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PART ELEVEN Reports of the Planning and Environment Committee Meeting held at 7.30pm on Tuesday, 8 December 2009. APOLOGIES ACKNOWLEDGEMENT OF LAND DECLARATIONS OF INTEREST Pecuniary Interests Non Pecuniary – Significant Interests Non Pecuniary – Less than Significant Interests ITEM TITLE PAGE PART ONE 1. WASTE AND RECYCLING SERVICES No reports this round 2. ENVIRONMENTAL PLANNING 2.1 Draft Cumberland Plain Recovery Plan 2.2 Hurlstone Agricultural High School - Inquiry Report 2.3 Draft Community Environmental Education Strategy 2.4 Macarthur South - Response from NSW Government Planning 2.5 Carbon Neutral Fisher's Gig 2.6 Macarthur Nature Photography Competition 2.7 Potential Release of the East Leppington Precinct (South West Growth Centre) 2.8 Environmental Assessment for the Bulli Seam Operations Part 3A Application PART TWO 3. DEVELOPMENT SERVICES 3.1 Development Services Section Application Statistics - November 2009 3.2 Nos. 44-46 Westmoreland Road, Minto - Demolition of existing structures and construction and use of a new mosque and additions to existing school (Attachments 1to 6 included) PART THREE Attachments 7 to 11 to Nos. 44-46 Westmoreland Road, Minto - Demolition of existing structures and construction and use of a new mosque and additions to existing school

City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

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Page 1: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

PART ELEVEN Reports of the Planning and Environment Committee Meeting held at 7.30pm on Tuesday, 8 December 2009. APOLOGIES ACKNOWLEDGEMENT OF LAND DECLARATIONS OF INTEREST Pecuniary Interests Non Pecuniary – Significant Interests Non Pecuniary – Less than Significant Interests

ITEM TITLE PAGE

PART ONE

1. WASTE AND RECYCLING SERVICES

No reports this round

2. ENVIRONMENTAL PLANNING

2.1 Draft Cumberland Plain Recovery Plan

2.2 Hurlstone Agricultural High School - Inquiry Report

2.3 Draft Community Environmental Education Strategy

2.4 Macarthur South - Response from NSW Government Planning

2.5 Carbon Neutral Fisher's Gig

2.6 Macarthur Nature Photography Competition

2.7 Potential Release of the East Leppington Precinct (South West Growth Centre)

2.8 Environmental Assessment for the Bulli Seam Operations Part 3A Application

PART TWO

3. DEVELOPMENT SERVICES

3.1 Development Services Section Application Statistics - November 2009

3.2 Nos. 44-46 Westmoreland Road, Minto - Demolition of existing structures and construction and use of a new mosque and additions to existing school (Attachments 1to 6 included)

PART THREE

Attachments 7 to 11 to Nos. 44-46 Westmoreland Road, Minto - Demolition of existing structures and construction and use of a new mosque and additions to existing school

Page 2: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

PART FOUR

3.3 Lot 291 DP1135417 Longhurst Road, Minto - Construction of a Community Centre

PART FIVE

3.4 No. 196 St Andrews Road, Varroville - Demolition of Existing Carport/Shed and the Construction of a Replacement Shed/Garage and Repainting of Varro Ville House Roof

PART SIX

Attachments 1 and 2 to No. 196 St Andrews Road, Varroville - Demolition of Existing Carport/Shed and the Construction of a Replacement Shed/Garage and Repainting of Varro Ville House Roof

PART SEVEN

Attachment 3 to No. 196 St Andrews Road, Varroville - Demolition of Existing Carport/Shed and the Construction of a Replacement Shed/Garage and Repainting of Varro Ville House Roof

PART EIGHT

Attachments 4 and 5 to No. 196 St Andrews Road, Varroville - Demolition of Existing Carport/Shed and the Construction of a Replacement Shed/Garage and Repainting of Varro Ville House Roof

PART NINE

3.5 Ingleburn Town Centre Shopping Centre (Woolworths) – Construction of Shop Fitout and Use of Premises for the Sale of Packaged Liquor

PART TEN

3.6 Nos. 21-27 Kialba Road, Campbelltown - Construction of Additions, Alterations and Refurbishment to Existing Building and Use for Steel Fabrication

PART ELEVEN

4. COMPLIANCE SERVICES

4.1 Legal Status Report

4.2 Compliance Services Section Quarterly Activity Summary Report July to September 2009

4.3 Changes to Public Entertainment Legislation

5. GENERAL BUSINESS

10. CONFIDENTIAL ITEMS

10.1 Confidential Information for Various Items on the Planning and Environment Agenda - 8 December 2009

Page 3: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

PART ELEVEN Minutes of the Planning and Environment Committee held on 8 December 2009 Present His Worship the Mayor, Councillor A Rule

Councillor R Matheson (Chairperson) Councillor J Bourke Councillor G Greiss Councillor R Kolkman Councillor M Oates Councillor J Rowell Councillor R Thompson General Manager - Mr P Tosi Director Planning and Environment - Mr J Lawrence Acting Manager Compliance Services - Mr P Curley Manager Environmental Planning - Mr P Jemison Manager Development Services - Mr J Baldwin Manager Community Resources and Development - Mr B McCausland Corporate Support Coordinator - Mr T Rouen Executive Assistant - Mrs K Peters

Apology Nil

Also in Attendance

Environmental Officer - Mr D Henry Environmental Planning Coordinator - Ms R Winsor

Acknowledgement of Land An Acknowledgement of Land was presented by the Chairperson Councillor Matheson. DECLARATIONS OF INTEREST Declarations of Interest were made in respect of the following item: Non Pecuniary – Less than Significant Interests Councillor Greiss - Item 4.1 - Legal Status Report, Pope Shenouda III Coptic Christian Centre - Councillor Greiss advised that he attends the Church in question on average on a fortnightly basis. He is not on the board nor does he receive remuneration.

Page 4: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

4. COMPLIANCE SERVICES 4.1 Legal Status Report

Reporting Officer

Manager Compliance Services

Attachments

Nil

Purpose

To update Council on the current status of the Planning and Environment Division's legal matters.

