d) Pursuant to Section 88F(3) of the Act, Council shall have the following additional powers pursuant to this covenant: i. In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above, the Council or its authorised agents may enter the land with all necessary equipment and carry out any work which Council in its discretion considers reasonable to comply with the said notice referred to in (c) hereof ii. Council may recover from the registered proprietor in a court of competent jurisdiction: • Any expense reasonable incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for Council’s own employees engaged in effecting the said work, supervising the said work and administering the said work together with costs, reasonably estimated by the Council, for the use of machinery, tools and equipment in conjunction with the said work • Legal costs on an indemnity basis for the issue of the notices and recovery of the costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to Section 88F of the Act or providing any certificate required pursuant to Section 88G of the Act or obtaining any injunction pursuant to Section 88H of the Act

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(e) This covenant shall bind all persons who claim under the registered proprietors as stipulated in Section 88E(5) of the Act

3.3 All verge areas are to be turfed for the full width from back of kerb to property boundary at the completion of the works 3.4 An Engineering Construction Certificate for the provision of engineering works (on-site-detention system) is to be approved by the certifying authority. Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design 3.5 Basement entry ramp levels are to be raised sufficiently above existing top of kerb levels so to prevent inundation of the basement carpark in extreme rainfall events. Details are to be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate 3.6 Entrances/exits to all units, communal spaces and any walkways shall be well lit to clearly illuminate these areas where people are most vulnerable. All lighting shall be vandal proof Lighting shall be contained within the property boundary and no lights shall be projected upwards. No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians Details demonstrating compliance with the above are to be submitted to council for consideration and approval prior to the issue of a Construction Certificate

3.7 In order to improve surveillance, provide clear lines of sight and avoid concealment areas in the public areas, vegetation with top to bottom foliage shall be avoided along proposed and existing footpaths and along the frontages of the site. Low ground cover or high canopied vegetation is to be planted in these locations 3.8 All buildings shall be clearly identified with unit/house numbers clearly visible to assist visitors and emergency services 3.9 For crime prevention purposes: • All walkways within the development are to be open and clear of potential entrapment spots and are to be clearly able to be viewed from building windows unhindered by vegetation or other obstructions • Access to common areas is to be limited to occupants and their authorised guests to ensure that the facilities do not provide excuse-making opportunities for unauthorised people entering the development • Entry to units is to be restricted to residents and authorised

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guests only • All rear access doors and windows are to be treated with dead locks and window locks to avoid vulnerable break and enter points • All doors to balcony/terrace areas (particularly ground floor) are to be secured and are not to reveal vulnerable break-and- enter points • The fencing proposed on the frontage of the property is to be maintained in perpetuity to be of see-through construction

3.10 Storage spaces located in the basement are to allow for filtered views to allow for passive surveillance 3.11 An amended landscape plan is to be provided to Council for assessment and approval prior to the issue of a Construction Certificate that: a) Accords with the architectural plans as amended; b) Accords with the conditions of this consent pertaining to landscaping; c) Demonstrates the drip line of proposed vegetation to be wholly within the property boundary of the subject proposal

3.12 To provide for a satisfactory, practical and accessible servicing of the site for the storage and collection of waste, the following is to be demonstrated in amended plans prior to the issue of a Construction Certificate: • There are to be two bin storage areas in the location shown on the plans, each having an internal dimension of 3.6 metres in length and a depth of 0.8 metres. Individual bin storage areas are not supported for any of the proposed units; and • Details confirming the use of each bin storage area by an equal number of units such that each unit accesses the closest bin storage area

3.13 All carparking and manoeuvring areas associated with the subject development including driveways, access ramp grades & widths, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths, parking bay grades and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements. Full details demonstrating compliance must be submitted with the Construction Certificate 3.14 Car washing is not to occur on site including the basement 3.15 The car spaces provided within the basement are to be used by residents and visitors of the residents associated with the

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proposed development only as nominated. The use of car spaces for other purposes including leasing or sale for uses other than as residential car spaces for the respective units of the proposed development is not permitted 3.16 The car space identified as being used for “Unit 1/Disabled parking/Visitor” is not to be dedicated as a space for Unit 1. Unit 1 is to be located in one of the spaces marked as “Visitor”. This will allow for the use of the disabled car space at need, rather than by a particular unit 3.17 A bike rack is to be provided at a mutually convenient location for use by all residents and visitors to the site. Details of the location of this is to be provided with the Construction Certificate 3.18 To provide for increased accessibility, an amended ground floor plan is to be provided for consideration and approval prior to the issue of a Construction Certificate that demonstrated a reduced width of the balcony provided for Unit 6 such that a distance of 1.2 metres between the eastern elevation and the building is provided 3.19 A plan demonstrating all fencing proposed for the site is to be provided to Council for consideration and approval by Council’s Heritage Advisor prior to the issue of a Construction Certificate. This is to include heights and materials used that are consistent with Penrith Development Control Plan 2006 3.20 To provide for improved ground floor accessibility, ramped access within the communal corridor accessed from the entrance along the eastern elevation adjoining Unit 5 is to be provided at a grade and standard to accord with relevant accessibility requirements 3.21 To provide for a satisfactory, practical and accessible servicing of the site, the following is to be demonstrated in amended plans prior to the issue of a Construction Certificate: a) The communal letterbox is to be located in front of the front boundary fencing as amended in red on the plans; b) The gate to access the common area for tenants located on the front boundary is to open away from the bin storage area, contrary to that which is proposed; c) The right-of-way along the south western boundary of the property leading toward Unit 4 is to be removed; d) A small garden shed for units 3, 9, 4 and 5 is to be provided for storage of service equipment used for the maintenance of their respective courtyards areas; and e) The common rainwater tank is to be shown on the plans as referred in the BASIX Certificate

3.22 One antennae is to be provided for every five units. These antennae are to accord with Penrith Development Control Plan

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2006 3.23 Clothing and/or other materials are not to be hung in courtyard areas including those located on the first floor such that they are able to be seen by others 3.24 The location and design of the sewer line on the site is to be approved by Sydney Water prior to the issue of a Construction Certificate and any works undertaken to their requirements 3.25 A dilapidation report of all Council owned infrastructure fronting the development in Lemongrove Road is to be submitted to Council prior to the commencement of construction. 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 3.26 Prior to work commencing, the structural engineer shall carry out a dilapidation survey of the adjoining dwellings and submit a copy of the survey both to Council and the property owner On completion of the excavation, the structural engineer shall carry out a further dilapidation survey at the same adjoining properties and submit a copy of the survey both to Council and the property owner. 3.27 Prior to the issue of a Construction Certificate, an inspection fee is to be paid to Penrith City Council for all drainage works that are to be undertaken within the existing drainage easement at the rear of the development. All works are to be inspected and approved by Penrith City Council’s Development Engineering Unit prior to the connection of the site drainage system 3.28 Water storage areas must be in a common area. Where fencing is required it shall be child-proof pool style fencing including a self closing gate 3.29 To ensure vegetation located on adjoining properties is protected during construction, excavation is not permitted to occur in the tree protection zone. The removal of roots within 4 metres of the base of the tree trunk is not permitted.

ATTACHMENTS/APPENDICES 1. Locality Map 1 Page Appendix 2. Site Survey 1 Page Appendix 3. Basement and ground floor plan 1 Page Appendix 4. Roof and first floor layout 1 Page Appendix 5. Elevation and sections including street frontage 1 Page Appendix 6. Elevation and section including eastern and western elevations 1 Page Appendix 7. Shadow diagram in elevation 1 Page Appendix 8. Compliance Table for Penrith DCP 2006 4 Pages Appendix 9. Drainage (as amended) 1 Page Appendix

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Ordinary Meeting 30 November 2009 Appendix 2 - Site Survey

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Ordinary Meeting 30 November 2009 Appendix 3 - Basement and ground floor plan

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Ordinary Meeting 30 November 2009 Appendix 4 - Roof and first floor layout

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Ordinary Meeting 30 November 2009 Appendix 5 - Elevation and sections including street frontage

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Ordinary Meeting 30 November 2009 Appendix 6 - Elevation and section including eastern and western elevations

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Ordinary Meeting 30 November 2009 Appendix 7 - Shadow diagram in elevation

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Ordinary Meeting 30 November 2009 Appendix 8 - Compliance Table for Penrith DCP 2006

Clause Control Compliance with development control 5.1 The As the site is narrow and deep, a narrow long building has development been designed for the site. site

5.2 Urban Form The dwellings fronting the street have orientated the living rooms to overlook the street. The building is stepped and suitably articulated with awning, balcony and façade treatments.

5.3 Front and rear The adjoining properties have a front setback of between 5.3 setback and 5.8 metres. The front setback of some houses located further south on Lemongrove Road is less than 5.0 metres. A front setback of approximately 7.3 metres is demonstrated on the ground floor and approximately 6 metres to the first floor. This is satisfactory. A rear setback of 6.0 metres has been provided which is satisfactory.

5.4 Driveways and As previously discussed in this report, satisfactory car parking parking provision has been demonstrated within the proposed basement area. Conditions were previously recommended to ensure the driveways and parking areas achieve satisfactory manoeuvrability, spacing and grades. There are two additional spaces available on street for visitors to the site.

5.5 Landscaped A total of 40.3 percent of landscaped area has been provided. areas As more than ten units are provided, a centrally located communal open space area is provided. This area is 45 square metres in total and 44.5 square metres is required. This is satisfactory. The design of the garden areas is consistent with Clause 6.7 (garden design) as the rear setback area demonstrated use for the purposes of private courtyards only. Screen plantings along side boundaries are also proposed. The proposed development will accord with Chapter 7.2 (landscape construction) as previously recommended in conditions of consent.

5.6 Building Given the proposed basement, cut is required to facilitate this envelope and underground level and to ensure the basement does not side setbacks unnecessarily protrude above ground level. Cut-and-fill has been minimised in all other areas of the site. This is satisfactory. The finished floor levels of the units are stepped to follow the

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Clause Control Compliance with development control fall of the site. This minimises the distance between the natural ground level and the first floor. This is satisfactory as shown on the elevation plans. To minimise the scale of the proposed development, the roof pitch proposed is less than 15 degrees. Pergolas and eaves encroach upon the building envelope. This is satisfactory as discussed earlier in this report. Given the front setback proposed, the fall of the site and the form of the adjoining residential flat building developments, the scale of the proposed development is satisfactory and consistent with surrounding development.

5.7 Visual and There is effective separation between units within the acoustic development and from adjoining developments. There is an privacy and approximate distance of 2 metres and 2.5 metres separating outlook the building from the eastern and western boundaries respectively. The existing development to the north-east is setback from the southern boundary by approximately 6 metres for car parking purposes. As such, separation has been maximised. Physical separation distances, landscaping, offsetting of windows and external screens between adjoining dwellings has been maximised. Suitable measures have been proposed in the design to mitigate noise sources including: separating the active and passive rooms within the units; separating car parking facilities from habitable rooms; providing landscaping along property boundaries and between private courtyards; and minimising the occurrence of bedrooms adjoining living rooms of adjoining dwellings.

5.8 Solar Planning Shadow diagrams were provided indicating achievement of solar access for all adjoining developments between the hours of noon and 3pm. Forty percent of direct sunlight to private open space areas of the majority of the proposed units is achieved. Unit 3 and 9 are the only units that do not receive sunlight to the private open space areas until after 3pm. Given the majority of units comply with this provision and there are communal sitting areas on site, this is satisfactory. The shadow cast on the property to the south between 9am and 12 noon falls predominantly upon the concrete driveway for

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Clause Control Compliance with development control that development. The extent of solar access available to living areas of adjoining development is not adversely impacted upon.

6.1 Significant Given the close proximity to the Lemongrove Conservation townscapes and Area, the proposed development has provided vegetation, landscapes front setbacks, roof pitch, heights and forms, concealed driveways that are consistent with the neighbouring and surrounding streetscape.

6.3 Building design A mixture of balcony, awning, eave and windows treatments are proposed on all elevations. There are no blank external walls.

6.4 Energy BASIX Certificates comply with the energy and water saving efficiency targets. Where orientation permits, units have windows facing solar north to maximise solar access to living rooms. Effective shading from summer heat has been demonstrated on all elevations. A rainwater tank is proposed for irrigation of common landscaped areas. Conditions are recommended to provide for satisfactory implementation, management and use (Standard Conditions F006 and H036 to H039 as amended).

6.5 Design of Ground floor units achieve 20 square metres of private open dwellings and space in the form of courtyards at ground level and terraces. private Those fronting the street have direct access to the street. The courtyards balconies on the first floor are a minimum of 10 square metres with an area suitable for outdoor dining. It is recommended that the courtyard of Unit 6 be reduced in width to allow for wider passage between the northern boundary and the terrace at ground level. Although this will reduce the private open space area, the alternative will bring greater community benefit. A condition is recommended to provide an area of 1.2 metres to provide for this outcome (Special Condition 3.18).

6.6 Garages The basement level proposes secure parking accommodation for all vehicles based on the typical demand for this development. Storage areas and visitor spaces are provided. Accessible travel between the basement and ground floor and to common areas is achieved.

6.8 Paving design The paved areas leading toward both common entrance points into the building have been designed as attractive and functional areas by providing letterbox, screened recessed garbage storage areas and vegetated gardens in corner

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Clause Control Compliance with development control locations.

6.9 Fences and The front boundary fencing is ideal in allowing for passive retaining walls surveillance and providing a physical interface between private and public land. The site currently is fenced with timber paling along the side and rear boundaries. Front boundary wire mesh fencing will be replaced in accordance with the elevation plans and colour schedule. The applicant has advised that new boundary fencing will be provided to a height of 1.8 metres on the eastern, western and northern elevations. There are existing retaining walls along the side boundaries as shown on the survey plan. Additional retaining walls and fencing to separate courtyard areas and to provide for on site stormwater detention is proposed. It is recommended that a comprehensive fence plan including retaining wall detail be provided for the site prior to the issue of a Construction Certificate that demonstrates compliance with this provision (Special Condition 3.19). This will also provide for consideration and approval by Council’s Heritage Advisor.

6.10 Safety and A continuously occupied room of each unit fronts either the security front, side or rear boundary of the property. This provides for passive surveillance of all common areas. As recommended by Council’s Community Safety Officer, lighting, building identification, vegetation, security and fencing is to be provided to provide mitigate crime opportunity.

6.11 Accessibility Access to communal areas and ground floor units is proposed and as accessible. It is recommended that the incline shown in the Adaptability communal corridor east of the kitchen of Unit 5 be ramped, rather than stepped. A condition is recommended to provide for this outcome (Special Condition 3.20). A wheelchair access lift is proposed from the basement level to the ground floor level. Units 1, 2, 4 and 5 have bedrooms at the ground floor and are capable of being adapted to provide single level housing.

6.12 Storage and Clothing and linen closets are proposed within most units. services There is a storage area for each unit that is approximately 10 cubic metres. The mail box is located within the site and behind boundary fencing. The garbage storage area on the western boundary will require extension toward the front boundary. Consequently, the entry gate to the communal area will need

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Ordinary Meeting 30 November 2009 Appendix 8 - Compliance Table for Penrith DCP 2006

Clause Control Compliance with development control to open away from the garbage storage area to provide for access to the bin area so as not to impede access past Unit 1 to the western entry to the building. A condition is recommended to reposition the mail box, extend the garbage storage area on the western elevation and to swing the front gate in the opposite direction to that proposed (Special condition 3.21). One antenna for every five units is to be provided. A condition is recommended to provide for this outcome to avoid individual occupants affixing them contrary to the design (Special Condition 3.22).

7.1 Civic There is an existing street tree along the frontage of the site. improvements This is satisfactory as there is no other location that would support a second tree given the necessary driveway width.

7.3 Building The application was referred to Council’s Engineers for services comment and conditions of consent were recommended to provide for on site detention of stormwater and connection to the easement of the adjoining property to the rear of the site. This easement has been provided by Council and owners consent from adjoining landowners in not required. Laundries demonstrate space for separate washing and drying machines. A condition of consent is recommended to mitigate the visual impact of clothes drying, particularly over balconies and terraces (Special Condition 3.23) Water, energy and telecommunications services are to be provided and conditions are recommended to provide for this outcome (Standard Conditions G003 and G004). A separate condition is recommended to provide for approval of the location and design of the sewer prior to the issue of a Construction Certificate for the building (Special Condition 3.24).

7.4 Construction To provide for satisfactory preparation of the site for building management works, conditions are recommended to provide for consolidation of the lots, a dilapidation report for Council and private land, an engineering construction certificate, inspection and approval of works within the existing drainage easement, location of the stormwater detention system and associated pool fencing, approval for works on a public road, works-as-executed plans for drainage works and compliance with Council’s DCP’s, relevant Australian Standards and the Building Code of Australia (Special Conditions 3.2, 3.25 to 3.28 inclusive and Standard Conditions A008, A009, A011, A014, E01A, E002, E009, I003 and K002).

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Clause Control Compliance with development control To minimise impacts arising from the construction phase of the proposed development, conditions are recommended to provide for satisfactory preparation prior to the commencement of building construction works, erection of site notices, demolition, hours of operation, engineering plans, survey plans at slab level, termite prevention, glass installation and certification (Standard Conditions A019, A046, B001 to B006, H001, H002, H041, H011, H015, H022, H024, Q01F and Q006). Given the location of the subject development site, a condition is recommended to provide for traffic management during construction to be demonstrated prior to the issue of a construction certificate (Standard Condition H003). Conditions are recommended to provide for costs payable as a result of undertaking the development (Standard Conditions P001 and P002).

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Ordinary Meeting 30 November 2009 Appendix 9 - Drainage (as amended)

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19 Development Application DA09/0024 Proposed Demolition of DA09/0024 Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate

Compiled by: Allison Cattell, 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 demolition of an existing dwelling and the construction of a detached dual occupancy.

The subject site is zoned 2(a) – Residential (Urban Landscape Protection) and the proposal is a permissible land use in the zone with Council consent, subject to compliance with the provisions of the relevant environmental planning instruments.

The site is located some 0.5 metres above the Annual Exceedance Probability (AEP) flood level. However, larger events will inundate the site and potentially place property and people including occupants and rescue personnel at risk as access to flood evacuation routes are cut early in flood events.

The site will not comply with the flooding requirements of Penrith Local Environmental Plan 1998 (Urban Lands) and Part 2.10 of Penrith Development Control Plan 2006 as the site has been identified as being part of a Low Flood Island.

The NSW Land and Environment Court recently supported Council’s decision in the case of Morphett v Penrith City Council to refuse a development application involving the subdivision of land in Forbes Street, Emu Plains and comparisons are drawn throughout this report.

An assessment under Section 79C of the Environmental Planning and Assessment Act, 1979 has been undertaken and the application is recommended to be refused. The reasons for refusal are discussed in the subsequent pages of this report.

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Background

The development application was submitted to Council 16 January 2009 and was not subject to pre-lodgement advice. A preliminary assessment of the development application was undertaken and correspondence was sent 5 February 2009 seeking the applicant’s consideration and action of the following issues:

• Flood related development control (survey plan showing finished floor levels to AHD required); • Car parking, driveway and cross-over conflicts; • External wall height; and • Compliance to be demonstrated with cut-and-fill, corner site, fencing, BASIX and solar access requirements.

Site and Surrounds

The subject site is situated on the north eastern corner of Nepean Avenue and Captains Road, Penrith. The Nepean River is directly west of the subject site. A Locality Map is attached for your reference in Appendix No.1.

The site is 841m² in area and has a gentle slope from the west toward the eastern boundary of the site.

The site is currently occupied by a single dwelling and the surrounding area is characterised by low density residential development comprising a mix of new and older single dwellings with some dual occupancy developments.

The Proposed Development

The proposed development includes the following aspects:

• Demolition of existing structures (dwelling and outbuilding); • Construction of two (2) two-storey dwellings to create a detached dual occupancy of brick veneer construction; • Stormwater directed to rainwater tanks and overflow to be directed to the street; • Access for Unit 1 from Nepean Avenue and for Unit 2 from Captains Road; and • Associated car parking and landscaping.

The following reports and plans were submitted to form part of the development application:

• Site and ground floor plans, prepared by N.F. Billyard P/L, reference 1025.DA01, dated 13/01/2009; • Floor plans and shadow diagrams, prepared by N.F Billyard P/L, reference 1025.DA02, dated 13/01/2009; • Elevation and section plans, prepared by N.F Billyard P/L, reference 1025.DA03, dated 13/01/2009; • Landscape plan prepared by Bio Engineered Solutions Pty. Ltd, plan number 1271LAN1 and 1271LAN2, dated 15/01/2009;

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• Landscape report, prepared by Ken Nakkan of Bio Engineered Solutions Pty Ltd, submitted 16 January 2009; • Association of Building Sustainability Assessors (ABSA) and Building and Sustainability Index (BASIX) Certificates; • Statement of Environmental Effects prepared by N.F Billyard, reference 1025 Env; • State Environmental Planning Policy No.1 Objection (minimum site area), reference 1025 SEPP1; and • Waste Management Plan.

A landscape plan has been attached instead of a site plan to avoid internal floor layout being disclosed (Appendix No.2). Elevation plans are attached for reference (Appendix No.3).

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 application cannot be supported. The following issues have been identified for further consideration:

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

State Environmental Planning Policy (SEPP) No.1 – Development Standards The application incorporated an objection pursuant to SEPP No.1 to the development standard requiring a minimum land size of 850 square metres for detached dual occupancy development in the 2(a) – Residential (Urban and Landscape Protection). The objection pursuant to SEPP No.1 provides the following justification (as summarised) that compliance with this provision is both unreasonable and unnecessary: 1. The proposal demonstrates compliance with the objectives of the clause for minimum area site controls in the provision of: a) Two high quality, good size dwellings, appropriate to their scale and bulk and detached visual qualities to the surrounding development, particularly the new dwellings in Captains Road; b) The proposal demonstrates separation between the buildings with front, rear and internal courtyards and complies with all applicable DCP controls;

2. Strict compliance would result in the dwellings being attached which would: a) reduce the visual appeal, increase building bulk, reduce the individual amenity of each dwelling and compromise the normal appearance of a detached dwelling streetscape; b) not promote the aims of the LEP. According to Clause 3 of SEPP 1, the aims and objectives of the policy are: This Policy 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. Strict compliance with the minimum land size for detached dual occupancy would not hinder the attainment of the objects of the Act as detached dual occupancy development is permitted. That is, if the variation to the development standard was not supported, the design

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could be amended to remove the separation between the proposed dwellings to form an attached dual occupancy. If this development application was supportable, this scenario would be less ideal. In this case, this objection is well founded and consistent with the aims of SEPP No.1. The application does not require concurrence from the Director General as there are no matters of state or regional significance and the public benefit of maintaining the planning control will not be compromised. For reasons relating to regional and localised issues of flooding and associated safety implications, it is suggested that support to any variation that would facilitate a dual occupancy development on this site would not be granted until such time as the flooding issues could be demonstrated to be resolved.

Sydney Regional Environmental Plan (SREP) No.20 – Hawkesbury Nepean River The proposed development site is located within a Riverine Scenic Area. Given the proposed development sought approval for work greater than 50 square metres and higher than one storey, the development application is to be assessed against the provisions of this policy.

The subject site is currently screened from the Nepean River by vegetation on the south bank of the River. Subject to satisfactory construction practices including sediment and erosion control and waste management, landscaping of the site and street frontage, a drainage solution that provides for clean water to be drained to the street and non-reflective building materials, the proposed development would have achieved compliance with this policy.

Penrith Local Environmental Plan 1998 (Urban Land)

Permissibility The subject site is zoned 2(a) – Residential (Urban Landscape Protection) under Penrith Local Environmental Plan 1998 (Urban Lands). The proposed development is defined as a dual occupancy, which is a permissible development with the consent of Council subject to compliance with other provisions of the plan including those relating to flood liable land, minimum lot sizes and maximum external wall height for dual occupancy development.

LEP Objectives The proposed development is not consistent with the aims and objectives of the LEP, namely Clause 7(1)(h)(iii) which states:

“to ensure appropriate consideration of environmental threats to life and property, particularly flooding or bushfire events”.

Council’s Development Advisory and Technical Department have advised that the proposed development site has been identified as part of a Low Flood Island in accordance with Appendix G9.5 of the New South Wales Floodplain Development Manual. They state that whilst the site is approximately 0.5 metres above the Annual Exceedance Probability (AEP) flood level, larger events will inundate the site and potentially place people and property at risk as they are cut off early from evacuation routes in a flood event.

Zone objectives

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The objectives of the policy would have been satisfied as the proposed development would not have compromised the reinforcement of the natural landscape setting or areas with heritage conservation value and did not include non-residential use.

Dual occupancy is a permissible land use and the proposed development would have been located on a larger residential allotment, notwithstanding providing nine (9) square metres less than the land size requirement for detached dual occupancy development in the 2(a) – Residential (Urban and Landscape Protection) zone (refer above to Section 79C(1)(a)(i) – SEPP 1).

(Clause 11) Site controls for dual occupancy and multi-unit housing development

In the 2(a) – Residential zone, the minimum lot size required for a detached dual occupancy is 850m2. The size of the subject site is 841m2.

As discussed above, an objection pursuant to State Environmental Planning Policy (SEPP) No.1 – Development Standards was submitted for consideration with the development application. In this case, it was demonstrated that, had the application been supportable, strict compliance with this development standard providing for minimum land area for detached dual occupancy development is unnecessary and unreasonable.

(Clause 12)Building envelopes, heights, landscaped areas and rear boundary setbacks for development that requires consent

Clause 12(5)(b), Council shall not grant consent to development which involves the erection of two detached dwellings on a vacant allotment in Zone No.2(a) – Residential (Urban and Landscape Protection) if the external wall height of the dwelling furthest from the street exceeds 3.5 metres. In this instance being a corner site, the street is taken to be the principal street frontage which is in this case Nepean Avenue. The external wall height of the new dwelling proposed furthest from the street (Unit 2) is approximately 5.5 metres at its highest point, in addition to gabling treatment on the southern elevation.

The applicant was advised of this inconsistency and the requirement for a site plan to Australian Height Datum (AHD) to allow for assessment against Council’s interim policy for the development of flood liable land. The applicant responded by stating that the clause:

“is not able to be applied to a corner site such as this; it is not possible to determine which dwelling is further from the street. The intent of the clause is to apply to regular allotments to reduce impact of building bulk in internal backyard situations and therefore is not relevant”.

For Council to consider this response, justification as to whether compliance with this development standard is necessary or unreasonable would need to be submitted in the format of an objection pursuant to SEPP No.1. A further response from the applicant was not requested, as flooding issues were identified which cast doubts about the suitability of the site for more intensive residential use and would need to be, if the flooding issues were capable of resolution.