Report

This report contains a summary of the current status of the Division's legal matters relating to: • The Land and Environment Court; • The District Court; • The Local Court; and • Matters referred to Council’s Solicitor for advice. A summary of year-to-date costs and the total number of actions are also included. 1. Land and Environment Court Class 1 Matters – Appeals Against Council’s

Determination of Development Applications

Total ongoing Class 1 DA Appeal Matters (as at 27/11/2009) 2 Total completed Class 1 DA Appeal Matters (as at 27/11/2009) 3 Costs from 1 July 2009 for Class 1 DA Appeal Matters: $109,516.17

1 (a) Issue: Property: Property owner: File No: Court Application filed: Applicant: Judgement date: Costs Estimate: Costs to date:

Pope Shenouda III Coptic Christian Centre Refusal of Development Application 3263/2005/DA-C for the demolition of existing buildings, alterations to church and construction of stadium, two residences, dormitory hall, playing field and carparking Lots 315 - 318 DP 260797 No 2 Wills Road, Long Point. Coptic Orthodox Church Property 3263/2005/DA-C (Court File 10700 of 2008) 21 July 2008 Pope Shenouda III Coptic Christian Centre To be notified $25,000.00 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $60,830.34

Page 5: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Status:

Ongoing

Action Since Last Meeting

Hearing from 23 to 25 November 2009 completed; Judgement has been reserved.

1 (b) Issue: Property: Property Owner: File No: Court Application Filed: Applicant: Judgement date: Costs Estimate: Costs to date: Status:

John Galluzzo Refusal of Development Application 1972/2007/DA-C for the extensions to childcare centre. Pt Lot 101 DP 602622 No.1 Bloomfield Road, Denham Court. John Galluzzo 1972/2007/DA-C (Court File 11218 of 2008) 1 December 2008 John Galluzzo To be notified $20,000.00 (exclusive of Barristers, Court Appointed Experts or disbursement fees) $19,733.74 Ongoing

Action Since Last Meeting

Hearing on 19 November 2009 completed; Judgement has been reserved.

1 (c) Issue: Property: Property Owner: File No: Court Application Filed: Applicant: Costs Estimate: Final Costs: Status:

Jessica Investments Pty Ltd Deemed refusal of Development Application 3215/2008/DA-S for subdivision of property into 48 allotments and one residual lots in two stages. Lots 23, 24, 26 & 36 DP 270152 Governors Way, Macquarie Links. Jessica Investments Pty Ltd 3215/2008/DA-S (Court File 10091 of 2009) 13 February 2009 Jessica Investments Pty Ltd $20,000.00 (exclusive of Barristers, Court Appointed Experts or disbursement fees) $11,218.97 Matter completed.

Action Since Last Meeting

Council approved the development application at its Ordinary Meeting on 1 September 2009. On the 22 September 2009 the applicant filed a notice of discontinuance by consent.

Page 6: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

2. Land and Environment Court Class 1 Matters – Appeals Against Council’s

Issued Orders/Notices

Total ongoing Class 1 Order/Notice Appeal Matters (as at 27/11/2009) 0 Total completed Class 1 Order/Notice Appeal Matters (as at 27/11/2009) 0 Costs from 1 July 2009 for Class 1 Order/Notices Appeal Matters: $0.00

3. Land and Environment Court Class 4 Matters – Non-Compliance with

Council Orders / Notices or Prosecutions

Total ongoing Class 4 Matters (as at 27/11/2009)Total completed Class 4 Matters (as at 27/11/2009)Costs from 1 July 2009 for Class 4 Matters $1,07

3 (a) Issue: Property: Property owner: File No: Applicant: Costs Estimate: Costs to Date: Status:

Khaled Alameddine Non-compliance with Orders to rectify structurally inadequate outbuildings. Lot 14 DP 740774 No. 329 Wedderburn Road, Wedderburn Ms Susanna Rossi Court File No. 40778 of 2007 Khaled Alameddine $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $9,859.71 Court proceedings completed, cost recovery action ongoing

Action Since Last Meeting

Resolution of costs in this matter has not been settled. Council will now consult with its solicitors as to the options for recovery of those costs.

3 (b) Issue: Property: Property owner: File No: Respondent: Costs Estimate: Costs to Date:

George Habna Habra, Renee Habra and Elia Habra Non-compliance with Orders to rectify excavated and subsiding earth embankment located on either side of the common boundary of adjoining residential premises. Lot 1451 DP 703487 No. 2 Brownlow Place, Ambarvale George Habna Habra, Renee Habra and Elia Habra Court File No. 40024 of 2008 George Habna Habra, Renee Habra and Elia Habra $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees)

Page 7: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Status:

$8,395.13 Court proceedings completed, remediation works and cost recovery ongoing.

Action Since Last Meeting

At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken on the property. As determined, the details of the matter were referred to an alternate legal firm on Council’s contracted panel of legal representatives for further advice. That advice has been received and is being considered by the Director Planning and Environment and General Manager.

3 (c) Issue: Property: Property owner: File No: Respondent: Costs Estimate: Costs to Date: Status:

Simon Simo and Emilia Simo Non-compliance with Orders to rectify excavated and subsiding earth embankment located on either side of the common boundary of adjoining residential premises. Lot 1450 DP 703487 No. 4 Brownlow Place, Ambarvale Simon Simo and Emilia Simo Court File No. 40025 of 2008 Simon Simo and Emilia Simo $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $6,475.68 Court proceedings completed, remediation works and cost recovery ongoing.

Action Since Last Meeting

At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken on the property. As determined, the details of the matter were referred to an alternate legal firm on Council’s contracted panel of legal representatives for further advice. That advice has been received and is being considered by the Director Planning and Environment and General Manager.

3 (d) Issue: Property: Property owner: File No: Respondent: Costs Estimate:

Inderjit Singh T/as Multi Furniture Non-compliance with Orders to cease use of premises for furniture manufacture and vacate the premises. Lot 2 DP739179, Unit 2 Erica Lane, Minto and Pt Lot 6 DP 703617 Unit 1 Erica Lane, Minto GLP Developments Pty Ltd and A and M Stavros respectively Court File No. 49166 of 2008 Inderjit Singh T/as Multi Furniture $20,000 (exclusive of Barristers, Court Appointed

Page 8: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Costs to Date: Status:

Experts or disbursements fees) $12,751.21 Court proceedings completed. Cost recovery ongoing.

Action Since Last Meeting

Resolution of costs in this matter has not been settled. Council will now consult with its solicitors as to the options for recovery of those costs.