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(Clause 32) Flood liable land

This clause states that:

1) Council must not consent to the carrying out of any development on or adjacent to flood liable land unless the provisions of any council policy for the development of flood liable land have been taken into consideration; 2) The Council must not consent to an application to carry out any development (other than flood mitigation works or drains) which in its opinion will significantly:

f. affect the safety of the proposed development in time of flood; or

g. restrict the capacity of the floodway; or

h. increase the need for the Council, the State Emergency Service or any other Government agency to provide emergency equipment, personnel, welfare facilities, or other resources associated with an evacuation resulting from flooding; or

i. increase the risk to life and personal safety or emergency services and rescue personnel.

3) In considering any application for consent the council shall have regard to the need for safe access to the site of the proposed development should it become flooded.

Council’s Design and Technical Advice Department have advised that a flood model is being developed by Worley Parsons for Council and the Department of Environment, Climate Change and Water. This model has revised flood levels for the site and has identified the evacuation routes which will be cut in major flooding events.

Within the case of Morphett v Penrith City Council [2009] NSWLEC 1160 (26 May 2009), appropriate environmental planning instruments and development control plans for consideration are nominated. These include:

1. Penrith Local Environmental Plan 1998 (Urban Land); 2. Penrith Development Control Plan 2006 Part 2 Section 2.10; 3. New South Wales Government Floodplain Development Manual; 4. Suite of Guidelines prepared for Hawkesbury-Nepean Floodplain Management Strategy including:

a) Designing Safer Subdivisions; b) Managing Flood Risk Through Planning Opportunities; c) Reducing Vulnerability of Buildings to Flood Damage; 5. Hawkesbury Nepean Flood Emergency Sub Plan.

Council’s Design and Technical Advice Department have advised that compliance with the NSW Government Floodplain Development Manual cannot be demonstrated. Particular

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reference is made to Clause L6 of Appendix L – Hydraulic and Hazard Categorisation where factors which determine the true flood hazard include:

• Size of flood • Effective warning time • Flood readiness • Rate of rise of floodwater • Depth and velocity of floodwaters • Duration of flooding • Evacuation problems • Effective flood access • Type of development

The proposed development is likely to result in a flood hazard as flood safe access and evacuation cannot be satisfactorily demonstrated.

Council has received advice from the State Emergency Services (SES) that they do not have the ability to evacuate the current population contained within areas identified as low flood islands within the effective warning time issues by the Bureau of Meteorology. Both Council and the SES are therefore not supportive of development that will introduce further occupants in these areas.

Further reference is made to Clause 9.5 of Appendix G – Floodplain Risk Management Study Preparation where the concept of ‘flood islands’ is addressed. This is likely to be the case for the subject site where floodwater is likely to rise around the land limiting access from the site.

The proposed development is inconsistent with the intent of the above planning documents particularly in relation to flood hazard and evacuation (flood safe access).

Therefore, Clause 32 cannot be satisfied and Council cannot grant consent to the proposed development on the subject site.

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

There is no applicable draft Environmental Planning Instrument for consideration with this development application, however, Council has prepared the “Riverlink Precinct Plan”. The application was referred to Council’s Environmental Planning Department for comment where no objection to the proposal was raised.

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

Compliance with the aims and objectives as well as the provisions within Penrith Development Control Plan 2006 – Part 2, Section 2.10 (Flood Liable Land) has not been demonstrated as outlined below:

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Penrith Development Control Plan 2006 – Part 2.10 (Flood Liable Land)

Objectives (Part A) In accordance with Clause 2, the following aims and objectives of the plan are of relevance to the subject development application:

a. to reduce the impact of flooding and flood liability on individual owners and occupiers; b. to limit the potential risk to life and property resulting from flooding.

For reasons stated earlier in this report, these objectives have not been achieved for the proposed development in the proposed location.

Development Control (Part B) In accordance with Clause 2 (General Requirements), Council will consider development in flood liable land but will not grant consent to development in flood ways or in high hazard areas. Regard will be given to such matters as depth and nature of flood waters and the nature and risk posed to the development by flood waters.

Levels have been taken from the south-east corner of 82 Nepean Avenue Penrith, where the land has been surveyed to have a natural ground level of 26.0m to Australian Height Datum (AHD). Whilst the Worley Parsons model is not complete and values may change, the depth of water expected range from 1.19 metres for a 1 in 200-year flood event to 5.81 metres for the Probable Maximum Flood (PMF) event.

In using the same methodology, the depth of water expected on Jamison Road at Surveyors Creek for the 1 in 100-year flood event is 2.09 metres with a maximum predicted depth of 8.26 metres during a PMF event.

Based on this modelling and the above development controls, the application is inconsistent with the DCP requirement as the site is severely inundated in major flood events, safe flood free access is not available.

Penrith Development Control Plan 2006 – Part 4.3 (Dual Occupancy) A full assessment of the residential built form has not been undertaken given the issue of flooding is paramount.

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

In accordance with Section 54 of the Environmental Planning and Assessment Regulation 2000, the proposed development was not accompanied by an objection pursuant to State Environmental Planning Policy No.1 (Development Standards) that addressed the non- compliances with the development standards pertaining to external wall height.

As a result of the above and in conjunction with outstanding issues pertaining to flooding, the development application cannot be supported.

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

Built and Natural Environment

• Flooding and flood-free access It is unlikely that safe flood free access to the site can be achieved for reasons discussed earlier in Section 79C(1)(a)(i) – LEP 1998 (Urban Lands) and Sections 79C(1)(a)(iii) – DCP 2006.

• Compatibility Although dual occupancy development has been approved in the past within the vicinity of the subject property, since their approval, additional flood-related information has become available to Council, which has changed the position on additional residential dwellings in particular areas.

The presence of existing dual occupancy development in the vicinity of the site demonstrates the proposed development is unlikely to be inconsistent with the surrounding built form. This does not diminish the overarching issues related to flooding that is preventing approval. That is, whilst the built form may be visually compatible placing additional residents in areas of flooding hazard is not.

Social and Economic

• Interaction between the development and the community The determination of this development application may impact surrounding property owners or other locations where the “flood island” effect can occur. This may be of particular interest upon lots where dual occupancy development is a permissible land use, however cannot practically occur at the present time.

As such, it is recommended in this report that the flood issue be referred to Council’s Local Plan Team for consideration during land-use planning within Stage 2 (Residential land) of the Integrated Local Plan.

• Health and safety (occupants and rescue personnel) Given there are many lots in the vicinity of the proposed site that possess the minimum land size required for dual occupancy development, the cumulative impact of additional residential development within these areas is a consideration in determining this development application. Council has been advised by the State Emergency Service (SES) that there is considerable time needed for evacuation of these areas subsequent to warning being received of a possible flood event. Therefore, further residential development in this area is not supported given the risk placed upon occupants and rescue personnel as referred earlier in this report.

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

The site is not suitable for the proposed development as discussed earlier in this report.

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

Referrals

The application was referred to the following Council officers and their comments have formed part of the assessment.

Referral Body Comments Received

Development Engineer The proposed development is not supported (see Section 79C(1) – Clause 32 Flood Liable Land

Environmental Planner No objection to the proposal in accordance with the Riverlink Precinct Plan.

Building Surveyor No objection, subject to recommended conditions on any consent.

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 and placed on public exhibition between 5 February 2009 and 19 February 2009. Council notified 13 residences in the area and has not received any submissions in response.

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

Permissibility

The proposed development is a permissible land use in the zone which may raise the issue that denying a land use that is permitted in the zone would impact other lots with similar land affectations from further development opportunity. However, in the case of Morphett v Penrith City Council, the Commissioner acknowledged the existing residential use of the site (i.e. a house) and stated “it is not sterilised by the prevention of higher density development.” This is not dissimilar to the proposed site as a dwelling exists on the property.

Council’s Design and Technical Advisory Department have advised that the Hawkesbury- Nepean Flood Management Advisory Committee had explored the possibility of a bridge road in the future to negate a flood island scenario, however, proposals from the Windsor and Richmond areas had higher priorities.

Cumulative impact and precedent

There are similarities in the case of Morphett v Penrith City Council related to flood liable land. This case acknowledged the cumulative impact of lots that may seek subdivision or dual occupancy development and concluded that:

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“Sensible planning in the public interest mitigates against increasing the demand for emergency services and risk to life and property in such location”.

Support for the proposed development would set an undesirable precedent that is contrary to the above statement.

Precautionary principle and other available information

As discussed under Section 79C(1)(a)(iii) – Flood Liable Land (Clause 32), Council’s Design and Technical Advice Department have advised that compliance with the NSW Government Floodplain Development Manual cannot be demonstrated.

Conclusion

The overarching concern that prevents the proposed development from being supported pertains to flooding. In this case, as modelled on the case of Morphett v Penrith City Council, flooding is a concern for many reasons including risk to human life.

Compliance with SREP 20 can be demonstrated. Full compliance with SEPP No.1 has not been demonstrated. Flood related development controls within Penrith LEP 1998 (Urban Lands) and Penrith DCP 2006 cannot be demonstrated.

The likely impacts of the proposed development cannot be mitigated to be reasonable and for reasons raised throughout this report, refusal of the proposed development application would protect the public interest.

As such, Council is neither able nor willing to permit a form of development that is not safe for occupants of the site, surrounding occupants within the catchment and emergency service personnel.

Should flood free access be achieved, a full assessment into other non-compliances with environmental planning instruments and development control plans will be required. Until such time, the application cannot be supported.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith be received. 2. DA09/0024 for the demolition of existing dwelling and the construction of a detached dual occupancy at 82 Nepean Avenue PENRITH NSW 2750, be refused for the following reasons: A) The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the following provisions of Penrith Local Environmental Plan 1998 (Urban Lands):

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• Clause 7(1)(h)(iii) – Aims and objectives of this plan; • Clause 32 (1) – Flood liable land and compliance with relevant policy; • Clause 32 (2)(f)(g)(h) and (i) – Flood liable land and safety, floodway capacity, SES service provision and safety concerns; • Clause 32 (3) – Flood liable land and safe access

B) The application is not satisfactory for the purpose of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the following provisions of Chapter 2.10 (Flood Liable Land) of Penrith Development Control Plan 2006:

• Part A, Clause 2 (a) and (b) – Aims and objectives as there are concerns relating to flooding, flood liability and risk to life; • Part B, Clause 2 – Development Control (General Requirements)

C) The application is not satisfactory for the purpose of Section 79C(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the matters prescribed by the Regulations in Section 54 (Consent authority may request additional information) as an objection pursuant to SEPP No.1 did not accompany the application that stated the necessity and reasonableness for strict compliance with the development standards providing for maximum external wall height for the dwelling furthest from the street for dual occupancy development as required by Clause 12(5)(b) of Penrith Local Environmental Plan 1998 (Urban Land)

D) The application is not satisfactory for the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in terms of the likely adverse impact upon the existing natural and built environment relating to flooding impacts including lack of safe evacuation access from the site for occupants and SES personnel

E) The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as the site is not suitable for the proposed development as a result of flooding and the associated risks to life during flood events

F) The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest

ATTACHMENTS/APPENDICES 1. Locality Map 1 Page Appendix 2. Landscape Plan & Elevantions 2 Pages Appendix

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20 Development Application DA09/1107 for the Construction of a DA09/1107 New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith Applicant: Penrith City Council; Owner: Department of Land and Water Conservation

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 new Howell Oval cricket pavilion in Penrith Park at Lot 2 DP 773983, (No. 143) Station Street, Penrith. As Council is the applicant for the proposal, the Development Application is reported to Council for determination in accordance with adopted practice.

The site is zoned 6(d) Regional Open Space under Penrith Local Environmental Plan 1998 (Urban Land). The proposed development is defined as a “recreation area” and “recreational facility”, which are both permissible forms of development with the consent of Council. The proposed development was advertised in the local newspapers and notified to the owners and occupiers of adjoining and nearby properties. Council notified 229 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

An assessment of the proposed development under 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:

• Access, parking and traffic • Accessibility • Flora and fauna

These matters are discussed in detail in this report.

The proposed development represents improvements to Howell Oval which is one of the City’s major sporting venues. The proposed development will not only provide a major benefit to the wider community but also to the users of this sporting facility. The proposed development is unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed development and the proposal is not contrary to the public interest. The proposal is therefore worthy of Council’s support.

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This report recommends that the application be approved subject to recommended conditions of consent.

Background At its Ordinary Meeting held on 1 August 2005, Council adopted the Penrith Stadium Redevelopment Masterplan. As the total funding required for the master plan was not available for the redevelopment of the Penrith Stadium at this time, it was decided that the master plan would be implemented in stages. Stages 1 and 2 of the master plan works were approved by Council via Development Application No. DA05/1384 at Council’s Ordinary Meeting held on 10 October 2005. Two subsequent Section 96 modifications to these works were approved by Council under Delegated Authority in March 2007 and March 2008. The Stage 1 and 2 works to Penrith Stadium included major improvements to the eastern and western grandstands and the north-eastern and north-western forecourts, laying of a new playing surface and ground lighting maintenance works. These works have now been substantially completed.

The Development Application seeks approval for a third stage of master plan works. Although the Penrith Stadium Redevelopment Masterplan did not envisage replacement of the Howell Oval cricket pavilion, this facility has been escalated in priority to induce greater equity in the allocation of sports funds in the City.

Site and Surrounds The subject site is known as Penrith Park and is bounded by Ransley Street to the north, Station Street to the east, Jamison Road to the south and Mulgoa Road to the west. Penrith Stadium (known as CUA Stadium) is located at the north-eastern corner of the site while Howell Oval occupies the southern portion of the site. A football training field is located to the west of the football stadium. Refer to the Locality Plan at Appendix No. 1 for further details.

Penrith Stadium is used as a venue for rugby league, rugby union and soccer games and is the home ground of the Penrith Panthers rugby league team. Howell Oval is used as a venue for cricket matches. The existing Howell Oval cricket pavilion (N.A. Hunter pavilion) is a double brick building with a flat metal roof and includes player change rooms, toilets and an umpire’s box.

Surrounding land uses include the Penrith Showground to the north, the former Panasonic site to the east (now known as the Parkveiw site), residential land uses to the south and the Penrith Panthers Leagues Club to the west.

The Proposed Development The proposed development includes the following aspects:

• Demolition of the existing Howell Oval cricket pavilion (N.A. Hunter pavilion) • Construction of a new cricket pavilion, including a club lounge and related bar, kiosk, home players’ change room, amenities, garbage room and related storage areas • Construction of a new indoor cricket training facility, including two indoor cricket training nets, away players’ change room, umpire and scorer mezzanine and related storage areas

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• Construction of a new forecourt area linking the cricket pavilion and the southern hill access point to Penrith Stadium and related car parking and landscaping works

Refer to Appendix No. 2 for copies of the site plans, floor plans and elevations submitted with the application. A3 copies of the plans are provided under separate cover to Councillors.

The proposed development was initially a component of the recently approved Development Application No. DA09/0747 for proposed upgrade works to Penrith Stadium. However DA09/0747 was amended to exclude the Howell Oval works to facilitate separate construction contracts for the Penrith Stadium upgrade works (to be undertaken by Penrith District Rugby League Football Club) and the Howell Oval upgrade works (to be undertaken by Penrith City Council).

In view of the proposed club lounge and related bar, it will be necessary for the applicant to lodge a separate liquor licence application for an on-licence with the NSW Office of Liquor, Gaming and Racing. The liquor licence will need to be obtained prior to the commencement of the sale and consumption of alcohol from the premises. This matter is recommended to be suitably conditioned (see Special Condition 2.2).

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 based on this assessment, 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) The subject site is zoned 6(d) Regional Open Space under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed development is defined as a “recreation area” and a “recreational facility”, which are both permissible forms of development with the consent of Council. These land uses are defined in the LEP as follows:

“recreation area” means an outdoor area which provides for social, recreational and leisure activities, and includes associated structures (playground equipment, boardwalks, cycleways and the like), but (in the development control table) does not include a building or place or land use specifically defined elsewhere in this Schedule.

“recreational facility” means a building or place used for indoor recreation (such as a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley), whether or not used for the purpose of gain, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.

The club lounge in the proposed cricket pavilion is ancillary to the principal uses above. However use of this facility will only be permitted to occur in conjunction with an organised event at Howell Oval (i.e. where members of the public are attending other public areas of the oval). It is noted that a “reception centre” is a prohibited land use in the 6(d) Regional Open Space zone. This matter is recommended to be suitably conditioned (see Special Condition 2.3).

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The proposed development is consistent with the aims and objectives of the LEP. The particular objectives of the 6(d) Regional Open Space zone are as follows:

(i) to reserve land for regional open space; and (ii) to ensure that development: (a) is for a purpose that promotes or is related to the use and enjoyment of open space; and (b) does not substantially diminish public use of or access to open space; and (c) does not adversely affect the natural environment, any items or areas of heritage significance or the existing amenity of the area.

The proposed development satisfies each of the relevant objectives of the 6(d) Regional Open Space zone as discussed below in relation to Clause 26. Under the provisions of the LEP there are no specific design criteria or numerical development controls for the site.

Clause 26 lists additional matters for consideration for development in the 6(d) Regional Open Space zone, including:

(a) The need for the proposed development on the land.

The applicant has identified the need to undertake the proposed development to ensure Howell Oval will be a first-class sporting facility.

(b) The impact of the proposed development on the existing or likely future use and character of the land.

The impact of the proposed development will be positive for not only the subject sporting facility but also for the surrounding sporting precinct with an aesthetically pleasing design and improved facilities to result in a prominent sporting complex. The proposed development will be complementary to the existing Howell Oval, Penrith Stadium and surrounding open space.

(c) Whether any proposed building will be secondary and complementary to the existing or proposed use of the land as public open space.

The proposed development has been designed to utilise as much of the existing facilities as possible, while providing an overall improvement. These improvements will result in a development that will remain complementary to current and future uses of the land as open space.

(d) Whether the proposal will substantially diminish public use of, and access to, open space.

The proposed development will not substantially diminish the public use of, or access to, open space.

(e) Whether the proposal is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses.

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The design of the proposed development is consistent with existing development on the site and it will not result in a significant increase in noise generation.

(f) Whether the proposal is consistent with a plan of management applying to the land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.

Not applicable.

The proposed development will not create any adverse impacts on nearby or adjoining land uses as a result of the proposed building height, bulk and scale. The finished facility will continue to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games. The proposed development represents a positive design response and will result in a significantly improved sporting facility.

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, it should be noted that 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 collected via rainwater tanks for re-use in irrigation of the site. Overflow from the rainwater tanks 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 the stormwater quality and quantity aspects of the proposal.

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.

It is understood that the subject land has not previously supported any activities which may have resulted in land contamination. This information is sufficient to conclude that a Stage 1

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Preliminary Site Investigation is not warranted. Accordingly the provisions of SEPP 55 have been satisfied.

2. Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Penrith Development Control Plan 2006 Section 2.1 Contaminated Land This matter has been discussed earlier in this report.

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.

Council’s Community Safety Coordinator has reviewed the proposed development with regard to community safety and CPTED principles and has provided the following comments:

The abovementioned application has been assessed with regard to Community Safety and Crime Prevention Through Environmental Design (CPTED) principles.

As highlighted by the applicant, by supporting higher patronage to the complex, the proposed development may increase levels of passive surveillance to the area during peak usage times.

It should however be noted that in times of low usage, the complex may be vulnerable to property crime such as malicious damage and break and enter offences, and it is therefore essential that appropriate safety and security measures are implemented (e.g. use of CCTV systems, back-to-base alarm system and the use of security personnel to minimise the risk of crime and enhance the safety of patrons and staff).

Council’s Community Safety Coordinator has provided conditions of consent that should be applied to the proposed development to promote safety for patrons and staff and to minimise the crime risk associated with the development. These conditions relate to matters such as site, building and landscape design, lighting, use of CCTV cameras, access control, graffiti and vandalism. Each of these matters are recommended to be suitably conditioned (see Special Condition 2.4).

Section 2.6 Landscape The application has been accompanied by a landscape concept plan for the site which will provide for the high-quality embellishment of the site by suitable landscaping which, at maturity, will complement the height, scale, design and function of the proposed development. A detailed landscape plan will be required prior to the issue of the Construction Certificate for the development, including provision for screen planting to the proposed rainwater tanks where necessary. This matter is recommended to be suitably conditioned (see Special Condition 2.5).

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Section 2.7 Notification and Advertising 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 11 November to 25 November 2009. Council notified 229 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

Section 2.9 Waste Planning A waste management plan has been provided with the application 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 2.11 Car Parking This matter will be discussed later in this report.

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

Parking

Penrith DCP 2006 or RTA Guide to Traffic Generating Developments do not stipulate a parking rate for recreational facilities such as proposed.

The proposal increases the on-site formal parking by 28 spaces, to a total of 42 formal car spaces (including 8 accessible spaces). 149 informal event overflow parking spaces are currently available to the south-west of the oval. Parking is also available at the Panthers World of Entertainment complex opposite the oval in Mulgoa Road. Based on expected officials, players, spectator numbers (80-200 per un-ticketed cricket match), and public transport options, the number of parking spaces proposed is satisfactory.

All formal car parking and manoeuvring must be in accordance with AS 2890.1 (2004) and Council’s requirements. Accessible spaces are to be located closest to the entrance to the buildings.

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Access and Circulation

Vehicular access to the formal car parking area at the north of the cricket oval is via the existing driveway to/from Station Street.

Access to the casual overflow parking on the western side of the oval has been via an informal kerbed crossing to Jamison Road, just to the east of the roundabout. It is recommended that this informal access point be physically closed to traffic, particularly in consideration of the signalisation of the Mulgoa Road/Jamison Road intersection currently being constructed. All vehicular access to the overflow parking area should be via the track as indicated on the development plan A002/A.

Driveway sight distance for vehicles must not be compromised in the 50km/hr speed zone. In this regard, future landscaping/fencing or signage, must not intrude into the line of sight for access onto Station Street.

Traffic Generation

RTA Guide to Traffic Generating Developments does not stipulate a traffic generation rate for recreational facilities such as proposed in Stage 3.

The SEE (page 7) indicates that peak events do not coincide and therefore access and parking can be considered for each peak event mode separately. Based on this information, it is excepted that during sporting matches/events, the additional vehicular movements generated by this development will produce a minor increase in local traffic flow. No adverse traffic generation impacts are expected from the Stage 3 development and it is anticipated that the local road network has adequate spare capacity to cater for this increase.

Council’s Traffic Engineer has provided conditions of consent that should be applied to the proposed development to ensure safe and efficient access, parking and traffic flow. Each of these matters are recommended to be suitably conditioned (see Special Conditions 2.6, 2.7 and 2.8).

Waste Management This matter has been discussed earlier in this report.

Safety, Security and Crime Prevention This matter has been discussed earlier in this report.

Social and Economic Impacts The proposed development represents improvements to Howell Oval which is one of the City’s major sporting venues. The proposed development will not only provide a major benefit to the wider community but also to the users of this sporting facility.

Site Design Cricket Pavilion The architectural form of the proposed cricket pavilion comprises a low slung arced roof

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Parts of the northern, eastern and western elevations of the cricket pavilion are proposed to be clad with a “green screen”. The green screen will comprise of a climber vine which will act to reduce heat gain and visual impact of the proposed building and will also aid as a barrier to graffiti and vandalism. In order to ensure the green facade achieves the necessary growth and vigour to achieve the desired outcomes, details of the proposed climber species and a maintenance plan will be required prior to the issue of the Construction Certificate. This matter is recommended to be suitably conditioned (see Special Condition 2.9).

Accessibility The application has been accompanied by an Access Review prepared by Morris-Goding Accessibility Consulting. This report provides advice and strategies to maximise reasonable provisions of access to the proposed development for people with disabilities in response to the accessibility requirements of the Building Code of Australia and the Commonwealth Disability Discrimination Act 1992. These requirements relate to matters such as ingress and egress, paths of travel, accessible amenities and car parking.

The Access Review recommends a series of measures to be incorporated into the detailed construction design plans for the proposal to ensure an appropriate degree of accessibility for the development. Each of the recommendations in the Access Review is capable of being incorporated into the detailed construction design plans for the proposal. This matter is recommended to be suitably conditioned (see Special Condition 2.10). In addition, it should be noted that the application was referred to Council’s Access Committee for comment. The Access Committee considered the matter at its meeting held on 5 August 2009 and raised the following issues:

• Accessible parking • Accessible seating, including undercover seating areas for people in wheelchairs • Penrith Stadium drop-off point for people with disabilities • Continuous path of accessible travel between grandstands • Path of travel from the Leagues Club • Signage for southern hill access point to Penrith Stadium (“accessible seating not available from this entrance”) • Inequity with undercover disabled seating being only available in the grandstand which is an additional cost • Difficulty of multiple people sitting together with a person or a number of people in wheelchairs

In response to these matters, most of which fall outside the scope of the subject application, the applicant submitted a supplementary statement addressing the matters raised. A summary of the applicant’s responses to the matters relevant to the subject application are detailed below.

Issues Raised Applicant’s Response Accessible Parking The existing parking area adjacent to the cricket pavilion in the centre

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of the park is to be retained, both in hard pavement and in the gravel overflow extension. The proposed plan for upgrading shows 26 parking spaces, with 3 off sized for accessibility. These spaces will be sign posted and labelled accordingly.

The parking area adjacent to the southern entry is not to be used for vehicular parking during a full house football event. This pavement area forms the southern entry pedestrian forecourt. Casual parking is available for a football event under a management arrangement, on the lawn areas to the south and west of Howell Oval. This parking on grass would not suit accessible patrons. It is therefore proposed, funding permitting, that future parking be established off the current driveway to the cricket pavilion for an additional 16 cars. These spaces can be designed and designated for accessible patrons. The scope of works for Stage 3 does not include these spaces. Accessible Seating An elevated wheelchair bay is proposed along the new cricket pavilion concourse for up to 4 wheelchairs. The remaining edge detail to the concourse is designed in large format terraced steps for casual seating. No structured or fixed seating is proposed.

The supplementary statement was considered by the Access Committee at its meeting held on 7 October 2009. The Access Committee was satisfied with the responses provided to the matters previously raised.

Flora and Fauna There are two distinct groups of existing trees located in the vicinity of the proposed works. The first group of existing trees is located on the southern side of the existing scoreboard for Penrith Stadium and comprises three mature trees as detailed below:

• Tree 1 – Dropping Red Gum (Eucalyptus parramattensis) • Tree 2 – Silky Oak (Grevillea robusta) • Tree 3 – Dropping Red Gum (Eucalyptus parramattensis)

The second group of existing trees is located on the northern side of Howell Oval and comprises three mature trees as detailed below:

• Tree 4 – Spotted Gum (Eucalyptus maculata) • Tree 5 – Spotted Gum (Eucalyptus maculata) • Tree 6 – Spotted Gum (Eucalyptus maculata)

The application has been accompanied by an Arborist’s Report prepared by Lang Tree Management. The report concludes that consideration should be given to the removal of Trees 1, 2 and 3 due to the high level of risk posed by significant defects identified in Tree 1 (significant cambial loss and borer infestation) and Tree 3 (basal decay). Trees 4, 5 and 6 are reported as being retainable subject to the establishment of appropriate tree protection zones prior to the commencement of works.