4. Land and Environment Court Class 5 - Criminal enforcement of alleged

pollution offences and various breaches of environmental and planning laws.

Total ongoing Class 5 Matters (as at 27/11/2009)Total completed Class 5 Matters (as at 27/11/2009)Costs from 1 July 2009 for Class 5 Matters $18,24

4 (a) Issue: Property: Property owner: File No: Court Application Filed: Defendant: Costs Estimate: Costs to Date: Status:

Cvetko Josevski Development carried out (wilfully poison 6 mature eucalyptus trees) in contravention of the planning instruments that applied in respect of the property. Lot 4 DP 238982 No.74 Hansens Road, Minto Heights. Cvetko Josevski and Snezana Josevski Court File No. 50076 of 2008 9 October 2008 Cvetko Josevski $20,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $24,163.37 Completed, cost recovery ongoing.

Action Since Last Meeting

Recent inspection by Council’s compliance officers revealed that the Defendant has satisfied the terms of the Court orders regarding planting of advanced saplings. Council’s officers will continue to monitor the condition of the replacement trees to ensure the required numbers are established. Negotiations with the Defendant regarding costs settlement are ongoing.

4 (b) Issue: Property:

John Mhanna Development carried out without the issue of a construction certificate and contrary to the conditions of development consent No. 2340/2005/DA-M comprising the demolition of three dwellings and the construction of fifteen dwellings and strata subdivision. Lot 2 DP 520114, Lot 9 DP 233072 and Lot 8 DP

Page 9: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Property owner: File No: Court Application Filed: Defendant: Mention date: Costs Estimate: Costs to Date: Status:

2233072, No’s 18 to 20 Myee Road, Macquarie Fields. Westcity Developments Pty Ltd 2340/2005/DA-M (Court File No’s. 50050 of 2009 and 50051 of 2009) 10 September 2009 John Mhanna 4 December 2009 $25,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $9,835.67 Ongoing

Action Since Last Meeting

The matter was listed for first mention on 23 October 2009 where the Defendant appeared and sought an adjournment to seek legal advice. The Court adjourned the matter to 4 December for further mention.

5. Land and Environment Court Class 6 - Appeals from convictions relating

to environmental matters

Total ongoing Class 6 Matters (as at 27/11/2009)Total completed Class 6 Matters (as at 27/11/2009)Costs from 1 July 2009 for Class 6 Matters $

6. Land and Environment Court Tree Dispute Matters – Applications filed

under the Trees (Disputes Between Neighbours) Act 2006

Total ongoing Tree Dispute Matters (as at 27/11/2009)Total completed Tree Dispute Matters (as at 27/11/2009)Costs from 1 July 2009 for Tree Dispute Matters $

Page 10: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

7. District Court – Matters on Appeal from lower Courts or Tribunals not

being environmental offences.

Total ongoing Appeal Matters (as at 27/11/2009)Total completed Appeal Matters (as at 27/11/2009)Costs from 1 July 2009 for District Court Matters $

7 (a) Issue: File No: Court Application filed: Appellant: Costs Estimate: Costs to date: Status:

Michael Bruce Hall Appeal against decision in Consumer, Trader and Tenancy Tribunal Case No GEN:08/45487 of BUILDINGPLANS.COM.AU (Michael Bruce Hall) v Ameerul Nisha Hussein. 2593/2007/DA-DW (Court File No. 08/10/2008) 9 October 2008 Michael Bruce Hall $5,000 (exclusive of Barristers, Court Appointed Experts or disbursements fees) $5,031.63 Completed. Cost recovery ongoing.

Action Since Last Meeting

Council's solicitor has prepared an application for assessment of costs and will arrange for service on the Appellant.

8. Local Court Prosecution Matters

The following summary lists the current status of the Division’s legal matters before the Campbelltown Local Court.

Total ongoing Local Court Matters (as at 27/11/2009) 14 Total completed Local Court Matters (as at 27/11/2009) 66 Costs from 1 July 2009 for Local Court Matters $11,367.73

File No: Offence: Act: Final Costs: Status – Completed:

LP 49/09 - Penalty Notice Court Election Dog not under effective control in a public place Companion Animals Act $0.00 The matter was before the Court for hearing on 13 November 2009, where Council withdrew the proceedings, as it was unable to offer any evidence due to the unavailability of Council’s principle witness.

File No: Offence: Act:

LP 62/09 - Penalty Notice Court Election Not comply with order (demolish unauthorised building) Environmental Planning and Assessment Act

Page 11: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Costs to date: Status – Ongoing:

$0.00 The matter was before the Court for sentence on 6 October 2009, where the accused sought an adjournment to allow sufficient time for Council to consider the Section 96 application recently submitted to Council seeking regularisation of the unauthorised buildings, and for the Court to know the outcome of the application before sentence is passed. By consent the Court adjourned the proceedings to 2 February 2010 for sentence.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 63/09 - Penalty Notice Court Election Not comply with order (comply with development consent) Environmental Planning and Assessment Act $0.00 The matter was before the Court for sentence on 6 October 2009, where the accused sought an adjournment to allow sufficient time for Council to consider the Section 96 application recently submitted to Council seeking a variation to the conditions of consent regarding the use of the property, and for the Court to know the outcome of the application before sentence is passed. By consent the Court adjourned the proceedings to 2 February 2010 for sentence.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 64/09 - Penalty Notice Court Election Not comply with order (demolish unauthorised building) Environmental Planning and Assessment Act $0.00 The matter was before the Court for sentence on 6 October 2009, where the accused sought an adjournment to allow sufficient time for Council to consider the Section 96 application recently submitted to Council seeking regularisation of the unauthorised buildings, and for the Court to know the outcome of the application before sentence is passed. By consent the Court adjourned the proceedings to 2 February 2010 for sentence.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 65/09 - Penalty Notice Court Election Not comply with order (comply with development consent) Environmental Planning and Assessment Act $0.00 The matter was before the Court for sentence on 6 October 2009, where the accused sought an adjournment to allow sufficient time for Council to consider the Section 96 application recently submitted to Council seeking a variation to the conditions of consent regarding the use of the property, and for the Court to know the outcome of the application before sentence is passed. By consent the Court adjourned the proceedings to 2 February 2010 for sentence.

Page 12: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Final Costs: Status – Completed:

LP 67/09 - Penalty Notice Annulment Application Park Continuously for longer than permitted Local Government Act $0.00 The matter was before the Court for mention on 17 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Final Costs: Status – Completed:

LP 70/09 - Penalty Notice Court Election Unregistered Dog Companion Animals Act $0.00 The matter was before the Court for mention on 16 November 2009, where the accused, Sarah Pink, made no appearance. The Court granted an application for the matter to be heard in the absence of the accused and after considering the evidence and submissions, the Court found the offence proved and imposed a $165 fine and an order for costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 71/09 and LP72/09 - Penalty Notice Court Election Uncontrolled dog in a public place x 2 Companion Animals Act $0.00 The matters were before the Court for hearing on 6 November 2009, where Council withdrew the proceedings, as it was unable to offer any evidence due to the unavailability if Council's principle witness.

File No: Offence: Act: Final Costs: Status – Completed:

LP 76/09 - Penalty Notice Court Election Stop in Loading Zone Road Rules 2008 $0.00 The matter was before the Court for mention on 24 November 2009, where the accused, Sarah Pink, made no appearance. The Court granted an application for the matter to be heard in the absence of the accused and after considering the evidence and submissions, the Court found the offence proved and imposed a $135 fine and an order for costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 77/09 - Penalty Notice Court Election School Zone – stop on/across driveway/other access to/from land Road Rules 2008 $0.00 The matter was before the Court for mention on 29 September 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and

Page 13: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Final Costs: Status – Completed:

LP 78/09 - Penalty Notice Court Election Stop in Loading Zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 6 October 2009 where there was no appearance of the Accused, Ravid Chand Kant. The Court granted the Council’s application to have the matter heard in the accused absence and after consideration of the evidence the Magistrate found the offence proved and convicted the Accused imposing a fine of $200 and made an order for costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 79/09 - Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 The matter was before the Court for mention on 17 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the office proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 80/09 - Penalty Notice Court Election Fail to return authority after ceasing to be a disabled person Local Government Act $0.00 The matter was listed for first mention on 13 October 2009 where the accused entered a not guilty plea. The Court adjourned the proceedings to 11 December 2009 for hearing.

File No: Offence: Act: Final Costs: Status – Completed:

LP 81/09 - Penalty Notice Court Election Stand vehicle in a disabled persons parking space without authority Local Government Act $0.00 The matter was before the Court for mention on 6 October 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

Page 14: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 82/09 - Penalty Notice Court Election Stop heavy/long vehicle for longer than 1 hour Road Rules 2008 $0.00 The matter was listed for first mention on 20 October 2009 where the accused entered a not guilty plea. The Court adjourned the proceedings to 18 December 2009 for hearing.

File No: Offence: Act: Final Costs: Status – Completed:

LP 83/09 - Penalty Notice Court Election Stop on/near children’s crossing – school zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 27 October 2009 where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act and made an order for Court costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 84/09 - Penalty Notice Court Election Stop in bus zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 3 November 2009 where the accused, Christopher Ward, entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and imposed a $197 fine and an order for Court costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 85/09 - Penalty Notice Court Election Fail to return expired authority Local Government Act $0.00 The matter was before the Court for first mention on 3 November 2009 where the accused, Annette Therese Webber, made no appearance. The Court granted an application for the matter to be heard in the absence of the accused and after considering the evidence and submissions the Court found the offence proved and imposed a $516 fine and an order for Court costs of $76.

Page 15: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Final Costs: Status – Completed:

LP 86/09 - Penalty Notice Court Election Stop in bus zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 27 October 2009 where the accused, Maria Delos Angeles Thelmo, entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and imposed a fine of $75 and made an order for Court costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 87/09 - Penalty Notice Court Election Stop in bus zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 27 October 2009 where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act and made an order for Court costs of $76.

File No: Offence: Act: Costs to date: Status – Completed:

LP 88/09 - Penalty Notice Court Election Stop in loading zone Road Rules 2008 $0.00 The matter was before the Court for first mention on 27 October 2009 where the accused, Christopher John Barr, made no appearance. The Court granted an application for the matter to proceed in the absence of the accused and after hearing the evidence and submissions the Court found the offence proved and imposed a fine of $141 and made an order for Court costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 89/09 - Penalty Notice Court Election Park continuously for longer than permitted Local Government Act $0.00 The matter was before the Court for first mention on 3 November 2009 where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act

Page 16: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Final Costs: Status – Completed:

LP 90/09 - Penalty Notice Court Election Stop at/near bus stop Road Rules 2008 $0.00 The matter was before the Court for mention on 24 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Final Costs: Status – Completed:

LP 91/09 - Penalty Notice Court Election Stop in loading zone Road Rules 2008 $0.00 The matter was before the Court for mention on 10 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Final Costs: Status – Completed:

LP 92/09 - Penalty Notice Court Election Stop on path/strip in built up area Road Rules 2008 $0.00 The matter was before the Court for first mention on 3 November 2009 where the accused, Tiko Iole, entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and imposed a $141 fine and an order for Court costs of $76.

File No: Offence: Act: Final Costs: Status – Completed:

LP 93/09 - Penalty Notice Court Election Stop at/near bus stop Road Rules 2008 $0.00 The matter was before the Court for mention on 10 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

Page 17: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Final Costs: Status – Completed:

LP 94/09 - Penalty Notice Court Election Park continuously for longer than permitted Local Government Act $0.00 The matter was before the Court for mention on 10 November 2009, where the accused, William Leslie Robertson, made no appearance. The Court granted an application for the matter to proceed in the absence of the accused and after considering the evidence and submissions the Court found the offence proved and imposed a fine of $84 and made an order for Court costs of $76.

File No: Offence: Act: Costs to date: Status – Ongoing:

LP 95/09 - Penalty Notice Court Election Stop in parking area for disabled without current permit displayed on the vehicle Road Rules 2008 $0.00 The matter is listed for first mention on 10 November 2009 where the accused entered a not guilty please. The proceedings have been adjourned to 5 January 2010 for hearing..

File No: Offence: Act: Final Costs: Status – Completed:

LP 96/09 - Penalty Notice Court Election Not stand vehicle in marked parking space Local Government Act $0.00 The matter was before the Court for first mention on 10 November 2009, where the accused entered a guilty plea with explanation. After hearing the evidence and submissions the Court found the offence proved and dismissed the matter under Section 10 of the Crimes (Sentencing) Procedure Act.