Council’s Tree Maintenance Officer has reviewed the proposed development and submitted Arborist’s Report and has provided the following comments:

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The 3 trees behind the scoreboard should be removed. The 3 trees near Howell Oval must be retained and protected. The recommendations in the arborist report (John Lang, Consulting Arborist - 31 July 2009) must be implemented. No construction activities including the storage of materials or parking of vehicles, are to be done under the canopy of any tree in the area.

The arborist report recommends the removal of the 3 trees behind the existing stadium scoreboard. The two Eucalyptus parramattensis are in poor condition. Tree 3 (western most tree) has fungal decay at the base. An investigation using an internal decay detection device (e.g. Resistograph) would be useful however the presence of this decay and proposed changes would make the retention of this tree highly questionable.

Tree 1 (the eastern most tree) has some significant damage to the cambium layer (growing part of the tree). There is damage in at least 3 areas on the main stem. This makes the tree weak and could result in large parts of the tree failing in strong winds. The tree would be compromised by the proposed construction and the increased pedestrian traffic under these trees would increase the risk. The middle tree (Silky oak) would be compromised by the removal of trees 1 and 3 and should be removed.

The 3 spotted gums near Howell Oval are in fair to good health and condition however the proposed construction of buildings and associated landscaping will have some detrimental effect to the trees. The 2 trees closest to the oval have suffered some bird damage to branch forks near the stem. The arborist has recommended further investigation which I believe would be prudent. The root system of these trees has been damaged (scalped by mowers and compacted). The trees may have had a girdled (pot bound) root system when planted.

The proposed landscape works include soil level changes and the construction of concrete paths. These works are highly likely to damage tree roots. The use of an 80-20 sand/soil mix for the topsoil and no excavation near/between trees must be carried out.

The tree protection measures (chain wire tree protection fencing for the trees adjacent to Howell Oval) recommended in the arborist report must be implemented prior to construction commencing. Leaf mulch must be applied at 75mm thickness in tree protection areas.

I recommend the removal of the trees behind the CUA Stadium scoreboard and super advanced mature replacement trees be planted in the location.

The above recommendations of Council’s Tree Maintenance Officer are recommended to be suitably conditioned (see Special Conditions 2.11, 2.12 and 2.13).

Stormwater Drainage Stormwater run-off from the proposed development will be collected for re-use in irrigation of the site. Stormwater run-off from the proposed cricket pavilion is to be directed to 4 x 2,500 litre rainwater tanks. Stormwater overflow from the rainwater tanks will be directed to Council’s existing stormwater drainage system. The rainwater tanks will also be connected to mains water supply to enable the rainwater tanks to be replenished should rainfall be inadequate for site irrigation purposes.

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Council’s Development Engineer has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal, providing conditions of consent that should be applied to the proposed development. These conditions relate to all aspects of the proposed civil engineering works (see Special Conditions 2.14 to 2.25 inclusive).

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 11 November to 25 November 2009. Council notified 229 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:

Referrals Comments Building Surveyor No objection, subject to conditions. Community Safety Coordinator No objection, subject to conditions. Development Engineer No objection, subject to Special Condition 2.15 to 2.25. Public Health No objection, subject to Special Condition 2.26. Traffic Engineer No objection, subject to conditions. Tree Maintenance Officer No objection, subject to conditions.

7. Section 79C(1)(e) – The Public Interest The site is suitable for the proposed development. Recreation areas and recreational facilities are permissible in the 6(d) Regional Open Space 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 properties, subject to recommended conditions of consent.

Section 94 Contributions There are no Section 94 contributions applicable to the proposed development.

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Conclusion The proposed development represents improvements to Howell Oval which is one of the City’s major sporting venues. The proposed development will not only provide a major benefit to the wider community but also to the users of this sporting facility.

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 DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received. 2. Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be approved subject to the following conditions: Standard Conditions 2.1 A001 Approved plans A008 Works to BCA requirements A012 Food shop A019 Occupation Certificate A026 Advertising signs 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 D001 Implement approved sediment and erosion control measures D005 No filling without prior approval D006 Validation of fill material

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D007 Filling of land D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste D014 Plant and equipment noise E01A BCA compliance (Class 2-9) E002 BCA issues to be addressed E006 Disabled access and facilities E009 Annual fire safety F001 Food shop construction and plans F006 Water tank and nuisance G002 Section 73 G004 Integral Energy G005 Rainwater tank plumbing 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 H025 Construction of garbage rooms 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 L012 Retain and maintain existing landscaping P001 Costs P002 Fees associated with Council land Q001 Notice of commencement and appointment of PCA

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Q006 Occupation Certificate Special Conditions 2.2 An “on-licence” liquor licence from the NSW Office of Liquor, Gaming and Racing shall be obtained prior to the commencement of the sale and consumption of alcohol from the premises 2.3 The club lounge is only to be used in conjunction with an organised event being held at Howell Oval where members of the public are attending other public areas of the oval 2.4 The development shall comply with the following community safety and CPTED (Crime Prevention Through Environmental Design) matters: (a) All buildings within the complex should be fitted with a back-to- base alarm monitoring system (b) A closed-circuit television (CCTV) system should be installed with coverage provided to key areas within the complex, including entry/exit points, club lounge and bar areas, car park areas and office areas (c) All doors and windows within the complex should be fitted with appropriate security locks and fittings to restrict access to unauthorised persons. This includes the club lounge and bar areas, kitchen, kiosk, toilets, player change rooms and the indoor training pavilion. A security swipe card system is recommended for this purpose (d) Toilet facilities should be securely locked when not in use (e) Entrances to toilet blocks should be highly visible with minimal screening to avoid potential entrapment and/or concealment opportunities (f) Toilet cubicle doors should open outward to allow access in an emergency. Doors should also have spring-opening hinges to allow doors to remain open when not in use (g) The rear of toilet doors should have hooks located half-way down the door to ensure that handbags cannot be accessed over the top of the door (h) There should be a gap between toilet doors and the floor and between toilet doors and the ceiling (i) The creation of areas where items such as drug paraphernalia can be hidden should be avoided (e.g. suspended ceilings) (j) Toilet fittings should be flush with walls to avoid tampering or stashing of items (k) All areas within the complex, including the grounds, pavilion and car park areas, should be well lit in accordance with relevant Australian Standards (l) All lighting should be vandal resistant where practical

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(m) Lighting should be consistent to reduce contrast between shadows and illuminated areas (n) Lighting should be contained within the property boundary and no light should be projected upwards (o) The car park areas should be well lit in accordance with Australian Standards. Vandal-proof lighting is recommended where practical (p) Landscaping in the car park areas should be minimal to maintain clear lines of sight and reduce entrapment opportunities (q) In order to improve surveillance, provide clear lines of sight and avoid concealment areas in public areas, dense vegetation and shrubs with top to bottom foliage should be avoided (r) Graffiti resistant paints/surfaces should be used on the external surfaces of the development to minimise opportunities for graffiti and vandalism (s) Sturdy, vandal resistant materials should be used for fixtures such as lighting, seating and bins to reduce the risk for graffiti (t) Any graffiti or malicious damage to the building should be reported to the Police and removed rapidly to discourage repeat incidents 2.5 A detailed landscape plan shall be submitted and approved prior to the issue of the Construction Certificate. The landscape plan shall include provision for screening of the proposed rainwater tanks where necessary 2.6 Vehicular access to and from Jamison Road and Mulgoa Road is denied for overflow event parking. All vehicular access to the overflow event parking area shall be via the track as indicated on the submitted event parking plan. In this regard, the overflow event car park shall be designed in such a way that prevents vehicle access to and from Jamison Road and Mulgoa Road, clearly directing vehicles to the access track circulating the oval 2.7 All formal car parking and manoeuvring shall be in accordance with AS 2890.1 (2004) and Council’s requirements. Accessible car spaces shall be located closest to the entrance to the building 2.8 The required sight lines to pedestrians and vehicles at the Station Street driveway entrance shall not be compromised by landscaping, signage, fencing or display materials 2.9 In order to ensure that the “green facade” to parts of the northern, eastern and western elevations of the cricket pavilion achieves the necessary growth and vigour to reduce heat gain and visual impact of the building and aid as a barrier to graffiti and vandalism, details of the proposed climber vine species and a maintenance plan shall be submitted and approved prior to the issue of the Construction Certificate

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2.10 Each of the recommendations relating to the development contained in the Access Review dated 30 July 2009 prepared by Morris-Goding Accessibility Consulting shall be incorporated into the Construction Certificate plans for the development. Certification from a suitably qualified accessibility consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of the Occupation Certificate 2.11 Each of the recommendations contained in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management shall be implemented at the relevant stages of the development works. Leaf mulch shall be applied at 75mm thickness in tree protection areas 2.12 Approval is granted for the removal of Trees 1, 2 and 3 as identified in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management. Super advanced mature replacement trees shall be planted in this location prior to the issue of the Occupation Certificate. Trees 4, 5 and 6 shall be retained and protected 2.13 No construction activities, including the storage of materials or parking of vehicles, are to be carried out under the canopy of any existing trees to be retained on the site 2.14 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 2.15 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 2.16 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works: (a) Stormwater drainage (b) Car park 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 2.17 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 2.18 Prior to the issue of a Construction Certificate, the Certifying

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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 2.19 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 2.20 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised 2.21 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 2.22 All filling shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Australian Standard 3798 2.23 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 2.24 Prior to the issue of the 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 2.25 The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed 2.26 An inspection from Council’s Environmental Health Department will be required prior to the operation of the development. The proprietor shall contact the Environmental Health Department at the appropriate time to organise an appointment for the inspection.

ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Site Plans, Floor Plans and Elevations 10 Pages Appendix

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21 Development Application DA09/0809, DA09/0811 and DA09/0809 DA09/0812 for the Stage 1A, 1B and 1C Residential DA09/0811 Subdivisions in the Western Precinct of the St Marys Release DA09/0812 Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo Applicant: Maryland Development Company; Owner: St Marys Land Ltd

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 three Development Applications from Maryland Development Company for the first series of residential subdivisions (Stage 1A, 1B and 1C) in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, 1070-1274 The Northern Road, Llandilo. Maryland Development Company is a joint venture company comprising St Marys Land Ltd (the land owner and joint developer) and Lend Lease Development Pty Ltd (joint developer). In recognition of the significant public interest in the St Marys site over a number of years, the Development Applications are reported to Council for determination.

The land subject to the proposed works is zoned Urban under Sydney Regional Environmental Plan No. 30 – St Marys. The proposed subdivisions and related works are a permissible form of development with the consent of Council. The proposed developments were advertised in the local newspapers and notified to the owners and occupiers of adjoining and nearby properties. Council notified 8,463 property owners and occupiers in the surrounding area and received 12 public submissions in relation to the proposals.

An assessment of the proposed developments under Section 5A, Section 79C and Section 91 of the Environmental Planning and Assessment Act 1979 has been undertaken and the proposals have been found to be satisfactory. The following key issues have emerged as a result of this assessment process:

• Access, transport and traffic • Flora and fauna

These matters are discussed in detail in this report.

The proposed developments are unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed developments and the proposals are in the public interest. The proposed developments represent a significant commencement toward

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the creation of a new greenfield master planned estate in the City of Penrith. The proposed developments will not only provide major social and economic benefits to the wider community but also to the future residents of the estate. The proposals are therefore worthy of Council’s support.

This report recommends that the applications be approved subject to recommended conditions of consent.

Background The St Marys Release Area forms part the former St Marys ADI (Australian Defence Industries) site, with the balance of the site contained in the Blacktown LGA. The site was previously used as a munitions factory by the Commonwealth Government. The majority of the site munitions manufacturing operations ceased by 1994.

The St Marys ADI site was endorsed by the NSW Government for inclusion on the Urban Development Program (UDP) in 1993. On 19 January 2001, Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30) was gazetted. SREP 30 rezoned 1,535 hectares of land on the site to permit a range of urban uses and a large area of regional parkland. The overall site comprises 6 development precincts including the Western Precinct, Central Precinct and South Dunheved Precinct in the Penrith LGA and the Eastern Precinct, Ropes Creek Precinct and North Dunheved Precinct in the Blacktown LGA.

On 29 September 2006, the Minister for Planning declared the Western Precinct to be a “release area” under the provisions of SREP 30. Since that time a Precinct Plan for the Western Precinct (WPP) and an accompanying Development Control Strategy (DCS) have been prepared to guide the future development of the Western Precinct. The WPP and DCS were adopted by Council at its Ordinary Meeting on 23 March 2009. The adopted WPP and DCS will together act much like a Development Control Plan (DCP) in the assessment of Development Applications for the precinct.

Site and Surrounds The St Marys Release Area comprises 3 development precincts, including the Western Precinct, Central Precinct and South Dunheved Precinct, part of the Wianamatta Regional Park and regional open space land. The release area is bordered by Ninth Avenue (Llandilo) to the north, the balance of the Wianamatta Regional Park in the Blacktown LGA to the east, the urban areas of St Marys, Werrington County, Werrington Downs and Cambridge Gardens to the south and The Northern Road to the west.

The Western Precinct, being the location of the Development Applications, is 229 hectares in area inclusive of the Xavier College site located at the north-western corner of the precinct fronting Ninth Avenue (Llandilo). The Western Precinct is bordered by Ninth Avenue and rural-residential development in Llandilo to the north, The Northern Road and residential development in Cranebrook to the west and the Wianamatta Regional Park to the south and east. The Western Precinct is zoned entirely for urban purposes and is intended to accommodate primarily residential uses, with limited non-residential uses such as local retail and commercial uses.

The Development Applications relate to the south-western corner of the Western Precinct adjacent to The Northern Road, approximately half way between Sherringham Road and

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Borrowdale Way. Refer to the Locality Plan at Appendix No. 1 for further details.

The Proposed Developments The proposed developments include the following aspects:

Stage 1A (DA09/0809)

• Subdivision of Lot 2 DP 1132380 to create 31 residential lots, 1 public reserve (known as the “Village Park”), 4 residue lots for future development, 2 super lots (including the balance of the Western Precinct and the remaining St Marys Release Area land) and new public roads • Construction of an entry collector road off The Northern Road, including a temporary intersection at The Northern Road • Construction of the new Village Park • Construction of internal local roads, including the roadway, pedestrian paths and street tree planting • Construction of a temporary stormwater detention and sediment control basin and provision of temporary piping connecting the basin to permanent stormwater infrastructure • Associated tree removal and earthworks

Stage 1B (DA09/0811)

• Subdivision of proposed residue Lot 1032 in Stage 1A to create 40 residential lots and new public roads • Construction of internal local roads, including the roadway, pedestrian paths and street tree planting • Associated tree removal and earthworks

Stage 1C (DA09/0812)

• Subdivision of proposed residue Lot 1034 in Stage 1A to create 38 residential lots and new public roads • Construction of internal local roads, including the roadway, pedestrian paths and street tree planting • Construction of a temporary stormwater detention and sediment control basin and provision of temporary piping connecting the basin to permanent stormwater infrastructure • Associated tree removal and earthworks

Refer to Attachment No. 4 for copies of the relevant plans for each stage submitted with the applications. A3 copies of the plans are provided under separate cover to Councillors.

Associated Reports

The Development Applications are accompanied by the following related reports:

• Statements of Environmental Effects – JBA Urban Planning Consultants • Flora and Fauna Assessments – Cumberland Ecology

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• Supplementary Flora and Fauna Report – Cumberland Ecology • Bushfire Protection Assessment – Eco Logical Australia • Interim Stormwater Management Strategy Report – J. Wyndham Prince • Traffic Impact Assessment – Halcrow MWT • Traffic Noise Assessment – Sinclair Knight Merz

Western Precinct and Village Centre Concept Plans

The Western Precinct Plan requires the preparation of indicative urban structure concept plans for the Western Precinct and its Village Centre to accompany the first Development Applications for subdivision. The concept plans are intended for information purposes only to provide the broader context for the initial Development Applications. Indicative concept plans for the Western Precinct and its Village Centre have been submitted to Council concurrently with the Development Applications. Refer to Appendix No. 2 for copies of the Western Precinct and Village Centre concept plans (Colour copies will be provided to Councillors under separate cover).

The Western Precinct and Village Centre concept plans are “working plans” which are subject to change as the detailed design process for the estate evolves. The plan does however set the foundations for the next series of Development Applications which are expected to be lodged with Council shortly. These applications include the following:

• An exhibition village on the western edge of the Village Centre • Extension of the entry collector road from Stage 1A and part of the connecting Village Centre main street • A sales and information centre (SIC) in the Village Centre main street which will be a landmark building situated at the terminus of the entry collector road • An estate entry feature with presentation to The Northern Road

Landscape Masterplan Strategy

The Western Precinct Landscape Masterplan Strategy has also been concurrently submitted with the Development Applications. This strategy is the next phase in the sequence of open space and landscape planning for the Western Precinct following Council’s adoption of the Western Precinct Landscape and Open Space Masterplan through the Precinct Plan process.

The Landscape Masterplan Strategy outlines the open space framework, desired direction for public domain character and presentation, public domain design principles for key public domain, green corridors and open space elements, as well as the preferred design and materials treatments for the Western Precinct. Council’s Landscape Architect has reviewed this document and is satisfied with the content of the strategy. The adoption of the strategy will occur at officer level as a separate process to the Stage 1A, 1B and 1C Development Applications. The development proposals are in accordance with the provisions of the Landscape Masterplan Strategy.

Planning Assessment The proposed developments have been assessed against the relevant heads of consideration contained in Section 5A, Section 79C and Section 91 of the Environmental Planning and Assessment Act 1979, and based on this assessment, the following issues have been identified

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1. Section 5A – Significant Effect on Threatened Species, Populations or Ecological Communities or their Habitats Flora and Fauna Assessments Under Section 5A of the Environmental Planning and Assessment Act 1979 (the Act), an assessment must be made as to whether a development proposal is likely to have a “significant effect” on any threatened species, populations or ecological communities or their habitats. Each application has been accompanied by a Flora and Fauna Assessment prepared by Cumberland Ecology in accordance with Section 5A of the Act. A Supplementary Flora and Fauna Report prepared by Cumberland Ecology was subsequently submitted to Council to provide additional information requested by Council’s independent flora and fauna consultant.

The Flora and Fauna Assessments identify the following ecological communities, threatened species and habitats within the Stage 1A, 1B and 1C study area:

• Cumberland Plain Woodland – Cumberland Plain Woodland (CPW) is an endangered ecological community under the Threatened Spices Conservation Act 1995 which is dominated by Grey Box Eucalypts (Eucalyptus moluccana) and Forest Red Gums (Eucalyptus tereticornis). CPW also contains a variety of other lesser known eucalypts as well as shrubs, grasses and herbs. Regrowth CPW occurs in small patches in the study area. These patches generally have a sparse understorey with exotic herb species occurring commonly in the ground cover and are separated by a mosaic of native and exotic grassland. The development proposals will result in the clearance of 4.1 hectares of CPW which comprises 1.6 hectares of structurally intact CPW and 2.5 hectares of derived native grasslands and regenerating CPW. Approximately 411.5 hectares of CPW will be retained in the Regional Park, although this figure is conservative as it is based on canopy cover only and does not include derived native grasslands • Juniper-leaved Grevillea - Juniper-leaved Grevillea (Grevillea juniperina subsp. juniperina) is a vulnerable threatened flora species under the Threatened Spices Conservation Act 1995 consisting of a broadly spreading to erect shrub. One large specimen and 15 smaller specimens of this species occur in the south-western corner of the study area. The development proposals will result in the clearance of these plants. The plants form part of a larger population which extends south along the western boundary of the Regional Park • Cumberland Land Snail – The Cumberland Land Snail (Meridolum corneovirens) is an endangered threatened fauna species under the Threatened Spices Conservation Act 1995 which appears similar to the familiar exotic Garden Snail. It differs most noticeably by its 25-30mm diameter shell which is always uniform in colour, flattened and very thin and fragile. A Cumberland Land Snail shell was detected in one patch of CPW that overlaps the edge of the study area. The development proposals will result in the clearance of a small amount of habitat immediately adjacent to the snail’s location. This habitat is likely to contain a subpopulation of the larger population in the Regional Park • Large-footed Myotis – The Large-footed Myotis (Myotis macropus) is a type of bat which is a vulnerable threatened fauna species under the Threatened Spices Conservation Act 1995. It has disproportionately large feet with widely-spaced toes

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which are distinctly hairy with long, curved claws. The study area contains a very small area of potential foraging habitat for the Large-footed Myotis in the form of transient ponds

In accordance with Section 5A of the Act, the Flora and Fauna Assessments include assessments of significance (otherwise known as “seven part tests”) to determine whether the development proposals are likely to have a “significant effect” on the identified ecological communities, threatened species and habitats. The outcomes of the assessments of significance are summarised below:

• Cumberland Plain Woodland – The extent, quality and connectivity of the CPW community conserved in the Regional Park is considered to be an adequate mitigation measure for the loss of CPW in the study area. The area of CPW that is proposed for removal has limited connectivity and is in a highly modified condition compared to the CPW conserved in the Regional Park. The removal of CPW from the study area is not considered to be a significant impact on the CPW community • Juniper-leaved Grevillea - Large numbers of this shrub occur in the Regional Park, with the minimum population estimated at 240,900. Although the 16 specimens occurring in the study area form part of a larger population which extends south along the western boundary of the Regional Park, removal of these plants will not affect the long-term viability of this larger population, which is adequately conserved within the Regional Park • Cumberland Land Snail – The Cumberland Land Snail is a fungivore and is restricted to areas where litter accumulates and breaks down quickly. The habitat for the Cumberland Land Snail in the study area is isolated from larger areas of habitat in the Regional Park. There is an existing risk that random weather events such as prolonged dry periods may cause extinction from the CPW patches in the study area. However large areas of connected habitat are available for the species in the Regional Park and therefore it should persist there in the long-term • Large-footed Myotis – The Large-footed Myotis is not dependent on habitat resources within the study area for its survival. The Regional Park provides extensive foraging and roosting habitat. These highly mobile species are able to fly over developed areas without restriction

In summary, Cumberland Ecology concludes in its assessments of significance that the development proposals are not likely to have a “significant effect” on the identified ecological communities, threatened species and habitats. While the development proposals will contribute cumulatively to the removal of woodland habitat and several specimens of the Juniper-leaved Grevillea, Cumberland Ecology does not consider this as constituting a significant impact in terms of Section 5A of the Act for the reasons described below:

The Regional Park was zoned by SREP 30 and contains the largest, best quality and most intact areas of Western Sydney endangered ecological communities across the SMP [St Marys Property]. At 900ha, it represents approximately 58% of the total area of the SMP and is considered the foremost mitigation measure for the development of the SMP. A suite of threatened flora species are well-represented in the Regional Park and habitat is also provided for threatened fauna species known and likely to occur in the SMP.

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Based on the findings contained in the assessments of significance, a Species Impact Statement is not required to assess the level of impact from the development proposals. CPW is also listed as an endangered ecological community under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The EPBC Act focuses on the protection of matters of National Environmental Significance (NES). Development proposals that are likely to have a significant impact on matters of NES must be assessed and approved under the EPBC Act. It is the responsibility of the proponent to consider whether a significant impact is likely and, if so, to refer the proposal to the Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA) for consideration under the EPBC Act.

Separate assessment and approval for the development proposals is not required under the EPBC Act. Assessment and approval under Commonwealth environmental law was granted to the entire St Marys development under the former Environment Protection (Impact of Proposals) Act 1974 (EPIP Act) prior to the gazettal of the EPBC Act. Correspondence from the former Environment Australia (now DEWHA) was provided to the applicant in July 2002 advising that despite the repeal of the EPIP Act and gazettal of the EPBC Act, no further Commonwealth approval would be required for the St Marys property. This certification was provided under the Environmental Reform (Consequential Provisions) Act 1999. Separate assessment of the St Marys site under the Australian Heritage Commission Act 1975 has also previously been undertaken by the Australian Heritage Commission.

Independent Peer Review In order to ensure that Council fulfilled its obligations under Section 5A of the Act, an independent flora and fauna consultant was engaged to undertake a peer review of the Flora and Fauna Assessments prepared by Cumberland Ecology. UBM Ecological Consultants were appointed by Council to undertake the independent peer review. This process initially involved Cumberland Ecology preparing a Supplementary Flora and Fauna Report to provide additional information requested by UBM.

UBM examined in detail the Flora and Fauna Assessments prepared by Cumberland Ecology, including an analysis of the methodologies, assessment and conclusions provided by Cumberland Ecology. UBM’s response to Council regarding these matters is detailed below:

UBM would agree that the removal of a small number of Grevillea juniperina ssp. juniperina and the removal of small fragmented areas of habitat for the Cumberland Land Snail is ‘not significant’.

Only one (1) Cumberland Land Snail shell was located. However, UBM notes that the field survey was carried out in hot, dry conditions, and as suitable Snail habitat is acknowledged by Cumberland to be present in the eastern part of the study area, we would suggest that prior to construction commencing, a targeted search should be carried out in suitable weather conditions, and that any live Snails found should be translocated to a similar habitat in the proposed Regional Park. DECCW may wish to comment on this, as a Translocation Strategy may be required. The previous Flora and Fauna Assessment (Cumberland, August 2009) stated that 1.9 hectares of Cumberland Plain Woodland (CPW) would be removed as part of the Proposal. Reassessment by Cumberland following recent field survey has increased this area to 4.1 hectares, with 2.5 hectares of this being ‘derived grasslands’- as per the Preliminary Determination of CPW as ‘critically endangered’.

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Recommendations:

1. A number of field surveys have been undertaken for the St Marys Property by Cumberland Ecology (2007, 2008 2009a, 2009b), and prior to these surveys, by a number of other workers.

However, given the length of time which has elapsed since field surveys were undertaken in other parts of the St Marys Property and in the Western Precinct in particular, and given that recent survey by Cumberland (November 2009) has identified significant areas of regrowth vegetation, UBM recommends that for all future development applications, updated field surveys should be carried out in the relevant subject area(s), and that the necessary assessments of significant should be based on updated and current information.

2. UBM also recommends that depending on the outcomes of appropriate targeted searches, a Translocation Strategy should be prepared for the Cumberland Land Snail.