File No: Offence: Act: Final Costs: Status – Completed:

LP 97/09 - Penalty Notice Court Election Stop in bus zone – school zone Road Rules 2008 $0.00 The matter was before the Court for mention on 10 November 2009, where the accused, Donna Marie Whittaker, entered a guilty please with explanation. After considering the evidence and submissions the Court found the offence proved and imposed a fine of $76 and made an order for Court costs of $76.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 98/09 - Penalty Notice Court Election Uncontrolled dog in a prohibited place – not dangerous dog Companion Animals Act $0.00 The matter is listed for first mention on 1 December 2009.

Page 18: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

File No: Offence: Act: Costs to date: Status – New Matter:

LP 99/09 - Penalty Notice Court Election Uncontrolled dog in a public place – not dangerous dog Companion Animals Act $0.00 The matter is listed for first mention on 1 December 2009.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 100/09 - Penalty Notice Court Election Disobey no stopping sign – school zone Road Rules 2008 $0.00 The matter is listed for first mention on 1 December 2009.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 101/09 - Penalty Notice Court Election Unregistered Dog - not dangerous dog Companion Animals Act $0.00 The matter is listed for first mention on 8 December 2009.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 102/09 - Penalty Notice Court Election Uncontrolled Dog in a public place - not dangerous dog Companion Animals Act $0.00 The matter is listed for first mention on 15 December 2009.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 103/09 - Penalty Notice Court Election Uncontrolled Dog in a prohibited place - not dangerous dog Companion Animals Act $0.00 The matter is listed for first mention on 14 January 2009.

File No: Offence: Act: Costs to date: Status – New Matter:

LP 104/09 - Penalty Notice Court Election Stand vehicle in area longer than allowed Local Government Act $0.00 The matter is listed for first mention on 16 December 2009.

9. Matters Referred to Council’s Solicitor for Advice The following summary lists the status of matters referred to Council’s Solicitors for advice on questions of law, the likelihood of appeal or prosecution proceedings being initiated, and/or Council liability.

Total Advice Matters (as at 27/11/2009) 4 Costs from 1 July 2009 for Advice Matters $12,175.19

Page 19: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

10. Legal Costs Summary

The following summary lists the Planning and Environment Division’s net Legal Costs for the 2009/2010 period.

Relevant Attachments or Tables Costs Debit Costs Credit

Class 1 Land and Environment Court - appeals against Council's determination of Development Applications $109,516.17 $0.00

Class 1 Land and Environment Court - appeals against Orders or Notices issued by Council $0.00 $0.00

Class 4 Land and Environment Court matters - non-compliance with Council Orders, Notices or Prosecutions $1,076.35 $0.00

Class 5 Land and Environment Court - Pollution and Planning prosecution matters $18,244.97 $0.00

Class 6 Land and Environment Court - appeals from convictions relating to environmental matters $0.00 $0.00

Land and Environment Court tree dispute between neighbours matters $0.00 $0.00

District Court Appeal matters $0.00 $0.00

Local Court Prosecution matters $11,367.73 $1,650.00

Matters referred to Council’s Solicitor for Legal Advice $12,175.19 $0.00

Miscellaneous costs not shown elsewhere in this table $0.00 $0.00

Costs Sub-Total $152,380.42 $1,650.00

Overall Net Costs Total (GST exclusive) $150,730.42

Officer's Recommendation

That the information be noted. Committee’s Recommendation: (Kolkman/Rowell) That the Officer's Recommendation be adopted. CARRIED Council Meeting 15 December 2009 (Matheson/Bourke) That the Officer's Recommendation be adopted. Council Resolution Minute Number 305 That the Officer's Recommendation be adopted.

Page 20: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

4.2 Compliance Services Section Quarterly Activity Summary Report July to September 2009

Reporting Officer

Manager Compliance Services

Attachments

Compliance Services Quarterly Activity Summary Table.

Purpose

To provide Council with a quarterly report of activities for the Compliance Services Section.

Report

This report summarises key section activities and operational results for the reporting period July to September 2009. 1. Regulated Premises Inspections Regulated premises inspection statistics presented in the Activity Summary Statistics Table in the Attachment are divided into Food, Public Health and Wastewater Management System inspections. All regulated premises are placed in a risk category. The frequency of inspections varies according to the risk classification. Additional inspections (i.e. reinspections) are sometimes undertaken when premises are found to be unsatisfactory and there is an identified need to follow up on outstanding matters.

a. Food Premises

Within Campbelltown there are approximately 683 regulated food premises separated into three categories requiring 1,032 scheduled inspections per annum as follows: Low Risk Premises (inspected when necessary) – includes food businesses such as pre-packaged catering outlets, variety stores, confectionary shops, chemists, video stores and newsagents.. Category 1 Premises (medium risk – inspected once per year) – includes fruit and vegetable stores, service stations, convenience stores, health food shops and general grocery stores Category 2 Premises (high risk – inspected two time per year) – includes restaurants, takeaway shops, bakeries, cafes clubs, pubs child care centers, supermarkets, juice bars, fish shops, delicatessens, institutions and hospitals.

Page 21: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Food Premises Category No. of Premises No. of Annual Inspections Low Risk 133 Complaints only Category 1 68 68 Category 2 482 964 TOTAL 683 1032

Amendments to the Food Act 2003 and the establishment of the Food Regulation Partnership between the NSW Food Authority and NSW Councils in 2008 resulted in a mandated and more consistent role for Local Government in food regulation. As a result Council reviewed its food premises categories and inspection frequency in order to be consistent with other NSW Councils. This is the first reporting period since the above amendments have come into effect, therefore comparisons between previous reporting periods cannot be made. A total of 303 food premises inspections were conducted for the reporting period. Of the 303 inspections undertaken, 53 (17%) food premise inspections were recorded as unsatisfactory. Follow up (reinspections) are undertaken where premises are found to be unsatisfactory at the time of initial inspection, to ensure they reach a satisfactory standard. In certain situations, Food Act Improvement Notices or Penalty Notices are issued when necessary to encourage compliance.

b. Public Health

Within Campbelltown there are approximately 201 regulated premises separated into three risk categories requiring 208 scheduled inspections per annum. - Category 1 Premises (inspected once per year) – Beauty Salons (low

risk), Boarding Houses, Funeral Parlours, Skin Penetration (low risk procedure, i.e. waxing), Hairdressers, Nail Artists, Solariums.

- Category 2 Premises (inspected twice per year) – Brothels, Skin

Penetration (high risk procedure - body piercing). - Category 3 Premises (inspected once per year) – Legionella Microbial

Control (Air-Conditioning Cooling Towers).

Health Premises Category No. of Premises No. of Annual Inspections

Category 1 130 130 Category 2 7 14 Category 3 64 64 TOTAL 201 208

The number of health premises inspections undertaken (12) was below the quarterly average (52), due to a staff vacancy during the quarter.

Page 22: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Of the 12 regulated health premises inspections conducted during the reporting period, one (8%) premises that was inspected was recorded as unsatisfactory. Follow up (reinspections) are undertaken where premises are found to be unsatisfactory at the time of initial inspection to ensure the premises reach a satisfactory standard.

c. Wastewater Management Systems

The effective regulation and management of on-site wastewater management systems is necessary to ensure these systems operate properly and as a consequence do not cause a threat to the environment or human health. As part of its effort to more effectively manage and regulate wastewater management systems, Council has revised its Wastewater Management Strategy which was formerly adopted by Council on 7 July 2009. The implementation of the revised strategy has commenced and is to be staged, with various unsewered locations throughout the City being addressed progressively. Staff have commenced seeking applications for an approval to operate from system owners on an area by area basis. This has resulted in 10 system inspections to date.

2. Notices/Orders Issued Food Act Notices are usually issued where there is repeated failure by a proprietor to meet appropriate standards or where serious breaches are identified. A total of four Food Act Notices were issued during the reporting period, which compares to two Notices for the previous quarter. Local Government Act Notices and Orders are issued for a range of matters including overgrown, unhealthy, unsafe or unsightly conditions. The number of Local Government Act Notices and Orders issued during the reporting period was 114, which was less than the number (147) issued for the previous reporting period. The number of Swimming Pools Act Directions issued (16) requiring the erection of pool fencing or fencing repairs was more than the number of Directions (10) issued in the corresponding quarter in the previous year. Environmental Planning and Assessment Act Notices and Orders are issued by Land Use and Environmental Compliance staff, primarily to ensure that premises comply with conditions of development consent and to regulate unauthorised land use. A total of 46 Notices and Orders were served during the reporting period compared to 61 in the previous quarter. 3. Customer Service Requests The Compliance Services Section receives a significant number of customer service requests across a broad range of issues as represented in Attachment 1. A total of 648 customer service requests were received for the reporting period. Significant complaint categories were barking dogs (120 requests), dogs straying (52 requests), iIlegal construction/development (60 requests), Pollution (67 requests), Health (other) (47 requests), overgrown land (40 requests), abandoned motor vehicles (60 requests), and parking, (including heavy vehicles) (79 requests).

Page 23: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

4. Applications Building Certificate Applications relate to certificates issued under section 149A of the Environmental Planning and Assessment Act and provide assurance to applicants upon issue that Council will not take action to require the demolition or upgrade of the respective structure for a period of seven years after the date of issue of the certificate. These certificates are generally sought upon sale of property. The number of Building Certificate Applications (54) received during the reporting period was above quarterly averages (35), possibly due to State and Federal Government first home owners initiatives. A Section 68 (Local Government Act) Approval was issued for the "Emergency Services Expo" Event held at Victoria Park, Macquarie Fields. 5. Impounding The number of dogs impounded during this reporting period was 428, being less than the historical quarterly average (600). The reason for this reduction was due primarily to two staff vacancies during the quarter. The percentage of dogs microchipped at the time of impounding was 70% which is consistent with quarterly averages. A total of 147 cats were impounded throughout the reporting period being less than the previous reporting period (325) which is consistent with seasonal trends. The number of cats that are microchipped at the time they were impounded is typically lower than for dogs and for this reporting period 19% were microchipped. The number of abandoned vehicles impounded for this quarter was 11. Of these six were disposed of by being recycled and one vehicle was released back to its owner. Council is currently holding four abandoned vehicles.

6. Penalty Notices The Compliance Services Section issues a range of penalty notices relating to various matters including parking offences (on street, Council car parks, school zones), companion animal registration, dog straying, littering, fail to comply with orders, food safety and fail to obtain or comply with development consent. The number of penalty notices issued for parking offences in Council carparks (1,101) increased in comparison with the previous quarter (282). The number issued for on-street offences (1,786) increased in comparison with the previous quarter (435). Penalty Notices for Companion Animal Act offences (285) decreased in comparison with the previous quarter (310). The notable increase in parking fines was due to an administrative anomaly. The figure used for parking fines is sourced from the State Debt Recovery Office (SDRO) and relates to the number of fines entered into its database during the period. Due to problems with the electronic transfer of data between Council and the SDRO during the previous quarter, some fines from that quarter were not entered until this quarter, resulting in the relatively high result.

Page 24: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

7. Compliance/Education Programs Compliance programs are an integral component of the Section's activities and represent a coordinated proactive approach to targeting specific community concerns. Resources are deployed strategically on a local or citywide basis as an alternative to addressing complaints on an individual basis. A summary of Compliance Programs undertaken during the report period follows:

a. Illegal Parking in School Zones

During the reporting period, 50 school locations were patrolled resulting in the issue of 123 penalty notices. b. Illegal Sign Statistics

A summary of sign statistics for the quarter can be located in Attachment 1.

c. Illegal Trail Bike Riding

During the reporting period two joint patrols with police were undertaken resulting in four bikes being seized, 32 penalty notices issued, nine charges laid with eight cautions issued. A number of single agency (Council) patrols were undertaken in response to the 45 complaints received during the reporting period. d. Litter from Vehicles

For the reporting period one operation was undertaken. During this operation three penalty notices for littering were issued. Included in this figure are the number of penalty notices issued based upon independent staff observations and other Ranger patrols.

e. Shopping Trolleys This program resulted in the impounding of no trolleys during the reporting period, however 60 were reported to contractors for collection. f. Truck Parking

Four truck parking patrols were undertaken during the reporting period resulting in the issue of 32 parking penalty notices.