The recommendation provided by UBM requiring a targeted search and translocation strategy (if necessary) for the Cumberland Land Snail prior to the commencement of construction works is recommended to be suitably conditioned (see Special Condition 2.2). The applicant will be advised as part of future pre-lodgement discussions for subsequent development proposals that future Flora and Fauna Assessments will need to include updated field surveys and modified assessments of significance reflecting this additional field work.

2. Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument Sydney Regional Environmental Plan No. 30 – St Marys Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30) is the main statutory planning framework document for the entirety of the St Marys Release Area. It includes zoning, zoning objectives, and special provisions to control development and provides the process for land release and the approval of precinct plans. The overarching aim of SREP 30 is to provide a framework for the sustainable development and management of the entire St Marys site.

SREP 30 is accompanied by the St Marys Environmental Planning Strategy 2000 (EPS) which identifies the aims for the future use and management of the St Marys site and sets out specific performance objectives and strategies to address key planning issues, including conservation, cultural heritage, water and soils, transport, urban form, energy and waste, human services, employment and remnant contamination risk. The St Marys EPS identifies actions to be undertaken by local and State governments, as well as the obligations of developers. The Precinct Plan and Development Control Strategy (DCS) for the Western Precinct address the requirements of the St Marys EPS and incorporate development objectives and typical planning and design principles and guidelines for the Western Precinct, as discussed later in this report.

The land subject to the proposed works is zoned Urban under SREP 30. The proposed subdivisions and related works are a permissible form of development with the consent of

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Council under Clause 40(2) and Clause 45 of SREP 30. The proposed developments are consistent with the aims and objectives of the REP. The particular objectives of the Urban zone are as follows:

(a) to ensure that buildings and works within the zone are primarily used for residential purposes and associated facilities, and

The proposed developments involve residential subdivision works and related works for associated facilities (e.g. Village Park).

(b) to limit the range and scale of non-residential uses to ensure that they are compatible with residential amenity and primarily serve local residents, and

The proposed Village Park has been located and designed to ensure it is compatible with the surrounding residential amenity and will primarily serve local residents.

(c) to provide for local retailing and related services, including supermarkets, which will complement established centres in the Blacktown City and Penrith City local government areas and not have a significant adverse effect on the viability of established retail centres, and

Not applicable.

(d) to provide for medium density residential development in locations which provide optimum access to employment, public transport and services, while ensuring residential amenity, and

Not applicable.

(e) to promote home based industries where such activities are unlikely to adversely affect the living environment of neighbours, and

Not applicable.

(f) to ensure that development adjacent to the Regional Park zone does not have a negative impact on biodiversity or conservation within that zone.

The proposed developments will not have a negative impact on biodiversity or conservation in the Regional Park.

As outlined above, the proposed developments satisfy each of the relevant objectives of the Urban zone.

There are several special provisions contained in SREP 30 which seek to control development on the St Marys site. These provisions are considered below: • Clause 20 – The consent authority must be satisfied that proposed developments are consistent with the applicable zone objectives and performance objectives (relating to conservation, cultural heritage, water and soils, transport, urban form, energy and waste, human services, employment and remnant contamination risk). The consent authority must also consider the development control strategies contained in the EPS,

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the applicable Precinct Plan and any relevant Development Agreements. The development proposals suitably satisfy each of these matters • Clause 44 – Consultation with the Department of Environment, Climate Change and Water (DECCW) is required regarding development proposals adjoining the Regional Park. The Development Applications were referred to DECCW and no comments were received within the prescribed period of 28 days. It is therefore presumed that DECCW has no objections or requirements in relation to the development proposals • Clause 51 – A detailed salinity assessment is required for development proposals. This assessment was undertaken as part of the Western Precinct Plan and the recommendations arising from this assessment have been suitably conditioned by Council’s Development Engineer • Clause 52 – This clause requires approval for tree removal. A total of 117 existing trees are proposed for removal as part of the development proposals. A total of 51 existing trees will be retained on the site primarily in the Village Park. The extent of proposed tree removal is considered negligible relative to the extensive tracts of high quality bushland that will be conserved within the Regional Park and also in consideration of the proposed street tree planting and Village Park planting • Clause 60 – Suitable arrangements must be made for the adequate supply of utilities. Consultation with utility service providers was undertaken in the preparation of the Western Precinct Plan and by the applicant in relation to the development proposals. Adequate provision has been made for the supply of water, sewerage, electricity and gas to the estate

The development proposals are 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 development proposals will ultimately be directed to Council’s stormwater drainage system. On-site detention and erosion and sediment control for Stage 1A, 1B and 1C will be managed via two temporary stormwater detention and sediment control basins. The temporary basins will maintained by the applicant until implementation of the permanent lake system. The lake system will provide water quantity and quality control for the Western Precinct and will be subject to consideration as part of a separate Development Application to be lodged with Council in the near future. The exact timing for the construction of the lake system is to be negotiated between the applicant and Council.

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Council’s Development Engineer has reviewed the development proposals with regard to stormwater drainage and is satisfied with the stormwater quality and quantity aspects of the proposals. Council’s Development Engineer has provided conditions that should be applied to the development proposals in relation to stormwater quality and quantity.

The St Marys site has been subject to extensive contamination investigations and where necessary remediation works throughout the 1990s. The objectives of the investigation and remediation program were to assess the nature and degree of chemical contamination and/or identify any potentially explosive ordnance to allow the remediation of the site to a level where it was suitable for redevelopment for a variety of uses. The former Environment Protection Authority (EPA), now DECCW, has been involved throughout this process and an EPA accredited Site Auditor has issued Site Audit Statements for the St Marys site under the Contaminated Land Management Act 1997. The majority of the site has now been validated for residential and other sensitive land uses through these Site Audit Statements.

For the purposes of the remediation and validation, the St Marys site was divided into nine sectors. The Western Precinct includes the following sectors and associated Site Audit Statements (SASs):

• Part Western Sector – SAS CHK001/1 • Part Southern West Sector – SAS CHK001/1, SAS CHK001/6 and SAS CHK001/7

The information presented in the remediation and validation reports for these sectors has been used to develop a Contamination Management Plan (CMP) for the Western Precinct. The majority of the Precinct has been assessed by the Site Auditor to pose a negligible risk to the public or the environment with regard to chemical contamination or explosive ordnance. Areas under retained roads and building footprints which have not yet been addressed by the SASs will require future investigation and assessment. There no areas within this category contained within the Stage 1A, 1B and 1C sites.

The CMP aims to ensure the appropriate management of any sub-surface contamination that may be encountered during works in the Western Precinct. The CMP was adopted by Council as part of the Western Precinct Plan. The CMP outlines the measures to be undertaken should contamination and/or explosive ordnance material be uncovered during the proposed works. The development proposals will be carried out in accordance with the procedures set out in the CMP and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct. It is recommended that this matter be reaffirmed through a suitable condition (see Special Condition 2.3).

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State Environmental Planning Policy (Infrastructure) 2007 Clause 102 of State Environmental Planning Policy (Infrastructure) 2007 includes provisions to ensure that noise sensitive development proposed in or adjacent to certain road corridors is not adversely affected by road noise or vibration. These road corridors include freeways, tollways, transitways or any other roads with an annual average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data published on the RTA website) and that the consent authority considers is likely to be affected by road noise or vibration. Before determining noise sensitive development that is likely to be affected by road noise or vibration, consent authorities must take into account the Department of Planning’s guidelines for “Development near rail corridors and busy roads: Interim guideline”.

Based on the current traffic volume maps available on the RTA website, The Northern Road in this location has an annual average daily traffic volume of less than 20,000 vehicles. Therefore assessment of the proposals under the provisions of Clause 102 and the Department’s noise and vibration guidelines is not technically warranted at this stage. However in recognition of the future road upgrades planned for The Northern Road, the applications have been accompanied by a Traffic Noise Assessment prepared by Sinclair Knight Merz (SKM). This assessment report provides an assessment of noise levels from traffic on The Northern Road and resultant impacts to future dwellings in Stage 1A, 1B and 1C and to sensitive noise receivers, including dwellings, to the west of The Northern Road. The assessment considered existing noise levels and potential future noise levels based on projected increases in traffic volumes to 2021.

The Traffic Noise Assessment recommends the following mitigation measures to ensure the developments satisfy the relevant noise control guidelines:

• Implementation of technical measures in the construction of future dwellings on allotments with frontage to The Northern Road (i.e. Lot 1001, Lots 1015 to 1018, Lot 1031 and Lots 1057 to 1060). These technical solutions may include locating non-habitable rooms on the road side of dwellings, ceiling and wall insulation, acoustic/thermal seals on windows, double glazing, acoustically rated doors, sealing exterior wall penetrations, applying weather strips to exterior doors and provision of air conditioning to allow windows and doors to remain closed • Provision of a 3m high acoustic barrier wall to the western (side) boundary of Lot 1031 and Lot 1057

The recommended technical construction measures listed above will negate the provision of an acoustic barrier wall to the majority of the Stage 1A, 1B and 1C frontage to The Northern Road. However in the case of Lot 1031 and Lot 1057, the side boundaries of these allotments abut The Northern Road meaning that the additional measure of a 3m high acoustic barrier wall is required to the western (side) boundary of these allotments. The north-south orientation of these allotments means that the amenity to the future open space on these allotments will be maintained. The acoustic barrier walls will be suitably screened via dense landscaping.

The recommended technical construction measures will need to be tailored to individual dwelling designs. Therefore the linen plans of subdivision will be required to be supported by a positive covenant in accordance with Section 88B of the Conveyancing Act 1919 requiring that future dwellings on Lot 1001, Lots 1015 to 1018, Lot 1031 and Lots 1057 to 1060 be designed to achieve internal noise levels which do not exceed 55dB(A) during the day (7am

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Ordinary Meeting 30 November 2009 A Green City to 10pm) and 50dB(A) at night (10pm to 7am). Certification that the dwelling designs achieve these criteria shall be certified by a suitably qualified Building Assessor. This matter and the requirement for the acoustic barrier wall are recommended to be suitably conditioned (see Special Conditions 2.4 and 2.5).

The Traffic Noise Assessment also recommends that when The Northern Road achieves 2021 traffic volumes (i.e. an annual average daily traffic volume increase of 14,000 vehicles), low mounding on the eastern side of The Northern Road and a 3m high acoustic barrier wall on the western side of The Northern Road will be required. However the developments will not trigger the road traffic noise criteria related to the 2021 traffic volumes. As such these additional noise attenuation measures will not be required until the upgrade of The Northern Road has been undertaken.

Council’s Environmental Health Department has reviewed the proposed developments with regard to noise impacts and is satisfied with the findings and recommendations of the Traffic Noise Assessment.

3. Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Western Precinct Plan and Development Control Strategy The Western Precinct Plan and Development Control Strategy (DCS), being much like a Development Control Plan (DCP) that is to be used by Council in its assessment of Development Applications, provides the parameters to ensure that future development within the Western Precinct achieves the performance objectives of SREP 30, as well as those contained in the St Marys EPS. The proposed developments are in accordance with the relevant development objectives and typical planning and design principles and guidelines for the Western Precinct. The key planning and design principles relevant to the development proposals are considered below.

Section 4.3 Future Character Areas

The development proposals extend across three different character areas: the Urban Area/Neighbourhood Character Area, the Village Centre Character Area and The Northern Road Interface. The vision for each of these character areas are summarised below:

• Urban Area/Neighbourhood Character Area – The Urban Area will have the characteristics of a well designed residential neighbourhood based on the traditional neighbourhood structure of a public space or neighbourhood park at its heart. The quality of the public realm with tree lined streets and a diverse range of housing types will also help define the characteristics of the Urban Area. This character will respond to the natural attributes of the site and in particular, through the layout of streets and parks, will have a strong connection to the Regional Park. The street structure will be a modified grid form with a clear hierarchy expressed through street and verge widths, landscaping and the level of pedestrian amenity. Indigenous and cultural tree planting will be a key characteristic in streets and parks while links (physical and visual) to riparian corridors and the Regional Park will ensure the landscape characteristics of the site are drawn into the neighbourhoods • Village Centre Character Area – The Village Centre Character Area forms the heart of the Western Precinct and will provide a vibrant mixed-use village centre within easy access of the surrounding residential neighbourhoods. The focus of the village

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centre will be a main street containing a mix of retail, commercial, community and education facilities serving the local population. The ground floor may accommodate shops, offices, markets, restaurants, cafes and community uses to create a lively pedestrian oriented urban environment, with upper level residential and office uses housed in two to four storey (up to six storeys for apartments) buildings oriented to the street. Education, community and employment uses will also be a key element in the fabric of the village centre. Residential opportunities within the village centre will be varied with apartments, attached houses, warehouse housing, shop-top housing and some semi-detached and detached housing proposed to serve a broad spectrum of the community. The design of the village centre will encourage a high degree of social interaction and activity in the public domain • The Northern Road Interface – The Northern Road Interface will partially comprise residential development which may require alternate design solutions subject to detailed noise assessment at DA stage. The results of such assessment may require solutions for landscape treatment, setbacks, road layout, frontages, lot sizes, acoustic attenuation both on the lot and dwelling and potential measures such as earth mounding/acoustic barriers. This area will comprise a range of attached, semi- detached and detached dwellings, one to two storeys in height. The area is also proposed to contain open space uses. Key considerations will be the visual qualities along The Northern Road corridor and of the proposed subdivision, pedestrian connectivity and connections to surrounding residential areas and potential views from The Northern Road into the site. The interface with existing residential development along The Northern Road in Cranebrook will also be considered, as will the identification of clear and logical entry points to the site

Based on the various components of the developments proposals as discussed in this report, the development proposals are in accordance with the preceding character area visions. While the proposed mix of lot types does not include provision for apartments, attached houses, warehouse housing, shop-top housing and semi-detached housing as envisaged for the Village Centre Character Area, the proposed detached housing lots vary in size and lot width in a sufficient manner to facilitate the desired mix of housing types and density. The applicant has identified possible locations in the other parts of the Village Centre Character Area where there will be ample opportunities to deliver this housing stock which could range in height from two to four storeys (up to six storeys for apartments).

Section 4.4 Subdivision Layout Principles

The development proposals are in accordance with the desired subdivision layout principles, including provision of a permeable modified grid street system and a subdivision layout which provides for housing diversity and mix.

Section 4.5 Dwelling Density

The overall net neighbourhood density target for the St Marys site is 15 dwellings per hectare. The development proposals are in accordance with this density target as detailed in the table below.

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Stage Lot Numbers Total Site Area Density (Dwellings (Hectares) Per Hectare) Stage 1A 31 2.046 15.15 Stage 1B 40 2.373 16.86 Stage 1C 38 2.375 16.00 Total 109 6.794 16.04

Section 5.2 Street Types

The proposed road types and cross-sections are in accordance with the minimum provisions of the Development Control Strategy. Council’s Development Engineer is satisfied with this aspect of the development proposals.

Section 5.5 Concept Plans

The Western Precinct Plan requires the preparation of an indicative urban structure concept plan for the Western Precinct to accompany the first Development Applications for subdivision. The concept plan is intended for information purposes only to provide the broader context for the initial Development Applications. An indicative concept plan for the Western Precinct has been submitted to Council concurrently with the Development Applications. The concept plan is required to provide indicative information relating to the following:

• Road layout and subdivision pattern • Pedestrian and cycle network • Open space network • Location and type of non-residential uses • Development staging

Refer to Appendix No. 2 for a copy of the Western Precinct concept plan.

Section 5B Built Form and Housing

Each of the allotments in the proposed subdivisions is in accordance with the minimum criteria for subdivision under the Development Control Strategy. The following table is provided as a summary of the proposed subdivisions.

Detached Housing Detached Housing Stage Total Lots 270m2 to 500m2 Lots 501m2 to 999m2 Stage 1A 22 9 31 Stage 1B 33 7 40 Stage 1C 26 12 38 Total 81 28 109

The proposed residential allotments range in size from 281m2 to 684m2. The proposed lot depths are typically 30m and the proposed lot widths range in size from 10m to 26.8m. Future dwellings on narrower allotments will be constructed with a zero side setback on one side boundary.

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The applicant is committed to providing a quality residential environment that will set new standards for community living. A Design Coordinator will be established to assist purchasers and builders in the process of designing their home and obtaining approvals. The vision for the estate is for the housing to reflect modern Australian style. Houses that are of a modern Australian style utilise a mix of building materials and use articulation to break down overall bulk and scale. Examples of articulation include verandahs, porticos, balconies, bay windows, recesses for stairs and roof details such as gable ends. Modern Australian houses also use simplified decorative elements.

The above principles will be conveyed to purchasers and builders through Building and Siting Guidelines (BSGs). These guidelines will be tied to contracts for sale and will provide guidance regarding site planning and design, building materials and colours, fencing and landscaping. All dwelling designs will need to be endorsed by the Design Coordinator prior to lodgement of applications for dwelling construction. This process is intended to ensure that quality housing forms will be achieved throughout the estate. It will be necessary for the applicant to submit a copy of the BSGs for Stage 1A, 1B and 1C prior to the issue of a Subdivision Certificate. It is recommended that this matter be suitably conditioned (see Special Condition 2.6).

Penrith Development Control Plan 2006 The development proposals are in accordance with the relevant provisions of Penrith Development Control Plan 2006. Not all provisions of this DCP are applicable to the Western Precinct based on overriding provisions contained in the Precinct Plan and Development Control Strategy. The relevant provisions have previously been considered in this report in discussions relating to the applicable environmental planning instruments.

4. Section 79C(1)(a)(iiia) – The Provisions of any Planning Agreement St Marys Penrith Planning Agreement The St Marys Penrith Planning Agreement was executed on 19 December 2006 by the co-signatories Penrith City Council, St Marys Land Limited and Lend Lease Development Pty Ltd. At this time the Planning Agreement only related to development within the South Dunheved Precinct and required the provision of local transport works, local open space works and water quality basins. A Deed of Variation to the Planning Agreement was subsequently executed on 12 May 2009 to include provisions relating to the development of the Western and Central Precincts, including provision of local open space works, human services works, a central park and related facilities (as part of the regional open space land) and passive recreation elements in the Regional Park.

The Planning Agreement is the principal means for identifying infrastructure requirements, facilities and services which will be delivered for the incoming community. The Planning Agreement identifies proposed work schedules, delivery timing and contributions for the Western and Central Precincts. The works and contributions relevant to the Western Precinct include:

• Delivery of a district park (5.5 hectares), neighbourhood park (2.5 hectares), local park (1 hectare), four pocket parks (3.1 hectares), four open space corridors (3.53 hectares) and a pedestrian and cycle path network

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• Delivery of a multi-purpose community resource centre, temporary neighbourhood centre, library contribution, community initiatives fund, funding for a community development worker and a community bus • Undertaking of works and payment of a contribution to a combined value of $11,705,850 for the establishment of district open space in accordance with Council’s adopted City-wide District Open Space Development Contributions Plan. This plan identifies the opportunity for the establishment of a multi-sports facility located adjacent to the Central Precinct for which the applicant will contribute works to the value of $6,834,000 for the establishment of this facility. This will be required within 12 months from the issue of development approval for the 500th residential lot in the Central Precinct. The balance of the funds, which will be in the form of a monetary contribution, can potentially be available for the establishment of district open space facilities elsewhere in the City. The initial component of this contribution ($1,400,000) will be required following development approval of the 1,000th lot in the Central and Western Precincts combined • Payment of a contribution of $486,400 for cultural facilities development in accordance with Council’s adopted City-wide Cultural Facilities Development Contributions Plan. The initial component of this contribution (50%) is due for payment upon the issue of the Occupation Certificate for the 1,000th dwelling in the Western Precinct • Payment of a contribution of $20,000 towards studies to determine characteristics and needs and preferences of the community

The current applications include provision for a pocket park (Village Park) of 0.7425 hectares and the relevant parts of the pedestrian and cycle path network in accordance with the provisions of the Planning Agreement. Ongoing management, maintenance and dedication requirements for the Village Park will be suitably conditioned as part of the development consent for the Stage 1A proposal (see Special Condition 2.7). The provision of public roads and stormwater management infrastructure will also be conditioned as part of the development consents for the proposals. The remaining works and contributions will be provided as the Western Precinct is progressively developed.

The St Marys Development Agreement dated 13 December 2002 is also in place between the applicant and the State Government. This Development Agreement relates to the entire St Marys site and includes provisions for works, dedications and contributions regarding the regional park, regional open space, regional transport and road infrastructure and affordable housing.

It is recommended that advisory conditions be imposed reminding the applicant of the obligations under the St Marys Penrith Planning Agreement and the St Marys Development Agreement (see Special Conditions 2.8 and 2.9).

5. Section 79C(1)(a)(iv) – The Provisions of the Regulations There are no fire safety matters applicable to the development proposals under the Environmental Planning and Assessment Regulation 2000.

6. Section 79C(1)(b) – The Likely Impacts of the Development Context and Setting The development proposals are consistent with the existing character of other development in

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the surrounding suburbs. The proposals are compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area. The proposals will have no adverse impacts on the natural environment.

Access, Transport and Traffic Access to the development proposals will be via an intersection between The Northern Road and the proposed entry collector road (Road No. 1). Refer to the road layout plan at Appendix No. 3 for further details. The Stage 1A application seeks consent for the construction of a temporary intersection to provide access until such time as the full scope of works for The Northern Road upgrade is completed. A permanent intersection will be constructed as part of future upgrades to The Northern Road.

Council’s Traffic Engineer has reviewed the proposed developments with regard to access, transport and traffic and has provided the following comments:

The subdivision proposes a temporary access to The Northern Road. It should be noted that future subdivisions may trigger the predetermined signalised intersection upgrades along The Northern Road. (See St Marys TMS and Development Agreement, Part 3.) It would be prudent to place a condition/clause on the present application so that any future development triggers the necessary intersection upgrades.

In principle I support the residential subdivision on traffic grounds as the trip generation from the subdivision can be absorbed by the surrounding road network. The additional 82 vehicle trips per peak hour can be accommodated by the proposed temporary intersection treatment to The Northern Road.

The proposed shared path must be constructed in accordance with Council’s DCP along the main access road leading into the subdivision (Road No. 1). Furthermore a condition should be placed on the development requiring a temporary pedestrian/cyclist refuge island to connect to the shared pathway on the eastern side of The Northern Road.

Adequate provision of pedestrian and cyclist cross over points must be provided in Road No 1. This may be in the form of a pedestrian/cyclist refuge island or median cut-out.

There are no indicative bus stop positions; these should be highlighted on the subdivision plan.

Where required, Council’s Development Engineer has incorporated the matters raised by Council’s Traffic Engineer into suitable conditions.

Public Domain Proposed public domain works include street tree planting and construction of the Village Park as part of Stage 1A. The proposed street tree planting is comprised of three tree species including turpentine, weeping lily pily and tuckeroo. The proposed Village Park includes a children’s playground, picnic facilities, shade structures and public art elements. Separate approval will be required in relation to the proposed shade structures and public art elements as separate plans and details of these structures were not provided with the Stage 1A

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application. This matter is recommended to be suitably conditioned (see Special Condition 2.10). Council’s Landscape Architect has reviewed the proposed public domain works and is satisfied with this aspect of the development proposals subject to conditions (see Special Conditions 2.11 and 2.12).

A detailed landscape plan relating to the Village Park will also be required prior to the issue of a Construction Certificate. This matter is also recommended to be suitably conditioned (see Special Condition 2.13). Ongoing management, maintenance and dedication requirements for open space and landscape treatments are outlined in the Landscape Maintenance and Handover Plan adopted by Council as part of the Western Precinct Plan.

Decorative open-style fencing with associated landscaping will be required to the rear of Lots 1099 to 1105 in Stage 1C as these allotments will abut the Village Park. Similar fencing will also be required to the rear of Lots 1051 to 1057 in Stage 1B as these allotments will abut the entry collector road and to the secondary frontage of Lots 1080, 1081 (Stage 1B) and 1098 (Stage 1C) as the side boundaries of these allotments will address the Village Centre. The rear and side fencing to these allotments will also need to ensure an appropriate level of privacy is afforded to future residents of these allotments.

Future dwellings on these allotments will also be required to appropriately address the Village Park, the entry collector road and Village Centre to ensure adequate natural surveillance and a suitable aesthetic appearance when viewed from these public areas. An increased secondary setback for dwellings of 3.4m will also be required for Lots 1099 and 1105 to maintain vistas to the park when approaching from the east. The preceding matters are recommended to be suitably conditioned (see Special Conditions 2.14 to 2.16).

Aboriginal Archaeology The management of Aboriginal archaeology on the site is to be undertaken in accordance with approvals that have been issued by the Department of Environment, Climate Change and Water (DECCW) under Section 87 and Section 90 of the National Parks and Wildlife Act 1974. Salvage excavation work is ongoing on the site in accordance with these existing consents, with much of the salvage work having been completed. Clearance reports will be submitted to DECCW allowing for development works to commence on sites at which salvage works are complete. The potential for future development of the site to result in impacts to Aboriginal archaeological significance has been thoroughly addressed and as such no further impacts will result from the proposals.

Salinity The Soil and Water Management Plan forming part of the Western Precinct Plan includes recommended strategies to be implemented to address potential soil salinity issues should they occur. Specific measures to prevent the proposed developments resulting in increased soil salinity are to be implemented on the site and are detailed on the submitted engineering plans. These measures are consistent with Precinct Plan recommendations and aim to reduce rainwater infiltration in locations at which recharging of the water table is likely to result in saline minerals rising up through the soil (e.g. minimising excavation works involving cut, use of salt-resistant piping materials and lining of stormwater basins with appropriate clay or synthetic lining to prevent leakage into the groundwater system).

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Bushfire Risk The land within the initial stages of the Western Precinct is bushfire prone land. The applications have been accompanied by a Bushfire Protection Assessment prepared by Eco Logical Australia. The Bushfire Protection Assessment provides a review of the subdivision proposals in relation to the measures contained in the Bushfire Protection Assessment adopted by Council as part of the Western Precinct Plan.

The proposed bushfire protection measures for the Stage 1A, 1B, and 1C subdivisions are as follows:

• A minimum 16m Asset Protection Zone (APZ) is to be provided along the southern boundary with the Regional Park • Temporary staging APZs are to be provided on all other boundaries (except the western boundary along The Northern Road) for a distance of at least 100m from the proposed allotments, or to the Regional Park boundary, to ensure building construction standards for future dwellings are related to the proximity to bushland in the Regional Park and not the disturbed woodland within the Western Precinct which may be removed in future stages. The 100m APZ is not to apply to riparian corridors or other internal remnant bushland to be retained or created within future stages • All APZs are to be established and maintained in accordance with the fuel management specifications contained in the Planning for Bush Fire Protection (PBP) Guidelines (2006) • Public roads, reticulated water, fire hydrants, electricity and gas are to comply with the relevant provisions contained in the Planning for Bush Fire Protection (PBP) Guidelines (2006)

The NSW Rural Fire Service (RFS) has assessed the development proposals and has issued Bush Fire Safety Authorities for each proposal pursuant to the Rural Fires Act 1997, subject to General Terms of Approval (GTAs).