8. Other Activities A summary of other activities or initiatives implemented within the reporting period are listed below: • Council continues to conduct surveillance of construction sites for sediment

and erosion control compliance. • Continued participation in an inter-divisional working group to develop

improved procedures for approval and enforcement associated with occupancy of Council land (i.e. Road Occupancy, Work Zones and Standing Plant)

Page 25: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

• Continued participation in an inter-Divisional working group to develop

improved procedures and coordination across Council for maintaining restricted access to parks and reserves.

• Continued participation in an inter-Divisional working group to develop

improved procedures and coordination in respect of assessing applications to conduct non-Council events on Council land.

• Patrols (by way of formalised agreement) of disabled parking at

Campbelltown Mall continued through the reporting period. • Council re-established Alcohol Free Zones in Airds, Ambarvale, Bradbury,

Campbelltown, Minto and Rosemeadow.

Officer's Recommendation

That the information be noted. Committee’s Recommendation: (Oates/Thompson) That the Officer's Recommendation be adopted. CARRIED Council Meeting 15 December 2009 (Matheson/Bourke) That the Officer's Recommendation be adopted. Council Resolution Minute Number 305 That the Officer's Recommendation be adopted.

Page 26: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

ATTACHMENT 1 Compliance Quarterly Activity Summary Statistics

2009/10 Quarter Result Activity

1 2 3 4 YTD

Regulated Premises Inspections Food 303 303 Public Health 12 12 Wastewater Management Systems 10 10

Total 325 325 Notices/Orders Issued Food Act 4 4 Local Government Act 114 114 Swimming Pool Act 16 16 Protection of Environment Operations Act 8 8 Environmental Planning and Assessment Act 46 46 Companion Animals Act 6 6

Total 194 194 Customer Requests Abandoned Motor Vehicles 60 60 Animals (other) 20 20 Barking Dogs 120 120 Dog Attacks 25 25 Dog Straying 52 52 Food/Health (regulated) 1 1 Footpath Obstruction 4 4 Health (other) 47 47 Heavy Vehicle Parking 30 30 Illegal Construction/Development 60 60 Overgrown Land 40 40 Parking (General) 49 49 Pollution 67 67 Rubbish Dumping/Litter 13 13 Trail Bikes 45 45 Tree Removal/Dangerous 15 15

Total 648 648

Page 27: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

Compliance Quarterly Activity Summary Statistics

2009/10 Quarter Result Activity

1 2 3 4 YTD

Applications Building Certificates 54 54 Approval to Operate Effluent Disposal System Section 68 (Local Government Act)

0 0

Event Approvals Section 68 Local Government Act

1 1

Total 53 53

Impounding Abandoned Vehicles 11 11

Total 11 11 Impounding Animals Dogs (Incoming) Impounded 428 428 Surrendered 160 160

Total 588 588Dogs (Outgoing) Released to Owner 219 219 Sold 130 130 Euthanised - Surrendered by Owner 95 95 Euthanised - Restricted Dog 14 14 Euthanised - health/temperament 6 6 Euthanised - Unable to re-home 138 138

Total 602 602 Cats (Incoming) Impounded 147 147 Surrendered 26 26

Total 173 173Cats (Outgoing) Released to Owner 14 14 Sold 18 18 Euthanised - Surrendered by Owner 15 15 Euthanised - health/temperament 7 7 Euthanised - Unable to re-home 117 117

Total 171 171

Page 28: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

2009/10 Quarter Result Activity

1 2 3 4 YTD

Penalty Notices Companion Animals 285 285 Environmental - includes litter and waste dumping 41 41 General - includes Public Health and Food Safety 22 22 Land Use 8 8 Parking (car parks) 1101 1101 Parking (on street) 1786 1786

Total 3243 3243

Compliance Programs Illegal Parking in School Zones Patrols 50 50 Warnings 0 0 Penalty Notices 123 123

Illegal Signs Complaints - Council property 4 4 Complaints - private property 0 0 Letters sent 4 4 Cautions issued 0 0 Fines issued 0 0 Removed 256 256

Illegal Trail Bike Riding Joint Patrols 2 2 Bikes Seized 4 4 Penalty Notices (Police) 29 29 Penalty Notices (Council) 3 3 Charges 9 9 Juvenile Cautions 8 8 Litter From Vehicles Patrols 1 1 Penalty Notices 3 3

Shopping Trolleys Patrols 0 0

Page 29: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

2009/10 Quarter Result Activity

1 2 3 4 YTD

Trolleys Tagged 0 0 Trolleys Impounded 0 0 Contractor Notified 60 60

Truck Parking Patrols 4 4 Penalty Notices 32 32

Page 30: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

4.3 Changes to Public Entertainment Legislation

Reporting Officer

Manager Compliance Services

Attachments

Nil

Purpose

To update Councillors on the recent changes to the public entertainment legislation.

Report

The NSW Government recently announced changes to public entertainment legislation. As part of the changes the term ‘place of public entertainment’ (POPE) will be removed from relevant planning legislation and replaced with the term "entertainment venue" which has a much narrower focus and is defined as a building used as a cinema, theatre or concert hall or an indoor sports stadium. The changes mean that hotels, restaurants, registered clubs and other similar venues do not need development consent to provide live, or any other form of, entertainment that is part of the venue’s main business. The changes have been put into effect by: • Commencing certain provisions in the Environmental Planning and

Assessment Amendment Act 2008 that repeal the definitions of "place of public entertainment" and "public entertainment" and allow for regulations to be made dealing with entertainment venues.

• Amending the Environmental Planning and Assessment Regulation 2000 to

introduce a definition of "entertainment venue" as cinemas, theatres, concert halls and indoor sports stadiums, which will replace the term POPE and relate to a narrower range of uses. The amendments also allow for councils to impose reviewable conditions on development consents relating to hours of operation and maximum capacity for entertainment venues, function centres, hotels, registered clubs and restaurants, and make a number of other changes relating to the regulation of entertainment venues and temporary structures.

• Amending State Environmental Planning Policy (Places of Public

Entertainment and Temporary Structures) 2007 (the SEPP) to remove the requirement for development consent for POPEs. The SEPP has also been amended to remove all references to POPEs in the provisions of the SEPP dealing with temporary structures. As part of the changes, the SEPP will be renamed ‘State Environmental Planning Policy (Temporary Structures) 2007’.

Page 31: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

• Amending the Standard Instrument—Principal Local Environmental Plan to

change the definitions of "restaurant", "hotel" and "registered club" to include entertainment.

These changes commenced on 26 October 2009 to coincide with the lapsing of any conditions applying to existing POPE approvals that were preserved until that date under the savings and transitional arrangements introduced into the Environmental Planning and Assessment Act 1979 when POPE licensing was removed in 2007. The new system will operate as follows: • POPE licences are no longer needed—venues can have live entertainment

as part of their main business without the need for separate approval. Entertainment should now be considered as part of normal activities of hotels, restaurants and registered clubs.

• For new venues, the provision of live entertainment will be considered as part

of the development application. • POPE licences and conditions will no longer have effect from 26 October

2009. However, the conditions on a venue’s liquor licence and development consent will remain in force. Where necessary, the NSW Office of Liquor, Gaming and Racing will consider proposals for the application of new liquor licence conditions to regulate security, trading hours, patron numbers and other matters at venues.

• Venues can still apply to the NSW Office of Liquor, Gaming and Racing to

modify liquor licence conditions, and to local councils to amend development consents.

Council will continue to administer the conditions of development consents for venues and act on any complaints in relation to breaches of the consent, fire safety requirements or noise disturbance. The NSW Office of Liquor, Gaming and Racing has enhanced powers under the Liquor Act 2007 to deal with complaints, and a range of appropriate measures to respond to issues relating to a venue or its patrons. These include negotiating a workable solution between venue operators and local residents. A venue can also be issued with warnings or directions, or have conditions imposed on its liquor licence. The impact that the changes will have on existing and new premises are summarised below: Existing Premises • POPE licenses no longer apply nor are required. • Continue under existing development consents or existing use rights. • Can now have music without need for permit/consent. • Can apply to Councils to vary development consents. • Premises with existing DAs with capacity conditions must display signs

specifying the capacity.

Page 32: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

• Councils or other parties can apply under Liquor Act provisions to seek

conditions on liquor licenses. New Premises/Development Proposals Development proposals which may include entertainment - will be assessed as part of the normal application assessment/determination process. The Department of Planning advise that when placing conditions of consent on new development proposals Council should consider the following: • Issues concerning management of licensed premises should be dealt with

under Liquor Licence. • Planning conditions should typically address public amenity, design and

building safety issues. • Prescribed conditions in EP&A Regulations such as Capacity notice – clause

98D and Schedule 3A amendments are applicable. • Reviewable conditions apply to entertainment venues, function centres,

hotels, registered clubs and restaurants and can be used to trial extensions of hours of operation and increases in maximum capacities.

Implications of New Legislation Whilst the intent of the legislation to bring back live music to hotels and clubs may be achieved, there are a number of implications that need to be considered further. (a) Existing Premises Most existing POPE premises within Campbelltown have operated under three separate types of approval being a Development Consent (DA), POPE Approval and Liquor Licence. The DA gave consent to the use of the premises; the POPE addressed specific Building Code of Australia issues, hours of operation and number of occupants associated with the operation of the premises as a POPE; while the liquor licence addressed social impacts of the operation. Whilst each of these separate approvals considered different aspects of the operation there was often overlap in some of the conditions of these approvals, conversely there may have also been specific conditions that applied only to a POPE approval. With the removal of the POPE approval there may be gaps in the ongoing regulation of these premises. Consequently Council staff will need to review each of the three approvals for previous POPE premises to identify any such gaps. Where a gap is identified Council will (where necessary) need to either liaise with the Police in an attempt to amend the liquor licence or where the issue cannot be included in a liquor licence, liaise with the premises owner to remedy the situation. Further regulation of those previous POPE premises will be actioned using existing legislation via complaint, should such be received. The removal of POPE approvals will mean that Council staff will not conduct annual inspection of these premises, increasing the importance of monitoring the submission of Essential Services Certificates for these premises.

Page 33: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

(b) Clarification of Various Premises Whilst the legislation defines an "entertainment venue" to be a cinema, theatre or concert hall or an indoor sports stadium and removes the requirement for separate approval to provide entertainment for hotels, restaurants and registered clubs, it does not provide guidance on night clubs, function centres and outdoor sports stadiums. Currently the Building Code of Australia defines nightclubs, sporting complexes and halls as a public assembly building (Class 9b) and as such are required to comply with additional fire safety requirements. However this anomaly will be rectified when a NSW variation to the Building Code of Australia is adopted on 1 May 2010 to include the definition of "entertainment venue" meaning that only those buildings listed as an entertainment venue will be defined as a Class 9b building and subject to additional fire safety requirements. This will mean that night clubs, function centres and outdoor sports stadiums will then be a Class 6 building just like a pub, bar, cafes and restaurants. The introduction of the new legislation will mean that there will be less premises required to be regulated by Council as an "entertainment venue", however future experience may demonstrate whether or not Council will experience additional workload to address complaints regarding premises that were formally regulated under a POPE approval. Although, with the enhancement of powers provided to the NSW Office of Liquor, Gaming and Racing it would be envisaged that the majority of complaints regarding licensed premises will be addressed by this agency.

Officer's Recommendation

That the information be noted. Committee’s Recommendation: (Kolkman/Bourke) That the Officer's Recommendation be adopted. CARRIED Council Meeting 15 December 2009 (Matheson/Bourke) That the Officer's Recommendation be adopted. Council Resolution Minute Number 305 That the Officer's Recommendation be adopted.

Page 34: City of Campbelltown · At Council’s Ordinary Meeting of 20 October 2009, Councillors were briefed on the current situation regarding the remediation works required to be undertaken

5. GENERAL BUSINESS 5.1 Road Remediation Councillor Oates referred to the appalling state of the road surfaces in the vicinity of the O'Sullivan, Pembroke, Rudd Roads roundabout at Leumeah and the Pembroke, Redfern and Ben Lomond roundabout at Minto and asked that letters be sent to the appropriate authorities seeking immediate remediation of the road surfaces. Committee’s Recommendation: (Oates/Kolkman) That Council write to the NSW Minister for Roads and the Roads and Traffic Authority seeking immediate remediation of the road surfaces in the vicinity of the O'Sullivan, Pembroke, Rudd Roads roundabout at Leumeah and the Pembroke, Redfern and Ben Lomond roundabout at Minto. CARRIED

10. CONFIDENTIAL ITEMS 10.1 Confidential Information for Various Items on the Planning

and Environment Agenda - 8 December 2009

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

R Matheson CHAIRPERSON