Social and Economic Impacts The proposed developments represent a significant commencement toward the creation of a new greenfield master planned estate in the City of Penrith. The proposed developments will not only provide major social and economic benefits to the wider community but also to the future residents of the estate.

7. Section 79C(1)(c) – The Suitability of the Site for the Development The site attributes are conducive to the development proposals. The proposals have been designed in a manner consistent with the character of the locality.

8. 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 proposed developments were advertised in the local newspapers and notified to the owners and occupiers of adjoining and nearby properties. The extent of notification was extensive in recognition of the significant public interest in the St Marys site over a number of years. The extent of notification is consistent with the public consultation undertaken for the now adopted Precinct Plans for the Western and Central Precincts.

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Notification letters were sent to property owners and residents in the surrounding suburbs of Llandilo, Cranebrook, North Penrith, Cambridge Gardens, Werrington Downs and Werrington County.

The exhibition period for the proposals was from 9 September to 23 September 2009. Council notified 8,463 property owners and occupiers in the surrounding area and received 12 public submissions in relation to the proposals. The issues raised in the submissions related to traffic impacts, including the capacity of The Northern Road to cater for the development proposals, flora and fauna impacts and concerns regarding the availability of utility services and other infrastructure to the site. These matters have been duly considered as part of this report.

Internal Referral Comments The table below summarises the results of internal referrals in relation to the proposals:

Referrals Comments Building Surveyor No objection, subject to conditions. Development Engineer No objection, subject to conditions. Note that several conditions are new standard conditions which are still to be formally adopted by Council. A review of Council’s Standard Conditions Policy is currently being undertaken by the Development Services Department. Environmental Health No objection, subject to conditions. Landscape Architect No objection, subject to conditions. Parks Construction and Maintenance No comments received. Sustainability and Planning No comments received. Traffic Engineer No objection, subject to conditions.

9. Section 79C(1)(e) – The Public Interest The site is suitable for the proposed developments. Residential subdivisions are permissible in the Urban zone and the proposals meet the aims and objectives of the relevant environmental planning instruments. The proposed developments are likely to improve the overall appearance of the site.

The properties in the immediate vicinity of the site were notified of the development proposals. In considering the issues raised in the submissions received by Council, it is unlikely that the proposed developments will adversely impact on adjoining properties, subject to recommended conditions of consent.

10. Section 91 – What is “Integrated Development”? The development proposals are classified as “Integrated Development” pursuant to Section 91 of the Environmental Planning and Assessment Act 1979, since concurrent approval for the development proposals is required from the NSW Rural Fire Service (RFS) in relation to development of land identified as bush fire prone, pursuant to the Rural Fires Act 1997. The RFS has assessed the development proposals and has issued Bush Fire Safety Authorities for each proposal pursuant to the Rural Fires Act 1997, subject to General Terms

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of Approval (GTAs).

The development proposals were also lodged as Integrated Development under the Roads Act 1993, however the Roads and Traffic Authority (RTA) has advised that as Council is the consent authority for the proposals they are not Integrated Development. The RTA assessed the development proposals and raised no objections to the proposals subject to the inclusion of several conditions. These conditions are recommended to be suitably conditioned (see Special Conditions 2.17 and 2.18). Conclusion The proposed developments are in accordance with the relevant provisions of the environmental planning instruments, Precinct Plan, Development Control Strategy and DCP pertaining to the land. Subject to the recommended conditions, the proposed developments are unlikely to have a negative impact on the surrounding environment. The concerns raised by the submitters are acknowledged, however, on balance, the proposed developments are considered to be satisfactory and the grounds of objection are not considered sufficient to justify refusal of the Development Applications. The proposed developments represent a significant commencement toward the creation of a new greenfield master planned estate in the City of Penrith. The proposed developments will not only provide major social and economic benefits to the wider community but also to the future residents of the estate.

The proposed developments have been assessed against the relevant heads of consideration contained in Section 5A, Section 79C and Section 91 of the Environmental Planning and Assessment Act 1979 and have been found to be satisfactory. The site is suitable for the proposed developments and the proposals are in the public interest. The proposals are therefore worthy of Council’s support.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be received. 2. Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be approved subject to the following conditions: Standard Conditions (Apply to all applications) 2.1 A001 Approved plans A005 Integrated approval authority’s consent A042 Asset protection zones in bush fire areas A044 Compliance with NSW Rural Fire Service GTAs A046 Obtain Construction Certificate before commencement of works

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B004 Dust B005 Mud/soil C003 Uncovering relics D001 Sediment and erosion control measures D002 Spray grass D005 No filling without prior approval D06A Validation of fill material D010 Appropriate disposal of excavated or other waste D013 Traffic noise and acoustic report D014 Plant and equipment noise G001 Installation of services and service clearances G002 Section 73 G004 Integral Energy clearance H01F Stamped plans and erection of site notice H002 Provision of site facilities prior to commencement of construction works H012 Site classification H041 Hours of construction work I003 Roads Act approval K001 Engineering Construction Certificate K009 On-site detention K035 Street signs K036 Maintenance bond K039 Road safety audit K040 Line marking and signposting K041 Road works K042 Undergrounding of services K043 Filling and earthworks K044 Service lead-ins K045 Works-as-executed plans for engineering works K046 Inspection report K047 Satisfactory completion of engineering works K048 Works-as-executed plans for on-site detention, stormwater treatment and overland flow K049 Restriction and positive covenant for on-site detention, stormwater treatment and overland flow

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K050 Conditions checklist to accompany Subdivision Certificate documentation K051 Maintenance of on-site detention and sediment and erosion control 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 L009 Tree preservation order M001 Prior to subdivision work M007 Street lighting M008 Linen plan M009 88B Instrument M011 Soil testing M013 Street trees M014 Surveyors Certificate P001 Costs P002 Fees associated with Council land Q001 Notice of commencement and appointment of PCA Q008 Subdivision Certificate Special Conditions (apply to all applications unless specified) 2.2 Prior to the issue of a Construction Certificate, a targeted search of the site for the Cumberland Land Snail shall be undertaken and appropriate documentation shall be submitted and approved. This field work shall be undertaken and documented by a suitably qualified ecological consultant. If necessary, a translocation strategy prepared by the ecological consultant for the Cumberland Land Snail shall be submitted, approved and implemented prior to the issue of a Construction Certificate. Preparation of the translocation strategy shall include consultation with the Department of Environment, Climate Change and Water (DECCW) 2.3 The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct 2.4 The linen plan of subdivision is to be supported by an 88B instrument in accordance with Section 88B of the Conveyancing Act 1919 creating a positive covenant requiring that future dwellings on

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Lot 1001, Lots 1015 to 1018, Lot 1031 and Lots 1057 to 1060 be designed to achieve internal noise levels which do not exceed 55dB(A) during the day (7am to 10pm) and 50dB(A) at night (10pm to 7am). Certification that dwelling designs achieve these criteria shall be certified by a suitably qualified Building Assessor. Council shall be nominated as the only authority permitted to modify, vary or rescind such positive covenant (DA09/0809 and DA09/0811 only) 2.5 A 3m high acoustic barrier wall with associated landscaping shall be provided to the western (side) boundaries of Lot 1031 and Lot 1057. Detailed plans and specifications shall be submitted and approved prior to the issue of a Construction Certificate. The fencing and associated landscaping works shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0809 and DA09/0811 only) 2.6 Building and Siting Guidelines (BSGs) for Stage 1A, 1B and 1C shall be submitted and approved prior to the issue of a Subdivision Certificate. The BSGs shall provide guidance to purchasers and builders regarding site planning and design, building materials and colours, fencing and landscaping to ensure quality housing forms will be achieved throughout the estate 2.7 The Village Park nominated in Stage 1A DA09/0809 (Village 1 Local Park) shall: • Be landscaped and embellished in accordance with the Village Park Concept Plan, Annexure 4A1 and 4B1 of the St Marys Penrith Agreement (as varied by Deed of Variation dated 19 May 2009) and Volume 2 (Landscape Maintenance and Handover Plan) of the Western Precinct Plan • Be dedicated to Council at no cost to Council. The dedication should occur in accordance with Annexure 4A1 and 4B1 of the St Marys Penrith Planning Agreement (as varied by Deed of Variation dated 19 May 2009) • Be maintained by the landowner (Delfin Lend Lease) for a period of 12 months prior to the handover to Council in accordance with Section 2.2(f)of the Landscape Maintenance and Handover Plan • Be handed over to Council at the completion of the contract maintenance period and the inspection of works by Council 2.8 The site is subject to the provisions of the St Marys Penrith Planning Agreement as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement as amended 2.9 The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the

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Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement 2.10 A separate Development Application shall be lodged with Council in relation to the shade structures and public art elements proposed in the Stage 1A Village Park (DA09/0809 only) 2.11 Street trees should be located so as not to diminish the effectiveness of street lighting 2.12 The Village Park planting beds which are flush with the adjacent roadway shall be provided with a safety strip of turf to the rear of the kerb or alternatively the safety strip shall be mulched only with no plantings (DA09/0809 only) 2.13 A detailed landscape plan relating to the Village Park shall be submitted and approved prior to the issue of a Construction Certificate. All works relating to the Village Park shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0809 only) 2.14 Decorative open-style fencing with associated landscaping shall be provided to the rear of Lots 1051 to 1057 and Lots 1099 to 1105 and to the secondary frontages of Lots 1080, 1081 and 1098. The rear and side fencing to these allotments shall ensure an appropriate level of privacy is afforded to future residents of these allotments. Detailed plans and specifications shall be submitted and approved prior to the issue of a Construction Certificate. The fencing and associated landscaping works shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0811 and DA09/0812 only) 2.15 The linen plan of subdivision is to be supported by an 88B instrument in accordance with Section 88B of the Conveyancing Act 1919 creating a positive covenant requiring that future dwellings on Lots 1051 to 1057, Lots 1099 to 1105 and Lots 1080, 1081 and 1098 appropriately address the entry collector road, Village Park and Village Centre respectively to ensure adequate natural surveillance and a suitable aesthetic appearance when viewed from these public areas. Council shall be nominated as the only authority permitted to modify, vary or rescind such positive covenant (DA09/0811 and DA09/0812 only) 2.16 An increased secondary setback of 3.4m shall be provided to future dwellings on Lots 1099 and 1105 to maintain vistas to the Village Park when approaching from the east. This modification shall be incorporated into the Building Envelope Plan for Stage 1C (DA09/0812 only) 2.17 The conditions imposed by the Roads and Traffic Authority in its letter dated 10 November 2009 for the development are to be satisfied

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prior to the issue of a Construction Certificate and/or Subdivision Certificate as relevant 2.18 The Northern Road temporary intersection treatment shall only serve the residential allotments contained in Stage 1A, 1B and 1C. Approval of subsequent residential allotments will be dependant on the permanent intersection treatment being operational 3. The individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns.

ATTACHMENTS/APPENDICES 1. Locality Map 1 Page Appendix 2. Western Precinct and Village Centre Concept Plans 3 Pages Appendix 3. Road Layout Plan 1 Page Appendix 4. Development Plans 10 Pages Attachment

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Ordinary Meeting 30 November 2009 Appendix 2 - Western Precinct and Village Centre Concept Plans

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Ordinary Meeting 30 November 2009 Appendix 2 - Western Precinct and Village Centre Concept Plans

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Ordinary Meeting 30 November 2009 Appendix 3 - Road Layout Plan

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22 Development Application DA09/0670 Variation of Restrictive DA09/0670 Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa Applicant: Mr. J Prgomelja; Owner: Mr. J Prgomelja

Compiled by: Stephen Krimmer, Environmental Health and 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 single storey dwelling and detached garage. The application seeks the variation of a restrictive covenant applying to the land.

A restrictive covenant was imposed as part of the original subdivision approval (DA04/2792) and specifies compliance with a ‘Building Design and Siting Code’. The code provides controls that relate to the design, location and character of housing and nature of landscaping in an effort to improve the quality of development.

The restriction on the use of land, ninthly referred to in the subject deposited plan relates to Lots 6 to 14 and states:

“The registered proprietors of lots 6 to 14 inclusive shall not permit, cause or carry out any action that may result in construction of a fence, shed, building or dwelling other than a fence, shed, building or dwelling constructed in accordance with the Building Design and Siting Code prepared for Penrith City Council Development Application 04/2792 within lots 6-14 inclusive”

The Building Design and Siting Code requires a minimum side setback of 2.5m. This restriction sought to provide adequate separation between buildings on adjoining lots and to ensure development integrates with the existing landscape. The dwelling proposes a 3.15m side setback on the eastern boundary for vehicular access and a 1.5m side setback on the western boundary. The proposed garage has a side setback of 1.0m from the eastern side boundary and 4m from the rear boundary.

Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction. The report recommends that the restriction be varied and the development application be approved.

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Site and Surrounds The site is situated on the southern side of Littlefields Road (see locality map Appendix No. 1) and is currently vacant. It is rectangular in shape with a total area of 1240m2. The existing vegetation within the 15m front setback is required to be retained and protected. The land rises from the street to the level building platform in the centre of the lot and falls away towards the rear boundary. The surrounding area is characterised by residential development in a new subdivision. There are dwellings under construction on other lots within the new subdivision fronting Littlefields Road.

The Proposal The proposed development includes the construction of a single storey, three (3) bedroom brick dwelling with a detached double garage (see site plan Appendix No. 2).

The development application was accompanied by the following:

• Working drawings • Statement of Environmental Effects • BASIX Certificate • Request to vary 88b instrument

Assessment of Issues Relating to Positive Covenant The applicant has requested that the restrictive covenant over Lot 8 be varied to allow the dwelling and garage to be constructed with a side setback less than the 2.5m required in the Building Design and Siting Code. The development standards in the Building Design and Siting Code address issues relating to scale, setbacks, design, building form, external colours, cut and fill, height and landscaping. The dwelling and garage will comply with all other requirements stipulated in the remainder of the Building Design and Siting Code.

The objectives of the Building Design and Siting Code are: 1) To ensures that the design, location and character of housing and other buildings on the site integrate with the landscape and present high quality design 2) To ensure that development fronting Littlefields Road enables the protection of the vista along Littlefields Road. 3) To ensure adequate consideration is given to building form, materials, colour, siting, visual impact, private amenity and energy efficiency.

The proposal is considered to have met these objectives with a site specific design and a well articulated built form that minimises impacts on Littlefields Road. Due to the existing and proposed vegetation, and slope of land from Littlefields Road, the dwelling will have minimal visual impacts from the street (see elevations Appendix No. 3). The single storey design is considered to have less impact than the adjoining two-storey designs within the new subdivision.

The intent of the 2.5m side setback requirement within the code is to provide adequate separation between buildings. The encroachments will be minimally visible from the street due to the slope of the land. A large tree is to remain in front of the dwelling where the encroachment occurs to provide screening and minimise visual impacts from Littlefields Road. As such, the proposed variation is considered suitable and likely to have minimal impacts on the subject site, adjoining properties and streetscape.

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It is recommended that the proposed variation of the positive covenant relating to side setbacks be supported and the development application for the dwelling and garage be approved subject to conditions.

Assessment of Development Application The development has been assessed in accordance with the matters for consideration under Section 79(i) of the Environmental Planning and Assessment Act 1979. The site has been inspected. The following matters have been considered in the assessment:

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

Sydney Regional Environmental Plan No 20.

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 is located on a cleared area with no tree removal required. The dwelling will have no impact on visibility from the riverine corridor and its scenic quality. Stormwater will be controlled and directed to the street system at the front of the property.

The proposal is in keeping with the objectives of the SREP.

Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)

Under the terms of Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia) the land is zoned as Zone 1(vr) - Village Residential.

The objectives of the zone are to (a) to provide for the housing needs of Penrith's rural villages, and (b) to protect the rural character of those villages, and (c) to ensure that the nature and scale of new development is compatible with existing development.

The proposal meets the above objectives and relevant development standards.

2. Section 79C(1)(a) (ii) - The provisions of any draft environmental planning instrument The development is consistent with objectives and provisions of relevant draft development control plan/s.

3. Section 79C(1)(a) (iii) - Any development control plan The development is consistent with the provisions of the relevant development control plan/s.

4. Section 79C(1)(b) - The likely impacts of the development Context and Setting (environmental impacts and impacts on built environment)

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

The development will have only minor impact on the amenity of the area and the streetscape.

The development is compatible with the surrounding and adjacent land uses.

The development will have minimal impacts on natural environment.

Access and transport

The development will have minimal impact on the local road system.

The proposed access arrangements and car parking on site will be adequate for the development.

Heritage

The land associated with the original subdivision was located in a Heritage Conservation Area. This aspect of the development was considered at the subdivision stage and no further requirements apply to the development.

Soil

The proposed development will have no impact on soil erosion and sedimentation:

Adequate sedimentation and erosion controls are proposed as part of the development.

Natural and Technological Hazards

The development is not subject to flooding, subsidence or slip.

The land has previously been subject to a contaminated land investigation. This issue was resolved in the assessment of the subdivision. No special requirements apply.

Site Design

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

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

5. Section 79C(1) (c) - The suitability of the site for development A site inspection was carried out and the proposed development fits the locality:

The site is identified as bush fire prone land. The bushfire hazard was also considered in assessment of the subdivision application. As such the dwelling is to be constructed to Level 2 standard in accordance with AS3959-1999.

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6. Section 79C(1)(d) - Any submissions made in accordance with the EPA Act and Regulations The application was notified to the eastern and western side adjoining properties and no submissions were received. One letter of support was provided from the owner of lot 7.

7. Section 79C(1)(e) - The public interest The proposed development will not generate any significant issues of public interest:

Conclusion The request to vary the terms of Restrictive Covenant, ninthly referred to in the 88B Instrument attached to Lot 8, DP1115288, is supported as it has been demonstrated that the proposed side setbacks are unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this property.

The assessment of the application for the dwelling and garage demonstrates that it is generally in accordance with the principles and objectives of the relevant LEP and DCP requirements and complements development in the locality.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa be received. 2. The Restrictive Covenant ninthly referred to in the 88B Instrument attached to Lot 8, DP 1115288 be varied to permit the side setback of the dwelling to be 1.5m and the side setback of the garage to be 1.0m. 3. The Common Seal of Penrith City Council be affixed to the necessary documentation. 4. Development Application No. 09/0670 for the construction of a single storey dwelling and garage be approved subject to the proposed conditions of Development Consent as follows: Standard Conditions 4.1 A001 – Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A041 – Construction in Bushfire Areas (Level 2) A046 – Issue of Construction Certificate D001 – Sedimentation and Erosion Controls

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D007 – Cut and fill of land requiring Validation Certificate D009 – Covering Waste Storage area D010 – Waste disposal E001 – BCA compliance E005 – Smoke Alarms F006 – Watertank G005 – Permit for water H01F – Stamped plans and erection of site notice H002 - All forms of construction H011 – Engineering plans and specifications H013 – Further details of building components H014 – Slab design H015 – Termite protection H022 – Survey H030 - Colours H036 – Rainwater tank H037 – Safe supply from catchment H038 – Connection of rainwater tank supply H039 – Rainwater tank pumps H041 – Hours of work I003 – Roads Act approval K003 – Stormwater L001 – General landscaping L008 – Tree preservation order Q001 – Notice of commencement and appointment of PCA Q005 - Occupation Certificate Special Conditions 4.2 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of Land numbered 9 in DP 1115288 shall be registered with the Land and Property Information division of the Department of Lands

4.3 Prior to the issue of a construction certificate, cut and fill details associated with the garage are to be provided in accordance with the Building Design and Siting Code dated 16 August 2007

4.4 Prior to the issue of a construction certificate, details of the driveway are to be provided demonstrating compliance with Section 2.8 of the

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Building Design and Siting Code dated 16 August 2007. Cut and fill details and levels will be required in this regard. The driveway width is not to exceed 3.0 metres within a horizontal distance of 10 metres from the boundary of Littlefields Road.

ATTACHMENTS/APPENDICES 1. Locality Map 1 Page Appendix 2. Site Plan 1 Page Appendix 3. Elevations 1 Page Appendix

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Ordinary Meeting 30 November 2009 Appendix 2 - Site Plan

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Ordinary Meeting 30 November 2009 Appendix 3 - Elevations

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23 Draft Cumberland Plain Recovery Plan

Compiled by: Hamish Robertson, Natural Resources Management Officer 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 The Department of Environment, Climate Change and Water (DECCW) NSW has prepared a draft Recovery Plan for the threatened biodiversity of the Cumberland Plain. The draft Recovery Plan includes objectives and actions for the recovery of threatened species, endangered populations, and threatened ecological communities listed under the NSW Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999.

The Threatened Species Conservation Act 1995 requires a Recovery Plan to state what measures must be carried out to ensure the recovery of that species and to identify the persons or public authorities that are responsible for the implementation of measures identified in the Recovery Plan.

The Act also states that public authorities must be consulted and that a measure must not be included in a Recovery Plan for implementation by a public authority unless the public authority approves of the inclusion of the measure.

This report outlines the range of measures proposed in the draft Recovery Plan that may affect local government and recommends support for proposed measures that are consistent with Council’s existing Biodiversity Strategy and Action Plan. However, the draft Recovery Plan also suggests that Council’s preferentially target any future investment associated with the management of the Cumberland Plain’s threatened biodiversity to the priority conservation lands where practicable. Most of the priority conservation lands in the City are within the ownership of the State or Commonwealth Governments and with the limited resources and funding available to local government it is recommended that this measure should be the responsibility of the State Government.

The draft Recovery Plan also indicates that Councils should have a monitoring and reporting role in regard to the some of the measures within the plan. Whilst Council is already involved in monitoring and reporting on biodiversity projects for existing commitments, additional responsibilities in this area could be a significant expense. It is intended to seek clarification from DECCW on this matter and to and again to provide a position that Council does not have the capacity, due to limited resources and funding, to take on additional monitoring and reporting activities without significant support from the State Government.

It is also considered that the importance of habitat corridors is not adequately considered and recommends that the DECCW further considers this issue in the Recovery Plan.

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Background As part of the consultation process DECCW wrote to Councils in June 2009 requesting endorsement of the proposed measures outlined in the draft Cumberland Plain Recovery Plan. DECCW conducted workshops and meetings with Council Officers across NSW as part of the consultation process.

The draft Recovery Plan has been reviewed by key Council officers from the Planning, Parks, and the Environmental Health Departments. As a result of the review process an interim response was provided to DECCW with preliminary comment in line with the recommendations of this report. DECCW was also advised that a formal position would be provided after the matter was reported to the Council.

The draft Recovery Plan has been on public exhibition from the 9 November and written submissions will be received by DECCW until the 18 December 2009.

Biodiversity of the Cumberland Plain The Cumberland Plain is rich in biological diversity and its conservation is one of the most challenging issues facing natural resource management in Western Sydney. The principal threat to the biodiversity of the Cumberland Plain is the further loss and fragmentation of habitat. Clearing for rural and residential developments, industry, and agricultural land uses has led to increasingly isolated small remnants which are more susceptible to degradation, provide less habitat values and support fewer species. Many of these remnants have been reduced significantly and are listed for protection under both State and Commonwealth legislation.

Penrith City Council supports 12 vegetation communities that are listed as Endangered Ecological Communities under the Threatened Species Conservation Act 1995 and 3 under the Environment Protection and Biodiversity Conservation Act 1999. These communities include:

• Cooks River Castlereagh Ironbark Forest • Castlereagh Swamp Woodland • Agnes Banks Woodland • Shale Hills Woodland (EPBC Act 1999) • Shale Plains Woodland (EPBC Act 1999) • Alluvial Woodland • Shale Sandstone Transition Forest (Low Sandstone Influence) • Shale Sandstone Transition Forest (High Sandstone Influence) • Riparian Woodland • Shale/Gravel Transition Forest • Moist Shale Woodlands • Turpentine-Ironbark Forest (EPBC Act 1999)

The vast majority (76%) of the Cumberland Plain’s remaining bushland is privately owned, and very little (7%) is protected within the formal reserve system.

The unique assemblages of vegetation sustain a diversity of fauna species including at least twenty-seven listed under the Threatened Species Conservation Act 1995.

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Draft Cumberland Recovery Plan The objective of the draft Recovery Plan is to provide for the long-term survival of the threatened biodiversity of the Cumberland Plain. The specific recovery objectives are:

• To build a protected area network, comprising public and private lands, focused on the identified priority conservation lands • To deliver best practice management to remnant bushland across the Cumberland Plain on public lands where the primary management objectives are compatible with biodiversity conservation • To develop an understanding and enhanced awareness in the community of the Cumberland Plain’s threatened biodiversity, the best practice standards for its management, and the recovery program • To increase knowledge of the threats to the survival of the Cumberland Plain’s threatened biodiversity, and thereby improve capacity to manage these threats in a strategic and effective manner

The draft Recovery Plan identifies regional priority conservation lands for preferential investment. DECCW considers these areas to be the highest priority for future recovery efforts (See Attachment). The priority conservation lands contain 25% of the existing threatened ecological communities that occur in the Cumberland Plain.

In Penrith City the identified priority conservation lands include the Orchard Hills Department of Defence site; the former Air Services Australia Site at Cranebrook (recently acquired); the Wianamatta Regional Park (on the former ADI site), Mulgoa Nature Reserve, Agnes Banks Nature Reserve, and Castlereagh Nature Reserve and Deerubbin Lands.

The draft Recovery Plan states that priority conservation lands will be secured and managed for conservation through voluntary acquisition, conservation covenants, and Biobanking agreements. The acquisition of private land and the establishment of conservation covenants will be funded through the Growth Centres Conservation Fund.

Nine ‘recovery measures’, considered likely to apply to Council’s operations and responsibilities, have been identified in the Recovery Plan. These ‘measures’ are listed below, with following commentary on the implications for Council.

1. Local councils will have regard to the priority conservation lands identified in the Recovery Plan in identifying areas for inclusion in environmental protection and regional open space zones. 2. Preferentially target any future investment associated with the management of the Cumberland Plain’s threatened biodiversity to the priority conservation lands where practicable 3. Support and promote the adoption of best practice standards for bushland management and restoration on public and private lands within the Cumberland Plain.

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4. Local government agencies will manage, to best practice standard, any lands which are under their ownership or for which they have care, control and management. 5. Work collaboratively with local government authorities to inform communities about the value and role of remnant vegetation on the Cumberland Plain, the best practice standards for its management, and any opportunities to participate in the recovery program. 6. Work with Aboriginal communities, landowners, community groups, and students to deliver best practice management in the priority conservation lands, and to identify other opportunities for involvement in the recovery program. 7. Develop interpretive programs for key local reserves that contain examples of the threatened biodiversity addressed in the Recovery Plan. 8. DECC will encourage local councils to prepare or review biodiversity strategies to be consistent with the Recovery Plan and that guide protection, management and strategic investment in threatened biodiversity, both within and outside of priority conservation lands. 9. DECC will work collaboratively with local councils to enhance the compliance and enforcement program in regards to the unauthorised clearing of bushland on the Cumberland plain.

Measures 1 to 9 (excluding 2) are considered to be reasonable. Penrith City is committed to the conservation of the biodiversity within the local and regional area. This commitment is reflected in the Penrith Biodiversity Strategy and Action Plan. Council continues to implement a City wide Biodiversity Strategy and Plans of Management for key reserves. The management activities undertaken by Council are generally inline with Cumberland Plain - best practice guidelines.

The Penrith Biodiversity Strategy and Action Plan will also be reviewed and will consider measures in the final Cumberland Plain Recovery Plan. DECCW will be consulted as part of the review process.

LEP Considerations The priority conservation lands identified in the draft Cumberland Plain Recovery Plan have been considered during the development of the new Local Environment Plan (LEP). The new LEP will guide planning decisions that are consistent with the goals of the draft Cumberland Plain Recovery Plan.

Matters of Concern The draft Recovery Plan suggests that Councils should “preferentially target any future investment associated with the management of the Cumberland Plain’s threatened biodiversity to the priority conservation lands where practicable” (measure number 2).

The State Government has established the Growth Centres Conservation Fund through the biodiversity certification of the North West and South West Growth Centres. The fund will provide $530 million over the next 30 years to secure the protection of high conservation bushland in Western Sydney. The fund will be used to voluntarily purchase land for addition to the public reserve system and to establish perpetual conservation agreements, including BioBanking agreements.

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Most of the priority conservation lands in the City are within the ownership of the State or Commonwealth Governments (with the exception of the Deerubbin Lands) and with the limited resources and funding available to local government it is recommended that this measure should be the responsibility of the State Government. Through the Growth Centres Conservation Fund DECCW has already been allocated funding for the management of the priority conservation areas.

Habitat corridors provide connectivity for species dispersal and life cycle requirements and play a significant role in connecting the priority conservation lands identified by DECCW. It is considered that the importance of habitat corridors is not adequately considered in the draft Recovery Plan and this report recommends that the DECCW further considers this issue.

The draft Recovery Plan also indicates that Councils should have a monitoring and reporting role in regard to the performance of the plan. Whilst Council is already involved in monitoring and reporting on biodiversity projects for existing commitments, additional responsibilities in this area could be a significant expense. It is intended to seek clarification from DECCW on this matter and to and again to provide a position that Council does not have the capacity, due to limited resources and funding, to take on additional monitoring and reporting activities without significant support from the State Government.

Conclusion The Department of Environment, Climate Change and Water NSW has prepared a draft Recovery Plan for the threatened biodiversity of the Cumberland Plain. The draft Recovery Plan includes objectives and actions for the recovery of threatened species, endangered populations, and threatened ecological communities listed under the NSW Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999.

DECCW is seeking Council’s support to adopt the measures outlined in the draft Recovery Plan.

The measures outlined in the draft Cumberland Plain Recovery Plan are generally consistent the Penrith Biodiversity Strategy and Biodiversity Action Plan.

Council Officers have raised concerns that some of the measures in the plan will potentially impose additional cost on Council’s. There is also a concern that habitat corridors are not adequately considered in the draft Recovery Plan. The report recommends that Council make a submission to DECCW advising of Council’s concerns.

RECOMMENDATION That: 1. The information contained in the report on Draft Cumberland Plain Recovery Plan be received. 2. Council make a submission to the Department of Environment, Climate Change and Water regarding the Draft Cumberland Plain Recovery Plan, requesting that the following concerns be addressed:

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2.1 Targeting any future investment associated with the management of the Cumberland Plain’s threatened biodiversity to the priority conservation lands within the City should be the responsibility of the State Government 2.2 Further consideration should be given by DECCW to the importance of habitat / conservation corridors 2.3 Further clarification is provided regarding DECCW’s expectations for local government to monitor and report on the Plans measures 2.4 The Plan should adequately address the funding and resourcing implications on local government and to address the capacity restraints of local government to achieve the proposed measures.

ATTACHMENTS/APPENDICES 1. Cumberland Plain identifies priority conservation lands 1 Page Appendix

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Ordinary Meeting 30 November 2009 Appendix 1 - Cumberland Plain identifies priority conservation lands

Figure 1, Cumberland Plain identifies priority conservation lands. The dark grey shading indicates the location of the DECCW priority conservation areas.

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THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

A LIVEABLE CITY

Item Page

24 Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site 292

25 Establishment of additional Alcohol Free Zones and Alcohol Free Areas 306

26 Penrith Valley Cultural Precinct - Progress Report 310

27 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel 316

28 Floodplain Management Program 2009/2010 - Grant Offer 320

29 Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park 322

30 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment 327

URGENT

31 Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services 336

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24 Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site

Compiled by: Tony Crichton, Senior Environmental Planner Authorised by: Roger Nethercote, Group Manager - People and Places Requested By: Councillor Mark Davies

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs Strategic Direction: The City’s infrastructure responds to community needs, and is provided when we need it

Executive Summary On 6 November 2007, a landowner within Erskine Business Park (EBP), Jacfin Pty Ltd, submitted an initial Project Application and subsequently a Major Project Application in June 2008 under Part 3A of the EP& A Act, 1979 for determination by the Minister for Planning. This ‘original’ application is to establish a Warehousing Facility (21,005sq m), Office Building (1285 sq m), access road, loading dock and 218 carparking spaces. The location of the Jacfin site within the EBP appears at Appendix 1. Significantly, the development encroached over a section of the biodiversity conservation corridor that runs through the Estate.

Our submissions on the Jacfin Major Project Application raised objection to the application on the grounds that it was contrary to Penrith Development Control Plan 2006 (DCP). This seeks retention of the northern portion of the Jacfin land as a “biodiversity area” as it forms a critical part of the riparian and biodiversity conservation corridors linking the Ropes Creek and South Creek systems. It was put that any decision not to provide for a portion of the biodiversity corridor to be located on the Jacfin site would substantially impact on the integrity and continuity of the broader corridor system. The removal of the Jacfin component of the corridor would also result in a corridor width substantially lower than 100m – an environmentally unacceptable outcome. We urged the Department of Planning to ensure that the achievement of such a significant biodiversity outcome not be lost.

On 3 April 2009, Jacfin Pty Ltd lodged an Appeal with the NSW Land and Environment Court against a deemed refusal by the Minister for Planning for their Major Project Application.

On 6 August 2009, the Minister for Planning requested the Planning Assessment Commission (PAC) to review the recommendations in the Director-General’s (D-G’s) Report to the Minister for the Jacfin Major Project Application. Council officers provided a submission and verbal presentation to the PAC raising concerns over the development’s implications for the biodiversity corridor. Council received advice on 3 November 2009, that the Minister for Planning had approved a revised application submitted by Jacfin. This revised proposal allows for a biodiversity corridor with a minimum width of 70m, north of the portion of the Jacfin site now to be developed. Council was not consulted about this revised proposal.

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We were impressed by the level of detailed assessment provided by the PAC. However, it is unfortunate that the Minister arrived at a different view to that recommended by the PAC which has introduced a compromise corridor outcome, which is less than that contemplated in Council’s adopted DCP.

The report recommends that the information be received.

Biodiversity History The development of a Biodiversity Strategy and Biodiversity Management Plan for Erskine Business Park (EBP) has had a substantial history. In early 1999, Council commissioned a detailed environmental study by Biosis Research Pty Ltd to examine the nature, extent and quality of flora and fauna within the then named Erskine Park Employment Area.

The final Biosis Research (July 2000) report nominated the inclusion of the critical northern section of the Jacfin property which was subsequently included in Erskine Park Employment Area Development Control Plan (EPEA DCP) 2002 and Erskine Business Park Development Control Plan (EBP DCP) 2006.

On 9 December 2002 Council adopted the EPEA DCP 2002 which came into force in January 2003. On 21 August 2006 Council adopted Penrith Development Control Plan 2006 which came into force on 15 December, 2006. The biodiversity corridor in both Plans included a portion of the Jacfin land. The current version of this DCP is Penrith DCP 2006 (draft Amendment No. 5) which was publicly exhibited from 28 October to 19 November 2008. This includes land within EBP and south of the SCA water pipeline that is within Penrith LGA and within the area now covered by SEPP (WSEA) 2009. A copy of this map appears at Appendix 2.

Council officers worked closely with the landowners and consultants over a two year period in developing a revised Biodiversity Strategy for the estate. In early 2005 Council and the Erskine Park Landowners Group (EBPLOG) finalised the ‘Biodiversity Strategy 2005’ which provided a strategic framework for the conservation of biodiversity within the Erskine Business Park (EBP). The fundamental underlying principle for the Biodiversity Strategy was to provide a biodiversity corridor system linking remnant native vegetation across the Orchard Hills Defence site, the riparian biodiversity system within South Creek, the remnant native vegetation in EPEA and the Ropes Creek riparian biodiversity system.

In May 2006, an Agreement was reached between the EBPLOG and Department of Planning (DoP) to finalise a Biodiversity Conservation Management Plan (BMP) for the EBP biodiversity conservation area. The Management Plan establishes the basis for the biodiversity conservation corridor, requirements for its ongoing conservation, care and control. The DoP has agreed to accept dedication of the land in EBP which makes up the biodiversity conservation corridor. The EBPLOG has also agreed to pay DoP sufficient funds for the management in perpetuity of the biodiversity conservation lands in EBP. We are advised that the EBPLOG commitment of land and cash (for the BCMP 2006) amounted to $60.5 Million ($56 Million in land and $4.5 Million in cash).

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Jacfin Major Project Application On 6 November 2007, a landowner within EBP, Jacfin Pty Ltd, submitted an initial Project Application and subsequently a Major Project Application for determination by the Minister for Planning in June 2008 under Part 3A of the EP& A Act, 1979.

This ‘original’ application submitted in November 2007 was to establish a single-storey Warehousing Facility (21,005sq m), a double-storey Office Building (1285 sq m), access road, loading dock and 218 carparking spaces.

On 3 April 2009, Jacfin Pty Ltd lodged an Appeal with the NSW Land and Environment Court against a deemed refusal by the Minister for Planning for their Major Project Application.

On 21 September 2009, the NSW PAC submitted to the Minister for Planning its ‘Report on the Proposed Jacfin Warehouse Project.’ A revised application was submitted by Jacfin some time last month to establish a single-storey Warehousing Facility (20,080sq m), a double- storey Office Building (1285 sq m), access road, loading dock and 212 carparking spaces. The plan also indicates a “landscape buffer” in the northwest corner of the site. A copy of the revised Site Plan appears at Appendix No. 3.

Council Submissions on Jacfin Major Project Application Council officers made a number of submissions to the DoP where objections were raised to aspects of the proposal for the reasons outlined below:

The Jacfin proposal is contrary to Penrith DCP 2006. Our submissions on the Jacfin Major Project Application objected to the application on the grounds that it was contrary to Penrith DCP 2006. The DCP seeks retention of the northern portion of the Jacfin land as a “biodiversity area” as it forms a critical part of the riparian and biodiversity conservation corridors linking the Ropes Creek and South Creek systems. Based upon the expert reports which underpinned the DCP, we believed that any decision to sever the biodiversity corridor by granting approval to the subject application would effectively destroy the integrity and continuity of the corridor system.

A plan (Jacfin Biodiversity Corridor Map) appears as Appendix No. 4 which shows the width of the EBP Biodiversity Conservation Area defined in Penrith DCP 2006 in the vicinity of the Jacfin property. This plan demonstrates that this Biodiversity Conservation Corridor has a combined width over the Jacfin and CSR properties ranging from 100m – 125m.

The Jacfin Application is contrary to draft State Environmental Planning Policy (SEPP) (WSEH) 2008 - (E2 zone) The Jacfin proposal is contrary to the E2 zone as shown nominated within the draft exhibited SEPP on the northern portion of the Jacfin property. We expressed the view that the northern portion of the Jacfin property must be retained so that the riparian corridor can be retained and the land can be revegetated.

It is relevant to note that in the final gazetted version of this SEPP published on 26 August 2009, the E2 (biodiversity corridor) zoning over the northern portion of the Jacfin site was removed. This is notably inconsistent with actions taken by the Department to gazette an E2

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Ordinary Meeting 30 November 2009 A Liveable City zone both within other sites within EBP and also along both sides of Ropes Creek within SEPP (WSEH) 2009. This outcome also appears to be at odds with efforts by Council, DoP, DECCW and EBPLOG to establish and fund the creation of a continuous biodiversity corridor.

A copy of the gazetted zoning map for WSEA appears at Appendix 5. A copy of the Expanded Zoning map appears at Appendix 6.

DoP Obligations under Biodiversity Management Plan It was pointed out that that any decision to sever the biodiversity corridor by granting approval to the subject application would effectively destroy the integrity and continuity of the corridor system. It was contended that the Department cannot simultaneously be a party to the BMP and approve the Jacfin application as proposed.

Council officers also wrote on several occasions to the Director-General of the DoP and also to the Minister for Planning as well as the Planning Assessment Commission (PAC) raising concern over the proposal and seeking the retention of the biodiversity conservation corridor within EBP including the northern portion of the Jacfin site which has been nominated as a biodiversity conservation area on the EBP DCP since January 2003.

DECC Submissions DECC has provided clear and strong support of Council on this matter. On 8 April 2005, DECC advised Council that it was supportive of the proposals included in Council’s proposed Biodiversity Strategy. In particular, DECC advised that “the future of the Jacfin lands (Area 2e) is particularly critical. If these are not secured as part of the conservation corridor, the integrity of the east-west connection is significantly compromised.”

A further submission was provided by DECC on 11 December, 2008 which stated that “in view of this DECC wishes to strongly restate the importance of retaining the identified biodiversity corridor that runs east to west along the northern boundary of the Jacfin site. Regardless of the current state of the site, in terms of its biodiversity values, DECC does not support the reduction of the corridor’s width and effectiveness as proposed. The retention of this corridor should be given precedence over consideration of offsets in any form.”

As DECC is the relevant State Government Department responsible for environmental decisions and expertise, prime consideration should be given to this recommendation.

Appointment of Planning Assessment Commission Panel On 6 August 2009, the Minister for Planning requested the Planning Assessment Commission (PAC) to review the recommendations in the Director-General’s (D-G’s) Report to the Minister for the Jacfin Major Project Application. Council officers took the opportunity to make a detailed verbal and written submission to the PAC. The Panel members requested additional information from Council and a second detailed submission was referred to the PAC on 8 September, 2009.

On balance the PAC considered that it appropriate to achieve a width approaching 100m, to the extent feasible without unduly compromising development. The PAC prepared a ‘Report on the Proposed Jacfin Warehouse Project’ and a specific list of conclusions and a Recommendation to the Minister. That report has only recently been published.

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We are particularly impressed with the degree of thoroughness of assessment detailed in the PAC’s report. It is particularly worth noting that the PAC acknowledged the importance of the Jacfin land contributing to the provision of the biodiversity corridor.

The PAC recommended to the Minister that changes be made to the development proposal. These were such that they could not be dealt with by the imposition of conditions of consent to the original proposal. It recommended that the Minister return the application to the DoP and request that the applicant be informed of the findings of the PAC and be requested to submit revised plans to the Director General prior to the issue of the consent.

The PAC’s final recommendations to the Minister included that the revised plans were to make provision for:

• A biodiversity corridor which, taken together with committed land on adjacent properties, has an average width across the narrowest section adjacent to the Jacfin site (the ‘throat’) of at least 90m and a minimum width at any point of 70m; • The road within the biodiversity area should be a maximum of 11m wide. An additional crossing for terrestrial wildlife in the biodiversity corridor should be provided.

Decision by the Minister for Planning On 15 September, 2009 Council wrote to the Minister for Planning regarding the Jacfin Major Project Application. We pointed out that the biodiversity corridor is now at risk, because of the impact of the Jacfin application on the integrity of the east-west connection and on the goodwill of the landowners who voluntarily agreed to dedicate land for the corridor’s formation. We also queried whether the PAC process could provide the right guidance to the Minister in the time available.

Numerous efforts from 15 September to 14 October were made by Council staff to arrange a meeting with the Minister, however we were advised that the Minister was not prepared to meet with Council and had referred the Jacfin Major Project Application to the Director- General for a decision.

Council received a letter from the Minister for Planning on 3 November 2009 (dated 28 October, 2009) that the Minister for Planning had approved a revised Jacfin Major Project Application.

The Minister’s letter advised that “the PAC considered that a redesign of part of the warehouse was required to provide a better compromise between conservation and development, particularly in relation to the provision of the biodiversity corridor.” In order to address the PAC’s recommendations, Jacfin revised its proposal, “to ensure that the biodiversity corridor has a minimum width of 70m, north of the portion of the Jacfin site” now to be developed.

The Minister further advised that “I am satisfied that Jacfin’s modified proposal strikes a reasonable balance between the competing conservation and economic objectives for the site”. It would appear that the final amendments approved by the Minister are inconsistent with the PAC’s recommendations.

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Since the Minister’s decision was announced, we have been advised by the DoP that the Jacfin Appeal to the Land and Environment Court has been withdrawn.

The Minister has issued conditions of consent for the Jacfin Major Project approval. Schedule 3 to this consent (Specific Environmental Conditions) includes biodiversity conditions which provide for a Biodiversity Offset Strategy within another Jacfin site located in Eastern Creek (Blacktown LGA) and a Landscape Buffer within the Jacfin site in EBP. A copy of these biodiversity conditions appears at Appendix 7.

The consent requires that the proponent conserves the existing trees in the Landscape Buffer and re-establishes and enhances that vegetation consistent with the plant schedule in the Biodiversity Management Plan approved by the State Government for EBP. The proponent is also required to prepare and implement a Landscape Management Plan. These initiatives are supported, although the size of the Landscape Buffer is not supported.

Conclusion It is felt that Council has made a substantial case for the preservation of a biodiversity conservation corridor within EBP, of which the northern portion of the Jacfin site is a critical and centrally located component. It is also clear that any decision to sever the biodiversity corridor by granting approval to the Jacfin application would severely impact on the integrity and continuity of the corridor system.

A substantial funding package was made by the landowners group to the DoP who have accepted ownership and ongoing management of the majority of the corridor other than for the piece of the corridor located on the Jacfin land.

We have urged the Department of Planning and the Minister ensure that the achievement of such a significant biodiversity outcome not be lost.

It is of interest that the PAC has provided a very thorough assessment of the issues and has concluded that it is appropriate to seek to achieve a corridor width approaching 100m, including a substantial portion of the biodiversity corridor being located on the Jacfin site.

Given the efforts by Council over many years to preserve a biodiversity corridor on the Jacfin site, it is particularly disappointing that the Minister has decided not to implement the requirements of Council’s adopted DCP and to reduce the recommendation of the PAC for an average biodiversity corridor width of 90m and a minimum of 70m to only a minimum width of 70m. This effectively means a loss of 20m of corridor width.

Despite the PAC’s recommendation, the Minister has now approved the Jacfin development proposal, albeit with a “compromise” corridor outcome which now removes approximately 1.5 ha or 83% of the proposed 1.8 ha biodiversity corridor on the Jacfin site shown on Penrith DCP 2006.

The PAC produced a thorough assessment of the issues and arrived at a position which, although different to, did not substantially reduce the requirements outlined in Council’s DCP. It is unfortunate that the Minister, in her decision, has arrived at a different view to that recommended by the PAC.

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RECOMMENDATION That the information contained in the report on Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site be received.

ATTACHMENTS/APPENDICES 1. Location Map of Jacfin Site in Erskine Business Park 1 Page Appendix 2. Exhibited DCP 2006 (Amendment No 5) 1 Page Appendix 3. Revised Jacfin Site Plan 1 Page Appendix 4. Jacfin Biodiversity Corridor Map 1 Page Appendix 5. Detail of Gazetted Zoning Map for WSEA 1 Page Appendix 6. Expanded Zoning Map for Jacfin site 1 Page Appendix 7. Specific Environmental Conditions 1 Page Appendix

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Ordinary Meeting 30 November 2009 Appendix 1 - Location Map of Jacfin Site in Erskine Business Park

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Ordinary Meeting 30 November 2009 Appendix 2 - Exhibited DCP 2006 (Amendment No 5)

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Ordinary Meeting 30 November 2009 Appendix 3 - Revised Jacfin Site Plan

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Ordinary Meeting 30 November 2009 Appendix 4 - Jacfin Biodiversity Corridor Map

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Ordinary Meeting 30 November 2009 Appendix 5 - Detail of Gazetted Zoning Map for WSEA

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Ordinary Meeting 30 November 2009 Appendix 6 - Expanded Zoning Map for Jacfin site

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Ordinary Meeting 30 November 2009 Appendix 7 - Specific Environmental Conditions

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25 Establishment of additional Alcohol Free Zones and Alcohol Free Areas

Compiled by: Allison Kyriakakis, Community Safety Co-ordinator Authorised by: Yvonne Perkins, Public Domain Amenity and Safety Manager

Strategic Objective: Our public spaces encourage safe and healthy communities Strategic Direction: We feel safe in our neighbourhoods, and proud of our public spaces and local centres

Executive Summary Council has recently installed signage to prohibit the consumption of alcohol at thirty-five (35) Alcohol Free Zones and twenty (20) Alcohol Free Areas in the Penrith LGA.

Since these areas were established, additional locations were identified based on consultations with Penrith and St Marys Police and key community stakeholders through the Penrith Valley Community Safety Partnership. This includes ten (10) additional Alcohol Free Zones and two (2) additional Alcohol Free Areas, which are outlined in this report.

At its Ordinary Meeting on 7th September 2009, Council supported the progression of the consultation process for the establishment of additional Alcohol Free Zones and Alcohol Free Areas at a number of identified locations in the Penrith Local Government Area.

Following Council approval, public consultation was initiated regarding the proposal to establish additional Alcohol Free Zones and Alcohol Free areas in September 2009.

No objections were received in relation to the establishment of Alcohol Free Zones or Alcohol Free Areas at the designated locations.

This report recommends that additional Alcohol Free Zones and Alcohol Free Areas be implemented at the locations detailed in this report and that these additional locations be added to the current schedule of Alcohol Free Zones and Alcohol Free Areas, to be reviewed after the 4-year period concludes at 30th June 2013.

Background Additional Alcohol Free Zones

Alcohol Free Zones can be established under Section 644 of the Local Government Act 1993. Alcohol Free Zones can only be established in public roads, car parks and footpaths, and once established, must apply twenty-four hours (24 hours) per day.

Recent legislative changes to the Local Government Act relating to Alcohol Free Zones have increased the operational period for Alcohol Free Zones to a maximum of four (4) years. (Previously, Alcohol Free Zones had a maximum timeframe of three (3) years before they expired).

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Council has recently installed signage to prohibit the consumption of alcohol at thirty-five (35) Alcohol Free Zones and twenty (20) Alcohol Free Areas in the Penrith LGA. Signage will be in place for four (4) years at each locality to prohibit the consumption of alcohol from the period 1 July 2009 until 30 June 2013.

Following Council approval, public consultation was initiated regarding the proposal to establish additional Alcohol Free Zones and Alcohol Free areas in September 2009. Consultation was conducted through public notices in local print media, notification to the Anti Discrimination Board and letters to residents, local businesses and community groups who may be affected by the enforcement of Alcohol Free Zones and/or Alcohol Free Areas at the designated locations.

In accordance with the NSW Department of Local Government Ministerial Guidelines, a period of 30 days was given for representations to be made to Council regarding the proposal to prohibit alcohol at the identified locations. The consultation period has now concluded.

No objections were received in relation to the establishment of Alcohol Free Zones or Alcohol Free Areas at the designated locations.

Subject to Council approval, additional Alcohol Free Zones will be established at the following locations. These locations will be added to the current schedule of Alcohol Free Zones and will be reviewed after the 4-year period concludes at 30th June 2013.

1. The area of Park Avenue, Kingswood from Richmond Road to Walter Street being a public road.

2. The public car park located to the north of Kingswood Station on the corner of Richmond Road and Cox Avenue, Kingswood.

3. The area of Richmond Road, Kingswood from Park Avenue to Cox Avenue being a public road.

4. The public car park located on Carinya Avenue, St Marys between the Railway Line and Belar Street.

5. The public car park located on Charles Hackett Drive, St Marys between Belar Street and Kungala Street.

6. The public car park located on Carinya Avenue, St Marys between Charles Hackett Drive and Crana Street.

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7. The area of Queen Street, St Marys from Nariel Street to the Great Western Highway being a public road.

8. The area of West Lane between the railway line and Crana Street, St Marys being a public road.

9. The area of Station Street, St Marys from Queen Street to Chesham Street being a public road.

10. The area of Charles Hackett Drive, St Marys between Queen Street and Carinya Street, being a public road.

Alcohol Free Areas Alcohol Free Areas can be established by Council in other areas (e.g. parks, reserves and other public spaces) in accordance with Section 632 of the Local Government Act 1993 – Acting Contrary to Notices. Subject to Council approval Alcohol Free Zones will be established at the following locations. These locations will be added to the current schedule of Alcohol Free Areas and will be reviewed after the 4-year period concludes at 30th June 2013.

The Alcohol Free Areas listed below are proposed to be enforced for a 24-hour period, to deter alcohol-related antisocial behaviour at all times of the day.

1. Coachmans Park, corner Queen Street and Kungala Street, St Marys

2. Lukes Lane Reserve, from Banks Drive to Cook Parade, St Clair

The existing locations and new alcohol free locations proposed in this report are due to expire in June 2013. It is anticipated that during this period additional locations will be requested for consideration as alcohol free. These requests will be considered and if deemed appropriate submitted to Council seeking approval to commence the public consultation process. It is proposed that nominated locations will be detailed in a report to Council on a quarterly or six- monthly basis, depending on need.

To support the efficient management of alcohol free locations, a common expiry date has been implemented, June 2013. Any new alcohol free locations will also have the same expiry date. All locations will be evaluated at this time for cessation or reinstatement as per Council’s Alcohol Free Public Spaces Policy at this end of the period.

Signage and Public Education

In accordance with Council’s Alcohol Free Public Spaces Policy, signage will clearly denote the times that the Alcohol Free Areas and Alcohol Free Zones will be enforced.

Signage for Alcohol Free Zones will include maps to clearly indicate the area covered by the zones. Alcohol Free Zones may also be indicated by kerb stencils, especially in CBD locations. Signage may also include maps depending on the location to be covered.

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A community education program is being developed to educate the community about the operation and locations of Alcohol Free Zones and Alcohol Free Areas. This information will also be included on Council’s web site.

RECOMMENDATION That: 1. The information contained in the report on Establishment of additional Alcohol Free Zones and Alcohol Free Areas be received. 2. Council support the establishment of Alcohol Free Zones and Alcohol Free Areas at the locations identified in this report.

3. Signage be erected to prohibit the consumption of alcohol at each of the identified locations.

4. Additional requests for Alcohol Free Zones and Alcohol Free Zones be reviewed on a quarterly or six-monthly basis if required.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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26 Penrith Valley Cultural Precinct - Progress Report

Compiled by: Robert Paluzzano, Project Coordinator Erich Weller, Community and Cultural Development Manager Authorised by: Craig Ross, Major Projects 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 refurbishment of the Penrith Valley Cultural Precinct is nearing completion. This report provides Council with a status report on the project and details proposed actions to enable the project to be finalised.

The report recommends that additional funds be allocated to the project to cover the cost of variations that exceeded the budget’s contingency allowance. It also recommends that a S96 application be submitted to address a shortfall in parking from the approved plans as a result of project changes and site constraints.

Background The development of Penrith Valley Cultural Precinct and the refurbishment of a number of buildings on the site has been a very complex project. The project has evolved over many years since the Masterplanning for the site commenced in 2000 and the evolution has continued through the construction stage.

The refurbishment of the precinct advanced with Council completing the refurbishment of the Arts and Crafts building and construction of a carpark on the eastern side of the site in July 2008. Also in July 2008, the contractor, ProjectCorp, commenced work on the refurbishment of the remainder of the precinct. These works included:

• new access and bus turning bay behind the St Marys Community Centre and Senior Citizens Centre • construction of a community square • construction of retaining walls and landscaping on the southern side of Memorial Hall, adjacent to the Don Bosco Centre • refurbishment works in St Marys Memorial Hall • external accessible toilet attached to the Arts and Crafts Studio building. • Swanston carpark and lighting

A plan of the precinct is as follows:

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The contract work is now almost finalised and the completion date is expected to be in December. This will be followed by fitout of the Hall and it is expected that the precinct will be fully operational by February 2010.

Developing a site that has a number of existing buildings, heritage issues and different user groups and needs has been challenging. As the planning and design for the precinct advanced through various approval stages there were a number of changes to the project. Changes also occurred during construction and these resulted from client requests, design issues or site conditions.

The project has been impacted by these changes, which have affected the project’s cost and completion date.

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Project Completion Date

When the contractor commenced work on-site in July 2008, the construction program indicated a completion date of 10 July 2009. Since then there have been a number of claims for extension of time that has extended the date for Practical Completion to the end of January. The delays primarily resulted from wet weather, changes to scope, authority delays and the discovery of contaminated and unsound material on-site.

Contaminated and Unsound Material

As part of the design process, a geotechnical investigation and a contamination survey were carried out on-site. The testing was done by certified consultants and carried out in accordance with industry and Australian standards.

Notwithstanding that the testing showed the site to be clear, during construction, isolated pockets of contamination and unsound material were discovered. The contamination appeared to be from building waste buried on-site and the unsound material appeared to be sourced from redundant drainage systems that were left in-situ following drainage upgrades that were carried out some years ago.

Project Cost

The current project budget is made up from a number of project items. These include:

• the contract works, • a contingency allowance for the project • additional professional costs for design modification during construction • project management • Council constructed carpark • Fitout • Opening

The contract, when it was awarded, had a value of $3,673,450 (excluding GST). The budget had a contingency amount of $741,000. This represents 13.3% of the project cost (for new buildings/greenfield sites the industry standard is 10%). For a refurbishment project involving modifications to existing buildings, heritage issues and a number of users with different needs, this amount is considered to be reasonable.

During the course of the construction, there have been a number of variations to the contract. Some of these related to items that one would normally encounter on a project of this size and were of a relatively minor nature, although large in number. The contingency allowance has been made in the budget to cover such items.

There have been some variations, however, that were of a major nature. These either related to a change in the scope of the project or were related to unforseen site conditions.

The claimed contract variations, to date, amount to $1,141,599 (some are not yet approved and $1,015,902 has been paid to date). In addition to this, a number of additional variations are yet to be finalised and claimed by the builder.

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The major variations include:

Variation Comment Cost Replacement of windows in Original contract allowed for retention of $59,104 Hall existing windows. Rendering and painting of Hall Not in original scope of works. $66,239 Lowering of watermain in Not known until works advanced. $43,388 Swanston Street Electrical sub station works Initial allowance in contract was for upgrade $122,732 of existing substation. Integral required new substation and lead-in mains. Excavation and disposal of Not detected in initial site geotechnical and $100,486 contaminated material in Piazza contamination survey. area Unsound material in Piazza area Not detected in initial site geotechnical and $92,633 contamination survey. Upgrade of sewer lines Not in original scope of work and included to $17,912 avoid future potential excavation of Piazza. Stage lighting and audio visual Minor upgrade initially contemplated. Scope $61,551 equipment changed to more substantial standard. Replacement of power pole in Not in original scope of works. Required by $25,956 Swanston St Integral. External accessible toilet Not in original scope of works and $35,000 (additional to grant) supplements Federal grant funds Removal and replacement of Not detected in initial site geotechnical and $20,000 unsound material in south west contamination survey. (estimated) corner of Senior Citizens Provision of pool style fencing Not identified in initial design $42,000 to top of retaining walls (estimated)

Of the above, the variations that relate to site conditions, amount to approx $210,000. Costs of this nature are beyond what would normally be contemplated in a contingency allowance.

Other major variations relate to changes in the scope of the project. These include window replacement, rendering of the Hall, lighting and audio equipment and an accessible toilet. These extensions to the scope of the project were endorsed by the Project Control Group and reported to the PVCP Working Party. At the time the decisions were made on these items, it was agreed that the costs would be drawn from the contingency allowance. Subsequent variations have now exhausted the contingency allowance.

Whilst not part of the contract, there are other costs associated with the project that are additional to the initial budget. These include the design costs associated with the some of the variations and additional fitout items such as tables and chairs that were not initially allowed for in the budget.

Whilst not all of the variations have been submitted and approved and the final cost determined, it is likely that the project cost will exceed the budget by approximately $560,000.

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Financial Services Comment A total budget of $5.95m has been allocated to the Penrith Valley Cultural Precinct Project over recent Management Plans. The construction phase of the Memorial Hall and Community Square, including the new eastern carpark, was the largest component of the project and accounted for $5.5m of the total budget. The variations received during this final stage of the project, as outlined in the report, have resulted in a projected budget overrun of $560,000.

As part of the 2009-10 Operational Plan – September Quarter Review, being reported to tonight’s meeting of Council, it is recommended that an allocation of $560,000 be made to this project to address the projected budget overrun.

Parking Provision The original development on the site was deficient in parking to meet the needs of the precinct, particularly if there were a number of concurrent activities occurring on-site. The site had 41 spaces on-site and there was a heavy reliance on on-street parking for the shortfall.

The Masterplan for the precinct has made provision for additional parking on-site and this has been reflected in the Development Application and approval. Notwithstanding the additional parking, the site will still not meet its parking demand on full operation and still relies on on- street parking. It is pointed out that the redevelopment of the site has not resulted in any increase in floorspace for the precinct (other than a toilet block).

The approved plans provided for 141 spaces made up from 88 spaces on-site and 53 spaces on-street.

During construction there was a need to modify the parking design as a result of the following changes:

• The property adjacent the Swanston Street access had not been acquired (assumed in the Masterplan) and this resulted in a reduction of 4 spaces in the Swanston St carpark.

• The level differences at the eastern end of the Swanston Street carpark resulted in a further reduction of 1 space as it became cost prohibitive to provide.

• The plans provided for the removal of the internal roundabout and the provision of 5 additional spaces. This has not occurred due to cost factors.

The net result is that the approved 141 spaces will be reduced to 131 spaces. This is still significantly greater than that that was originally provided.

To address this matter two options are available:

• Provide an additional 10 parking spaces or • Modify the consent to reflect the number of spaces provided.

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An initial investigation of the site has shown that a possible option for additional parking is the provision of 90 degree parking off the Swanston Street access road (between Swanston Street and the roundabout). This would involve retaining walls, footpath and some minor encroachment on the newly acquired property at 27 Swanston Street. It is estimated that this would cost in the order of $140,000 for the 10 spaces.

Alternatively a modification of the consent could be sought to address the shortfall. This will be subject to appropriate justification for the reduction being provided.

Given that the project has delivered a significant increase in the available parking for the precinct, the option of seeking a modification to the consent is proposed to be pursued.

RECOMMENDATION That: 1. The information contained in the report on Penrith Valley Cultural Precinct - Progress Report be received. 2. A S96 application be submitted to address a shortfall in parking from the approved plans as a result of project changes and site constraints.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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27 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, culture for overseas and interstate travel’ for the July – September 2009 quarter. 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 July – September quarter 2009 are listed below. 1) OVERSEAS DESTINATIONS ($200 NZ OR $300 overseas)

Sporting Donation $ Recipient/Suburb Event Destination Event Date Organisation Nichole McCook - Grand Prix of Eagles Ice Ice Skating $300.00 Nice, France March 2009 Penrith Skating Event Australia Prague, Australian Ray Debono - World Dragon Boat August $300.00 Czech Dragon Boat Cranebrook Championships 2009 Republic Federation Prague, Australian George Dimech - World Dragon Boat August $300.00 Czech Dragon Boat Cranebrook Championships 2009 Republic Federation Prague, Australian Rachel Mosen - St World Dragon Boat August $300.00 Czech Dragon Boat Clair Championships 2009 Republic Federation

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Sporting Donation $ Recipient/Suburb Event Destination Event Date Organisation Prague, Australian Fiona Gray - World Dragon Boat August $300.00 Czech Dragon Boat Erskine Park Championships 2009 Republic Federation Jessica Hamilton - World Dance California, $300.00 July 2009 Showcase St Clair Championships USA Australian Joshua Matheson - 7th International Pierre de Olympia, September $300.00 Olympic Glenmore Park Coubertin Youth Forum Greece 2009 Committee NSW Tertiary Student NSW Tertiary Mitchell Gardiner - Rugby League October $300.00 Serbia Student Rugby Londonderry Representative Team 2009 League Serbia Tour

2) INTERSTATE DESTINATIONS ($100 - QLD, VIC; $150 - SA, TAS; $200 - WA, NT)

Sporting Donation $ Recipient/Suburb Event Destination Event Date Organisation Claire Rutledge - 2009 Trampoline National September Gymnastics $150.00 Adelaide Emu Plains Championships 2009 NSW Bianca, Alexandra Australian Karate $450 South August NSW Karate & Eugenio Gallo - Federation National ($150 each) Australia 2009 Federation Londonderry Championships Ryan Balkin - 2009 Trampoline National September Gymnastics $150.00 Adelaide Cranebrook Championships 2009 NSW Isabella Turai - South Windsor 2009 Trampoline National September Gymnastics $150.00 Adelaide (member of a Championships 2009 NSW Penrith club) NSW Primary Mikaela Brenner – School Sports Australia September $100.00 Melbourne Schools Sports Erskine Park Netball Championships 2009 Association Krista Johnston - 2009 Trampoline National September Gymnastics $150.00 Adelaide Cranebrook Championships 2009 NSW Dzmitry Kachan - 2009 Trampoline National September Gymnastics $150.00 Bligh Park (member Adelaide Championships 2009 NSW of a Penrith Club) Emily, Hannah & Australia Goju $300 IKF International Koshiki November Claire Simpson - Brisbane Ryu Karate ($100 each) Federation World Titles 2009 South Penrith Academy Inc. Amy & Abaigail Australia Goju $200 IKF International Koshiki November Rossiter - South Brisbane Ryu Karate ($100 each) Federation World Titles 2009 Penrith Academy Inc.

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Sporting Donation $ Recipient/Suburb Event Destination Event Date Organisation Australia Goju $200 Braydan & Tannika IKF International Koshiki November Brisbane Ryu Karate ($100 each) Keaton - Penrith Federation World Titles 2009 Academy Inc. Australia Goju $200 Paige & Breeanna IKF International Koshiki November Brisbane Ryu Karate ($100 each) Taylor - Penrith Federation World Titles 2009 Academy Inc. Australia Goju $200 Eli & Ethan Gorski - IKF International Koshiki November Brisbane Ryu Karate ($100 each) South Penrith Federation World Titles 2009 Academy Inc. Yvette Colonna- Marrow - Lapstone Artistic Roller Skating October $100.00 Queensland Skate NSW (member of a National Championships 2009 Penrith club) Megan Arndell - St Indoor Netball National October Indoor Netball $150.00 Adelaide Clair Tournament 2009 NSW Andrew & $200 Artistic Roller Skating October Samantha Simms - Queensland Skate NSW ($100 each) National Championships 2009 St Clair Jake & Laura Beatty $200 Artistic Roller Skating October - Blaxland (member Queensland Skate NSW ($100 each) National Championships 2009 of a Penrith Club) Kathryn Christensen Artistic Roller Skating October $100.00 Queensland Skate NSW – South Penrith National Championships 2009 Taryn McCaffrey - School Sports Australia NSW Primary October $150.00 Claremont Touch Football Adelaide Schools Sports 2009 Meadows Championships Association School Sports Australia NSW Primary Jayde Fiorentino - October $150.00 Touch Football Adelaide Schools Sports Cambridge Park 2009 Championships Association School Sports Australia NSW Primary Robert Bird - October $150.00 Touch Football Adelaide Schools Sports Glenmore Park 2009 Championships Association 2009 Australian NSW Primary Connor Marsh - October $100.00 Paralympic Youth Games Melbourne Schools Sports South Penrith 2009 - Soccer Association

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 in the July to September quarter, the following is a summary of results achieved:

− NSW won Gold in the Australian Paralympics Youth Games for 7-A-side-soccer with Connor Marsh scoring 8 of the 11 goals for the tournament. Football NSW

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made the following comment “The stand out for the NSW team for the tournament was 13 year old Connor Marsh who plays for Penrith Soccer Club, with the Nepean District. Connor impressed from the very first match with a diving header to score and secure the teams opening match win against Victoria’

− Dzmitry Kachan became the National Tumbling Champion in the Senior International Men’s division after competing at the 2009 Trampoline National Championships. Other standout results from the event included Isabella Turai finishing second in the under-17 women’s, Ryan Balkin placing fourth in the under- 13 men’s and Krista Johnson placing sixth in the under-13 women’s divisions.

− Robert Bird – The NSW Touch Football Boy’s Primary School team won the School Sports Australia 2009 Championships that were held in Adelaide during October 2009.

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 be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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28 Floodplain Management Program 2009/2010 - Grant Offer

Compiled by: Ratnam Thilliyar, Stormwater Engineering Supervisor Authorised by: David Yee, Acting Design and Technical Advice 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 The purpose of this report is to advise Council of a grant offer under the Floodplain Management Program 2009/2010 from the New South Wales Government Financial Assistance Program for the Penrith Overland Flow Flood Study. The report informs that the offer has been accepted.

Background The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas, and ensuring that new developments are compatible with the flood hazard and do not create additional flooding problems in other areas. Under the Policy, the management of flood prone land remains the responsibility of local government. To facilitate this, the Government has published the NSW Floodplain Development Manual, to provide guidance to councils in the implementation of the Policy, and provides funding in support of floodplain management programs.

Council is currently undertaking major flood studies under the “Penrith Overland Flow Flood Study”. The studies include:

• Finalisation of Nepean River RMA2 Modelling • Update and Review of South Creek Flood Study • Detailed Overland Flow Flood Studies for Penrith CBD and St Marys (Byrnes Creek catchment).

These studies, together with the aerial photographs and contour information for the whole LGA, have been funded through an initial grant offer under the Flood Management Program commenced in 2002.

Under this program, these studies, and any subsequent studies for the Overland Flow sub catchments, are classed as “continuing projects”, giving them funding priority. Funding was being made available on a 2:1 (Government: Council) basis. The Department of Environment and Climate Change has made payments based on actual expenditure for the studies, allocated in each financial year, though separate grant allocations.

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Current Situation The Minister for Climate Change and the Environment, the Hon Carmel Tebbutt MP, has offered Council funding for the Floodplain Management Program 2009-2010. This is to cover the costs of the current round of studies under this year’s program. The amount of the grant offer is $45,000 with a funding ratio of 2:1 (State: Council). A funding allocation of $22,500 is required to match Council’s contribution to this grant offer.

Financial Services Manager’s Comments Matching funding for the grant application was included in a successful project evaluation bid during the development of the 2009-10 Management Plan and is therefore available within the current budget. There are no financial impediments to acceptance of the grant.

RECOMMENDATION That the information contained in the report on Floodplain Management Program 2009/2010 - Grant Offer be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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29 Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park

Compiled by: Mal Ackerman, Supply Co-ordinator Craig Ross, Major Projects Manager Authorised by: Craig Ross, Major Projects 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 Lenore Drive has been constructed to a four lane configuration from Erskine Park Road to the western boundary of the Fitzpatrick Investments Pty Ltd landholdings within the Erskine Business Park (EBP). Developments within the Fitzpatrick landholding will require an extension of the road for access.

The construction of Lenore Drive has been identified in the S94 for EBP and tenders have been called for the construction of the extension.

This report assesses the tenders and recommends a preferred contractor for the works.

Background The upgrading of Lenore Drive to a four lane divided road has been identified in the planning for EBP and the associated costs have been included in the S94 Plan for the estate.

Lenore Drive is the main industrial road within the estate and it also forms part of a Link Road to connect the estate to the M7, via Old Wallgrove Road (in Blacktown LGA).

Recent announcements have been made by the Minister for Planning on the development of the Link Road and the RTA is currently developing plans for the road for its construction to start in late 2010.

The extension of Lenore Drive, to service the developments in the Fitzpatrick Investments holdings, will form part of the Link Road and the designs have been carried to reflect this function and are to RTA standards.

The extension is for about 500m and will stop short of a proposed North-South connecting road to serve future developments to the south of the Pipeline.

The road reserve for the extension has been included in a plan of subdivision, however, at the time that the tender documents were prepared, the subdivision had not been registered and the road dedicated as a Public Road. To enable legal access for the contractor, a Deed for access has been developed between Council and Fitzpatrick Investments Pty Ltd. This Deed has been signed and included in the tender documents.

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Current Situation Tenders for the construction of Lenore Drive Erskine Park extension were advertised in The Sydney Morning Herald, Penrith Press and posted on the WSROC e tendering web site on 20th October 2009 and closed on 17 November 2009.

It was proposed in the Tender documents that Council will select one preferred Contractor to perform all of the specified works.

The tender specifications for the project were prepared by J.Wyndham Prince and tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

The scope of works included; • Construction of Approx 500 m of new four lane road pavement with median and cul- de-sac. • Construction of new intersection at the “Estate Road” but only up to the limit of works on the “Estate Road”. • Maintenance of existing access arrangements for both builders and trades associated with the adjacent building works. • Construction of new electrical reticulation works. • Traffic Management. • Streetscape. • OH&S Control & Management. • Soil & Water Management.

Tender Evaluation Panel A Tender Evaluation Panel has been formed to evaluate the submissions.

The Evaluation Panel involved Craig Ross (Major Projects Manager), Hans Meijer, City Works Manager and Robert Paluzzano (Capital Projects Coordinator). Mal Ackerman (Supply Coordinator) provided administrative assistance as well as overseeing the evaluation process.

Evaluation Process The process of evaluating all valid responses included the following; • Compliance with the Mandatory requirements • Capability assessment based on the tender evaluation criteria • Risk assessment including referee checks & financial assessment

Evaluation Criteria Prior to the closing of the tender, evaluation criteria and weightings were established by the Evaluation Panel. Criteria considered relevant to the selection process and specified in the tender document included:

Mandatory Criteria • RTA R5 Accreditation

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Commercial Risk Requirements • Insurances • Conflict of interest • Compliance with Contract terms • References • Financial Capacity

Demonstrated Capability • Experience • Capability & Capacity • Qualifications & Resources

Management and Administration Criteria • Occupational Health & Safety and Public Liability Management • Company Resources and Personnel • Industrial Relations • Quality Assurance System • Environmental Management System

Summary of Responses Received A total of five submissions were received from the following contractors:

• Burton Contractors Pty Ltd • AWJ Civil Pty Ltd • Nace Civil Engineering Pty Ltd • Ford Civil Contracting P/L • Aquarius Transport Group Ltd

Initial Compliance Assessment The responses received from Aquarius Transport Group Ltd indicated that they did not meet the necessary mandatory criteria. Also they did not submit a complete response offering mainly plant only. As a result, they were excluded from any further evaluation.

The response from AWJ Civil Contracting Pty Ltd indicated that, whilst they had not yet received formal accreditation to the required level (R5) from the RTA, they had correspondence from the Authority advising that their accreditation was being processed and that the company would be acceptable to the RTA for this particular project. This matter was discussed with the RTA and advice was received that the company would not gain the full accreditation to R5 classification by the relevant time. On this basis their tender was excluded from the final evaluation process.

Capability Assessment

The remaining three tenders were assessed against the evaluation criteria based on their written submissions. All remaining tenderers demonstrated their capacity and capability in performing the specified works and all have a very good industry track record in the performance of similar works.

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Cost analysis

Tenderers were requested to provide a breakdown of costs for three key elements. The table below shows the tendered prices for each element and an overall total excluding GST.

Schedule C Civil Electrical Landscape Provisional Overall Tenderer Works Works Works Items Total Burton Contractors Pty Ltd 1,872,816 144,879 56,585 245,026 2,319,306 Nace Civil Engineering Pty Ltd 2,191,473 121,700 58,694 217,558 2,589,425 Ford Civil Contracting Pty Ltd 2,663,376 250,319 30,636 263,620 3,207,951

An independent consultant has costed the project at $2,435,500.

Following the price evaluation it was determined by the Evaluation Panel that the following tenders be short listed for further analysis including referee checks and financial capacity to undertake the works.

• Burton Contractors Pty Ltd • Nace Civil Engineering Pty Ltd

The Evaluation Panel was of the view that that there was no advantage to Council in further considering the higher priced tender received from Ford Civil Contracting Pty Ltd.

Financial and Referee Checks Third party referee checks were carried out on the two short listed companies. In both cases reports indicate a sound to strong financial position and a good to superior level of performance and customer satisfaction.

Financial Manager’s Comments These works have been identified in the Erskine Business Park S94 Plan. Funds are available in the account to cover the cost of the contract.

An allocation of $2m has been included in this year’s budget in anticipation of starting this project.

Tender Advisory Group The Tender Advisory Group, comprising the Group Manager~Infrastucture, Group Manager~Legal and Governance and the Group Manager~Finance, has reviewed the Tender Report and is of the opinion that the methodologies, assessment and recommendations made were sound.

Conclusion The Evaluation Panel considered that the tender from Burton Construction Pty Ltd offered the best cost effective outcome for the project and are recommended.

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The company is based in Homebush NSW and has been established in the industry for over 35 years. They are well equipped and have a strong technical team as well as experienced and skilled project management staff.

Burton Construction Pty Ltd is familiar with the site as they have previously carried out major civil works in Erskine Park including the construction of the first stage of Lenore Drive in 2005.

The independent Financial and Referee checks indicate that they are more than capable of performing the works and are recommended as the preferred contractor for the works.

RECOMMENDATION That: 1. The information contained in the report on Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park be received. 2. The tender for the construction of Lenore Drive be awarded to Burton Contractors Pty Ltd for the contract sum of $2,319,306 including an amount of $245,026 for the provisional items (excluding GST).

ATTACHMENTS/APPENDICES There are no attachments for this report.

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30 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment

Compiled by: Mal Ackerman, Supply Co-ordinator Graham Howe, Building Projects Co-ordinator 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 This report advises Council on the outcome of a Tender for Supply and Installation of Pool Water Heating equipment for the Ripples Aquatic Centre.

A total of 4 tender responses were received and following a review of the tenders by the Evaluation Panel a determination was made to recommend the tenderer that would represent the best value for money to Council. The companies that submitted a response to the tender were as follows;

Goldman Plumbing Services Pty Ltd, Solarwise NSW Pty Ltd, Swimplex Projects Pty Ltd and Trisley's Hydraulic Services Pty Ltd.

Based on the evaluation criteria, independent risk analysis and best overall value for money, the Evaluation Panel is recommending that the contract for the Supply and Installation of Pool Water Heating equipment for the Ripples Aquatic Centre be awarded to Trisley’s Hydraulic Services Pty Ltd for a lump sum fixed cost of $317,940 (ex GST) including the option for increased plant capacity.

Background Council allocated funds for major asset renewal works at Ripples Aquatic Centre, which included the upgrading of the pool water heating.

Tenders for the Supply and Installation of Pool Water Heating Equipment for Ripples Aquatic Centre were advertised in the Penrith Press, Sydney Morning Herald, and placed on the e tendering web site on 6 October 2009. Tenders closed on Tuesday, 27 October 2009.

It was proposed in the Tender documents that Council will select one preferred Contractor to perform all of the specified works.

All prospective tenderers were required to attend a pre-tender briefing and site inspection on Thursday, 15 October 2009. Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

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The technical specifications for this project were prepared by independent consultants Stephenson & Associates. The scope of works for the project included the removal of existing equipment, supply and installation of new pool water heating equipment, all associated building works, pipe work, cabling, valves and fittings, painting and labelling, client operator training, testing, commissioning and provision of an installed drawings and operator manuals.

Provision was also included for an optional increase in the Plant’s capacity. This was to allow for redundancy in the heating system (if one compressor was out of action or being serviced the system would be capable of maintaining water temperature) plus the additional capacity for maintaining water temperature during extreme conditions, and the flexibility to extend the operating periods for the outdoor pools.

Tender Evaluation Panel The Tender Evaluation Panel consisted of Mal Ackerman (Supply Co-ordinator), Graham Howe (Building Projects Coordinator) and Erik Hendrickson (General Manager-Ripples).

Tender Evaluation Criteria The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents. The selection criteria advertised and used in selecting the successful tenderers were as follows: • Demonstrated ability & experience in the supply and installation of similar projects. • Project Completion times. • Demonstrated Compliance with Specified Requirements • Product Guarantees • Project Cost –The Lump Sum Tender Price • Other Cost impacts • Occupational Health & Safety and Public Liability Management. • Industrial Relations • Quality Assurance System. • Environmental Management System.

Summary of Tenders Received A total of 4 submissions were received in response to the advertised tender as follows:

• Goldman Plumbing Services Pty Ltd • Solarwise NSW Pty Ltd • Swimplex Projects Pty Ltd • Trisley's Hydraulic Services Pty Ltd

The tender submitted by Trisley's Hydraulic Services Pty Ltd was lodged prior to the closing time for tenders and their tender was lodged via the WSROC e tendering web site (electronic tender box) as per the instructions stated in the tender. However, their tender was lodged in the The Hills Shire Council electronic tender box in error (that Council had a tender closing at the same time). The evaluation panel were not advised of this until the day following the close of tenders, a letter was provided by The Hills Shire Council confirming that there was no interference in the tender process and the tender opening was conducted in accordance with the required regulations. On this basis the evaluation panel in consultation with

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Council’s Legal Officer determined that the tender received from Trisley's Hydraulic Services Pty Ltd be accepted and included in the evaluation process.

Evaluation of Offers Technical Compliance All tenders were assessed against the evaluation criteria based on their written submissions; all tenders submitted met all of the technical requirements. Although Solarwise NSW Pty Ltd offered alternate pumps to the type specified in the tender, it was clearly demonstrated that the equipment was capable of meeting the output requirements.

Tenderer’s Capability Trisley's Hydraulic Services Pty Ltd They have completed a large number of similar projects and have a very good industry record. They have been performing this type of work in the pool industry since 1967 and have specialised in the commercial pool installations on a full time basis since 1994. They are also Quality accredited and have a fully accredited environmental system. They met all of the requirements

Swimplex Projects Pty Ltd They have also completed a large number of similar projects and have a very good industry record having performed this type of work for over 20 years. Although they do not have third party Quality Accreditation they would be capable of satisfactorily completing the specified works.

Solarwise NSW Pty Ltd They have also completed a large number of similar projects and have a very good Industry track record having performed this type of work over a period of 8 years. Although they do not have third party Quality Accreditation they would be capable of satisfactorily completing the specified works.

Goldman Plumbing Services Pty Ltd They demonstrated they would be capable of performing the work however; are not as experienced in these types of projects as the other three (3) tenderers.

Price Evaluation The following table shows the tendered lump sum prices from lowest to highest.

Options Overall Lump Sum (Increased plant Total (Ex Tenderer Tendered Price capacity) GST) Trisley's Hydraulic Services Pty Ltd 276,990 40,950 317,940 Swimplex Projects Pty Ltd 278,500 49,000 327,500 Goldman Plumbing Services Pty Ltd 334,056 39,880 373,936

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Solarwise NSW Pty Ltd 392,000 35,000 427,000

Summary Although all companies demonstrated their capability in completing the specified works in accordance with the requirements, the tender submitted by Trisley's Hydraulic Services Pty Ltd represents the best overall value to Council and is recommended for acceptance. They have a proven track record in the industry and submitted the lowest tender. The option for increased plant capacity is also recommended to cater for higher load periods, flexibility in operation and the ability to extend the operating periods for the outdoor pools.

Lifecycle Costs and Sustainability Improvements The existing pool water heating system is at the end of its serviceable life and it was identified in Council’s Energy Savings Action Plan 2007 as requiring replacement due to utilisation of old technology and high energy consumption. The Energy Savings Action Plan recommended that more energy efficient heat pumps be used with estimated saving of $39,000p.a and 147tonnes of greenhouse gases. The capacity of the equipment specified and offered by each of the tenderers is consistent with that identified in the Energy Savings Action Plan, therefore similar savings should be achieved.

The following indicative maintenance costs have been provided by the manufacturer of the heat pumps (Accent Air owned by Rheem Australia) and are based on a 15 year lifespan for the equipment. It should be noted that three of the tenderers proposed to use this equipment and the fourth tenderer Solarwise NSW Pty Ltd manufacture their own, however similar maintenance costs would be predicted as they complied with the technical specification. These costs will be appropriately reflected in Ripples’ operational budget and in Council’s Asset Management System and long term budget plans for this facility.

Item Annual Cost Cost over 15 years Quarterly servicing $4,800 $72,000 Consumables at servicing $1,600 $24,000 Break-down callouts $1,200 $18,000 Compressor replacement (allow 2 per unit over 15 years) $10,000 Heat exchanger (allow 1 per unit over 15 years) $7,200 Fan replacement (allow 4 per unit over 15 years) $3,200 Flow switch replacement (allow 1 per unit over 15 years) $1,600 De’ice control (allow 1 per unit over 15 years) $1,600 Total $137,600

Financial Analysis A third party financial analysis check was conducted for the recommended tenderer. There were no adverse finding and the tenderer demonstrated strong financial capacity to undertake the works.

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Referee Checks Third party referee checks were carried out on the recommended tenderer. In all cases reports indicate a very good to superior level of performance and customer satisfaction

Comment by Tender Advisory Group (TAG) The Group Manager ~ City Infrastructure, the Group Manager ~ Legal and Governance and the Acting Executive Officer discussed the merits of the tenders received and the process used to evaluate the tenders. Additional information was requested from the Council’s Building Projects Co-ordinator regarding the indicative lifecycle costs for operating the pool heating equipment which has been incorporated within this report. The members of the TAG support the recommendation made.

Financial Services Manager’s Comments Council has allocated $1.5m for the building asset renewal of Ripples in the 2009-10 Operational Plan. The supply and installation of the water heating equipment at Ripples will be funded from these allocated funds.

RECOMMENDATION That: 1. The information contained in the report on Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment be received. 2. A Contract for the Supply and Installation of Pool Water Heating Equipment be awarded to Trisley's Hydraulic Services Pty Ltd for the lump sum fixed cost of $317,940 (ex GST) including the options for increased plant capacity.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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A VIBRANT CITY

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URGENT REPORTS

DELIVERY PROGRAM REPORTS

CONTENTS

Item Page

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31 Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services

Compiled by: Mal Ackerman, Supply Co-ordinator Murray Halls, Public Domain Co-ordinator Authorised by: Yvonne Perkins, Public Domain Amenity and Safety Manager

Strategic Objective: Our public spaces encourage safe and healthy communities Strategic Direction: Council’s assets are managed to ensure risks are minimised

Executive Summary A new tender for the provision of Graffiti Paint Out and Removal/Cleaning Services, from private property accessible from public space, for a two (2) year period, with an option to extend for a further one (1) year period, allowing for rise and fall provisions, was advertised on 20 October 2009 and closed on 17 November 2009.

The report advises Council of the outcome of the tender process and recommends that the following companies are placed on the panel of approved suppliers for Graffiti Paint Out & Graffiti Removal/Cleaning, for a period of two (2) years with an option to extend for a further one (1) year period, allowing for rise and fall provisions with Jetmaster Pty Ltd (Trading as 1800 No Graffiti) as the preferred (primary) supplier and NT Barnes Pty Ltd (Trading as Wundaguard), Techni-Clean Australia Pty Ltd, and Urban Maintenance Systems Pty Ltd as the preferred secondary (back up) suppliers.

Current Situation New tenders for the provision of Graffiti Removal Services for a two (2) year period with an option to extend for further one (1) year period allowing for rise and fall provisions were advertised on 20 October 2009 and closed on 17 November 2009.

It was proposed in the Tender documents that Council would select one primary contractor and two secondary contractors to perform all of the specified services. The secondary contractors would only be engaged in the event that the primary contractor failed in its obligations. Where a specific single project (greater than $2000 in value) can be identified, all three companies may be invited to submit a quotation, with the work being awarded to the company offering the best price.

The tender requires the delivery of services comprising painting out graffiti and graffiti removal, along with detailed reporting and provision of before and after photographs of the affected areas. Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

Tender Evaluation Committee The Tender Evaluation committee consisted of Mal Ackerman (Supply Coordinator); David Burns (Group Manager City Presentation);Yvonne Perkins (Public Domain & Amenity Safety Manager) and Murray Halls (Public Domain Coordinator).

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Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful Tenderers were: • Demonstrated ability in meeting the supply of services required • Compliance to specified requirements • Response times • Conformance to standards • The rates and unit prices for the services specified • Rise and fall provisions • Financial Capacity • Office support systems • Environmental Management System • Industrial Relations • Occupational Health & Safety and Public Liability Management • Quality Control

Summary of Tenders Received A total of 17 offers were received from the following suppliers (listed in alphabetical order) in response to the advertised tender. • AAD Cleaning Service • ARCS Building Group • Bay Maintenance Pty Ltd • Blast Floors Pty Ltd • Blast It Clean it Paint It • Challenger Cleaning Pty Ltd • Jetmaster Pty Ltd (Trading as 1800 No Graffiti) • Knockout Graffiti Pty Ltd • Natural Graffiti Solutions • NT Barnes Pty Ltd (Trading as Wundaguard) • Peter Day Pty Ltd • Professional Installation Group Pty Ltd • Techni-Clean Australia Pty Ltd • The Graffiti Eaters Pty Ltd • The Graffiti Specialists • Urban Maintenance Systems Pty Ltd • Workzone Pty Ltd

Of the 17 offers the submissions received from Professional Installation Group Pty Ltd was lodged in a file format that was unreadable. Assistance was sought from Council’s Information Management and Technology Department who advised that the submission contained no valid information to enable the assessment of the tender and hence this tender was not considered further.

Criteria Evaluation Following the evaluation of the remaining sixteen (16) tenders the Tender Evaluation Committee determined that all sixteen (16) tenderers demonstrated compliance with each of the evaluation criteria.

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Price Evaluation Prices were requested for Removal of Graffiti- Painting Out and Removal of Graffiti- Cleaning from a range of infrastructure and surface types, eg, colour bond fence, timber fence, rendered, concrete and brick surfaces, etc.

For each component tenderers were requested to provide unit rates for work performed during normal hours with no minimum charges or set up costs.

The table below ranks from lowest to highest the unit rates for each component. In some cases, depending on the surface type, companies submitted variable rates. For the purpose of this table the average rate for “all surfaces” is used.

To enable a full comparison and impact of the unit rates submitted, a total annualised cost for each tenderer has been calculated based on the current ratio of 80% paint out and 20% removal (cleaning) that was achieved for graffiti removal in 2008/2009.

In 2008/2009 approximately 66,000 square metres of graffiti was removed from private property 54, 000 square metres paint out and 12,000 square metre removal/cleaning). These quantities have been used to calculate an estimated total annual cost for each tenderer as shown in the table below.

The table below ranks from lowest to highest the annualised cost for each tenderer.

Overall Unit Prices Annualised Cost Total Paint Tendering Entity Remove out Remove Paint out Annualised Jetmaster Pty Ltd Trading as1800 No Graffiti 8.10 4.35 97,200 234,900 332,100

NT Barnes Pty Ltd (Wundaguard) 10.00 6.00 120,000 324,000 444,000

Techni-Clean Australia Pty Ltd 10.00 6.00 120,000 324,000 444,000 Urban Maintenance Systems Pty Ltd 10.00 6.00 120,000 324,000 444,000

The Graffiti Specialists 11.97 5.98 143,640 322,920 466,560 AAD Cleaning Service 20.90 4.00 250,800 216,000 466,800 The Graffiti Eaters Pty Ltd 7.00 7.50 84,000 405,000 489,000

Knockout Graffiti Pty Ltd 16.00 6.00 192,000 324,000 516,000

Workzone Pty Ltd 9.50 8.50 114,000 459,000 573,000

Bay Maintenance Pty Ltd 9.50 10.50 114,000 567,000 681,000

Natural Graffiti Solutions 15.00 10.00 180,000 540,000 720,000

Blast Floors Pty Ltd 5.00 20.00 60,000 1,080,000 1,140,000

Challenger Cleaning Pty Ltd 35.00 15.00 420,000 810,000 1,230,000

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ARCS Building Group 32.00 27.00 384,000 1,458,000 1,842,000

Blast It Clean it Paint It 135.00 70.00 1,620,000 3,780,000 5,400,000

Peter Day Pty Ltd 75.00 85.00 900,000 4,590,000 5,490,000

Based on the compliance and costs rankings, the following tenderers were short listed for further analysis including Financial Health Checks and Referee Checks:

• Jetmaster Pty Ltd (Trading as1800 No Graffiti) • NT Barnes Pty Ltd (Trading asWundaguard) • Techni-Clean Australia Pty Ltd • Urban Maintenance Systems Pty Ltd

Based on the prices submitted there was no clear advantage to Council further considering any of the remaining tenders.

Jetmaster Pty Ltd (Trading as 1800 No Graffiti) They are a national company with an office and base in Seven Hills and Willoughby, NSW providing similar services to a number of clients including Woolworths, Commonwealth Bank, Lane Cove Council and Mosman Council and have been in operation for over 17 years.

They demonstrated that they meet all of the specified requirements.

They are proposing to provide access to a fleet of three (3) vehicles. They pay their staff above the rates of the NSW State Award (116) - Cleaning Services.

NT Barnes Pty Ltd (Trading as Wundaguard) They are based in Bargo, NSW and they have over 15 years industry experience in graffiti removal (Paint Out & Clean). They have three to five fully equipped vehicles for use in Penrith LGA. They have been removing graffiti in the Penrith LGA for Penrith City Council for over a period of two years and are Council’s current preferred contractor. They pay their staff in accordance with NSW State Award (116) - Cleaning Services. The services provided during this period have been more than satisfactory. They met all of the specified requirements.

Techni-Clean Australia Pty Ltd They are based in Penrith and have extensive experience in graffiti removal (Paint Out & Clean), and have been removing graffiti in the Penrith LGA for over four years for Sydney Water and were selected on the previous tender as the second preferred provider of this service. Prior to being placed on the approved panel of contractors on the last tender they provided specific Graffiti removal services for Penrith City Council. They pay their staff in accordance with NSW State Award (116) - Cleaning Services.

The services provided have been satisfactory and they met all of the specified requirements.

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Urban Maintenance Systems Pty Ltd They are based in Auburn, NSW and have been in operation since 1995 providing similar services to City of Sydney Council over a period of 7 years and Marrickville Council for the past 2 years. They also have an operation in Victoria and demonstrated that they meet all of the specified requirements. They pay their staff in accordance with a registered Enterprise Bargaining Agreement.

Referee Checks Third party referee checks were carried out on the short listed companies. In all cases reports indicate a very good to superior level of performance and customer satisfaction.

Conclusion All four (4) companies short listed have demonstrated their capability in providing the specified services and have a wide range of experience in carrying out the services. Jetmaster Pty Ltd (Trading as 1800 No Graffiti) has submitted the best value rates and has the necessary experience to carry out the required graffiti removal service and is recommended as the primary supplier for graffiti removal and paint out.

As previously advised two (2) secondary contractors were also going to be selected for graffiti removal services and engaged in the event that the primary contractor failed in its obligations.

As the remaining three (3) short listed tenderers all demonstrated their capability in performing the services and all three (3) tenderers submitted the same unit rates for Paint Out and Removal it is recommended that NT Barnes Pty Ltd (Trading as Wundaguard), Techni- Clean Australia Pty Ltd, and Urban Maintenance Systems Pty Ltd be selected as the secondary suppliers of graffiti removal services and offered work on an equitable basis if the primary supplier is unavailable or is in default of its contract obligations.

Tender Advisory Group Comments The Tender Advisory Group, comprising Group Manager ~ Legal and Governance and Acting Executive Officer, has reviewed the Tender Report and is of the opinion that the methodologies, assessment and recommendations made were sound.

RECOMMENDATION That: 1. The information contained in the report on Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services be received. 2. The following companies be placed on the panel of approved suppliers for Graffiti Paint Out & Graffiti Removal/Cleaning, for a period of two (2) years

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with an option to extend for a further one (1) year period, allowing for rise and fall provisions with Jetmaster Pty Ltd (Trading as 1800 No Graffiti) as the preferred (primary) supplier and NT Barnes Pty Ltd (Trading as Wundaguard), Techni-Clean Australia Pty Ltd, and Urban Maintenance Systems Pty Ltd as the preferred secondary (back up) suppliers.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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COMMITTEE OF THE WHOLE

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday November 30 2009

Item Page

1 Presence of the Public 1

2 Provision of Council's external legal services 2

3 Personnel Matter - Senior Staff Matters 2

Ordinary Meeting 30 November 2009 A Leading City

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

Corporate Governance Page 1 Ordinary Meeting 30 November 2009 A Leading City

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

A City of Opportunities

3 Personnel Matter - Senior Staff Matters This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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ATTACHMENTS

Date of Meeting: Monday 30 November 2009 Delivery Program: A City of Opportunities Issue: We have access to what we need Report Title: Contracts of Employment for Senior Staff Attachments: DLG Circulars to Councillors Legal Officer's comparison of contracts Standard contract of employment - General Manager Standard contract of employment - Senior Staff Section 335 of the Local Government Act 1993

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ATTACHMENTS

Date of Meeting: Monday 30 November 2009 Delivery Program: A City of Opportunities Issue: We have access to what we need Report Title: Seniors Week 2010 Attachments: Seniors Week Grant Applications 2010

Ordinary Meeting 30 November 2009 Attachment 1 - Seniors Week Grant Applications 2010

PENRITH CITY COUNCIL

2010 SENIORS WEEK GRANT APPLICATIONS

ORGANISATION ACTIVITY Requested COMMENTS Recommended Amt Amount

1 ST MARYS & Memories Fashion Show & Morning DISTRICT Tea HISTORICAL SOCIETY INC. Parade of Fashion from 1804 to 1980’s $680 The Fashion show and morning tea $350 and includes an old fashion morning will promote to “Chambers” building to tea. Invitations will be sent members of the public, whilst helping keep the Historical Society and to all Seniors memories alive of the wonderful Groups and Newspapers. Participants fashion and history of the St Marys will be encouraged to come in old area. fashion fancy dress. With a reduction in some expenses Date: Wednesday, 24th March 2010 the proposed numbers can still enjoy Venue:: Chambers Building the event. Proposed Numbers: 100+

2 WERRINGTON Live Life Longer

ELDERLY CARE

A one day event for frail aged, vision $450 This group relies on volunteers to $350 impaired and seniors with a disability. support the many group members that There will be indoor games and have limited capabilities. activities organised by volunteers The group is making a significant suitable for the group’s capabilities. contribution of their own funds and Morning Tea and a hot lunch & resources including providing transport will be provided. transport.

Date: 26 March 2010 Venue: Penrith Senior Citizens Centre

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Proposed Numbers: 40 +

3 ANGELS OF Outing for the Isolated Aged (Coptic

MERCY WELFARE Orthodox Community) SERVICES INC. This application did not meet the Isolated aged will have a sight seeing tour around city of Cronulla, morning tea $500 funding criteria insofar as it is an Nil

at alfresco café, beach walk, games, activity outside the Penrith LGA. prizes and lunch at Cronulla RSL.

Date: 23 March 2010 Venue: Cronulla RSL Club/Sight seeing tour Proposed Numbers: 25 4 MOUNTAINVIEW A celebrative Birthday Party & Soiree RETREAT RETIREMENT A party in celebration of Active Ageing. $500 Good mix of passive and active $300 VILLAGE The event will showcase residents skills interaction. The event will be created and abilities as they create and and produced by older residents as implement a festive, aristocratic event they LIVE LIFE today. The birthday set in the 19th century society in party will provide invaluable celebration of the 200th anniversary of memories, conversation and social Chopin’s and Schumann’s birth. Many interaction which are a proven source of the seniors will be involved in making of active ageing. Senior Groups, U3A, period costumes, cooking and Legacy and residents of the village will decorating the venue etc Formal be sent formal invitations created by Invitations and programmes in the residents to attend the celebration. calligraphy will be produced. Careful consideration has been given th Date: Friday March 26 at 6pm in planning for this celebration which Venue: Mountainview Retreat involves many of the residents. Retirement Village, Penrith Visitors Centre Proposed Numbers: Up to 80

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5 ST CLAIR Seniors Colonial Luncheon

CATHOLIC PARISH – Seniors, Disabled Colonial Luncheon with historical $1000 Project involves a number of $400 & Friends Outreach presentation of the area and a talk on Group partnerships and with a reduction in living well. Gathering of seniors and some expenses the proposed

frail aaged from St Clair, Erskine Park, numbers can still enjoy the luncheon. St Marys LGA for light lunch and discussion and sharing by senior residents from different cultural backgrounds.

Date: Thursday 19 March Venue: Holy Spirit Church & Primary School and Mamre Homestead Proposed Numbers: 60 - 70

6 UNIVERSITY OF Seniors Education Open Day THE THIRD AGE At the centre of the days programme $1,000 Very good application with many $500 would be class demonstrations, videos, opportunities for active participation refreshments (tea, coffee, cakes etc.), a and interaction between the seniors presence of Tutors and volunteers and the broader community. available to offer information and answer queries about the full range of With a reduction in some expenses activities available to members. the proposed numbers can still enjoy the Open Day activity. Date: Wednesday 24 March Venue: Penrith School of Arts, 3 Castlereagh Street Penrith Proposed Numbers: Estimate of up to 250

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7 LONDONDERRY Grandparents Day

PUBLIC SCHOOL Several Events will take place: $750 Very good application with a variety of $500 1. Choir to visit local activities and many opportunities for Neighbourhood Centre to interaction between the students and the seniors. perform at the Community Restaurant also participate with seniors in card games etc. With a reduction in some of the 2. Maths Morning – Grandparents activity expenses the proposed and older members of numbers can still enjoy Grandparents community invited into Day at the School. classroom to join in Maths Games with students. 3. Community Dancing – Grandparents etc will be invited to special assembly and dance with their families. 4. Luncheon for “Grandparents” – light refreshments offered.

Date: 23 March 2010 Venue: Londonderry Public School Proposed Numbers: 200 8 OXLEY PARK Grandparents Day

PUBLIC SCHOOL Grandparents will be invited to the $1,000 Very good application that meets all

school for a special day with their funding criteria with many $500 grandchildren, aimed at involving them opportunities for interaction between in school life and valuing their the students and the seniors.

contribution. Activities will involve classroom displays, special assemblies, With a reduction in some activity art competition and BBQ lunch with the expenses the proposed numbers can children. still enjoy Grandparents Day at the

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School. Date: 26 March 2010 Venue: Oxley Park Public School Proposed Numbers: 250 9 ST CLAIR YOUTH Seniors Showcase

and NEIGHBOURHOOD The event will be an artistic showcase, $500 A very good, cost effective application $400 TEAM displaying the skills and contribution that meets all the funding criteria. that the senior community contributes to St Clair and surrounding areas. This Good partnership with the local high will involve presenting artworks from school and primary school. varying mediums, and from varying senior groups, to showcase a collection of creativity, capacity and lifelong With a reduction in some expenses contribution in the community. A the proposed numbers can still enjoy catered lunch will be provided by the the showcase. High School and a performance by local primary school choir. Centrelink and other relevant stalls will provide information on services.

Date: Tuesday 23 March 2010 Venue: Autumnleaf Neighbourhood Centre St Clair Proposed Numbers: 50 10 AUSTRALIAN “More Stories by the River”

STORYTELLING A storytelling program with 3 $1,000 Good opportunities to interact with $600 GUILD (NSW) Inc storytellers. The stories will portray younger members of the community. seniors in a positive way and focus on Builds on partnerships with local

their contribution to the community. primary schools.

Groups from 2 local primary schools have been invited to participate. The event will conclude with morning tea

Date: Tuesday 23 March 2010

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Venue: Penrith Regional Gallery and Lewers Bequest

Proposed Numbers: 40 Adults + 10 children 11 WERRINGTON Seniors Morning Tea

COMMUNITY

PROJECT INC. Seniors groups who are supported by $900 Positive partnerships between a $400 the project (Werrington Toupers, The number of seniors groups. Projects Wanderers, Seniors Arts & Craft group supports networking. and North Penrith Seniors group) will be

invited to a morning tea with With a reduction in some expenses entertainment to celebrate their the proposed numbers can still enjoy contribution to the community and the luncheon. increasing their social network by meeting together. Information on relevant services groups and activities will also be available. Schools will be invited to attend.

Date: 22 March 2010 Venue: Namatjira Neighbourhood Centre Proposed Numbers: 90 12 SPYNS INC. Connecting with our Past

Luncheon in the 1820’s Mamre $1000 The Luncheon will provide an $500 Homestead for 60 seniors which will opportunity for all the groups encompass a tour of the historic supported by SPYNS to get together grounds. Entertainment will be provided and socialize, targetting by the Aboriginal Making tracks primary disadvantaged seniors. school children. All seniors attending will be asked to bring a recipe from their With a reduction in some expenses

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childhood which will be compiled into a the event will still be a success. booklet for distribution to local libraries/services. Date: 23rd March 2010 Venue: Mamre Homestead, St Marys Proposed Numbers: 60

13 Claremont Sharing Moments in Life’s

Meadows Public Experience

School

Positive partnership project in local Members of the Seniors Community will $900 $400 be invited into the school to share a community involving grandparents and some other seniors. practical learning experience with students, a school assembly recognizing the experience and Cost of morning tea is very high and contribution seniors have to offer and a will be reduced by receiving donations healthy morning tea shared with the through the school. whole community. The focus of the day

is to enhance the acceptance and

importance that the aged community have in skills to teach, stories to tell and values to share with youth of the children at the school.

Date: 25 March 2010 Venue: Claremont Meadows Public School. Proposed Numbers: Up to 800 14 North St Marys Living Life to the Full

Neighbourhood Centre Celebrate and showcase the $800 Project involves a number of $500

achievements and contributions of older partnerships in bringing seniors and people who are active in their local young people and children together. Neighbourhood Centre. This will be done by displaying photo stories of their

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contribution to their neighbourhood. This group is making a contribution of Seniors will be able to participate in a their own funds to ensure success of free Tai Chi or Heartmoves class. The the project. centre’s Pre school will entertain during morning tea. Links to Learning Students will serve lunch and encourage stories from the seniors which together with the photos will be put together into a brochure and forwarded to everyone who attended.

Date: 24th March, 2010 Venue: North St. Mary’s Neighbourhood Centre Proposed Numbers: 50

15 Anglicare Seniors’ Expo

Seniors Expo will be held at Panthers $1,000 Good Application and innovative, a $800 Penrith. Expo will be held in large function room for 40+ exhibitor stalls of number of partnerships involved. local community service orgs, both Project demonstrates capacity to commercial & not-for-profit. These effectively promote the Expo. services will provide support to seniors living in their own homes.

Date: Monday 22 March 2010 Venue: Panthers Penrith Proposed Number: 400+ Available Funds: $ 6,500.00 Total Requests for Funds: $11,980.00

Final Allocation $ 6,500.00

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ATTACHMENTS

Date of Meeting: Monday 30 November 2009 Delivery Program: A Green City Issue: We use our resources wisely, and take responsibility for our levels of consumption Report Title: Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo Attachments: Development Plans

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ATTACHMENT

Date of Meeting: 4th February 2008

Master Program: Leadership and Organisation

Issue: Providing Capacity

Report Title: 2007-2008 Voted Works