Agenda of Ordinary Meeting - 4 December 2006

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 20 NOVEMBER 2006 AT 7:06 PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Pat Sheehy AM 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 Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived at 7:35 pm), Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble and John Thain.

APOLOGIES

1166 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown that apologies be accepted for Councillors David Bradbury and Steve Simat.

CONFIRMATION OF MINUTES - Ordinary Meeting - 6 November 2006

1167 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler that the minutes of the Ordinary Meeting of 6 November 2006 be confirmed.

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 13 November 2006

1168 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the minutes of the Extraordinary Council Meeting of 13 November 2006 be confirmed.

DECLARATIONS OF INTEREST

Councillor Greg Davies declared a non-pecuniary interest in Item 11 - 2007 Western Sydney Industry Awards, as he is an employee of the Member for Mulgoa, who is also the Minister for Western Sydney. He announced that he would not vacate the Chamber and would reserve the right to take part in the debate and voting.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 6 November 2006

1169 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 November, 2006 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting of 13 November 2006

1170 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 November, 2006 be adopted.

MASTER PROGRAM REPORTS

Leadership and Organisation

1 2006-2007 Management Plan - September Quarter Review

1171 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow

That:

1. The information contained in the report on the 2006-2007 Management Plan - September Quarter Review be received.

2. The 2006-2007 Management Plan Review as at 30 September 2006, including the revised estimates identified in the recommended budget, be adopted.

3. The recommended reallocations to projects and amendments to tasks detailed in the report be adopted.

4. Additional funding of $22,500 be made available to the Penrith Valley Economic Development Corporation for the 2006-07 financial year, as part of the September Quarter Review.

The City as a Social Place

3 City Operations Directorate Report to end October 2006

1172 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler that the information contained in the report on City Operations Directorate Report to end October 2006, be received.

4 Draft Penrith Valley Community Safety Plan 2007-2010

1173 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on the development of the Draft Penrith Valley Community Safety Plan 2007-2010 be received.

2. Council support the exhibition of the Draft Penrith Valley Community Safety Plan during the period 24th November 2006 to 21st December 2006.

3. A further report be submitted to Council, advising of the public comment received during the exhibition period, and seeking approval to submit the Penrith Valley Community Safety Plan 2007-2010 to the NSW Attorney General for endorsement as a Community Safety Compact.

5 Grant Application - 2006/2007 WSAAS Funding Round

1174 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on Grant Application - 2006/2007 WSAAS Funding Round be received.

2. Council endorse the grant application for the 2006/07 WSAAS funding round.

6 NSW Pre-School Investment and Reform Plan - Viability Funding

1175 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on NSW Pre-School Investment and Reform Plan - Viability Funding be received.

2. Council endorse the submission of the Pre-school Investment and Reform Plan - Viability Funding for the following services:

Gumbirra Pre-School	Total	$340,771
Koolyangarra Pre-School	Total	$436,197
Mountains to Meadows	Total	$298,811
Cooinda Pre-School	Total	$383,670
Grays Lane Pre-School	Total	$283,717
Tandara Pre-School	Total	$335,106
St Marys Pre-School	Total	$387,825
Rainbow Cottage Pre-School	Total	$699,893
Grand Total		$3,165,990

7 Extensions & Alterations to Tamara Children's Centre, Hosking Street, Cranebrook - Tender 13-06/07

1176 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on Extensions & Alterations to Tamara Children's Centre, Hosking Street, Cranebrook - Tender 13-06/07 be received.

2. Council accept the tender of Onyx Building & Maintenance Services in the amount of $571,541 for extensions and alterations to Tamara Children’s Centre, Cranebrook.

3. The Building Services Manager be authorised to execute any necessary documentation.

2 Naming of a park in Werrington Downs

1177 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor John Thain

That:

1. The information contained in the report on Naming of a park in Werrington Downs be received.

2. Council endorse the naming of the park bounded by Brookfield Avenue, Greenbank Drive, Parkside Avenue and Bungalow Parade, Werrington Downs to ‘Jim Anderson Park’ and make application to the Geographical Names Board for the official gazetting.

3. Following gazettal, an official naming ceremony be held at the park.

Councillor Mark Davies left the meeting, the time being 7:29 pm.

Councillor Mark Davies returned to the meeting, the time being 7:30 pm.

8 Feasibility of a Botanic Garden in the City of Penrith

A MOTION was MOVED by Councillor Garry Rumble seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on the Feasibility of a Botanic Garden in the City of Penrith be received.

2. In light of the recognition of Penrith being a Regional City, the following task be added to the 2006/2007 Management Plan:

A detailed analysis be undertaken of the feasibility of establishing a botanic garden in Penrith City.

1178 An AMENDMENT was MOVED by Councillor Greg Davies seconded Councillor Ross Fowler:

That:

1. The information contained in the report on the Feasibility of a Botanic Garden in the City of Penrith be received.

2. A further report be presented to Council detailing the process and estimated costs of undertaking a feasibility study into the possible establishment of a Botanic Garden in the City of Penrith.

Upon being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED.

The City In Its Environment

9 Greenhouse Purchasing Action Plan and Sustainable Purchasing Supply Policy

1179 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Greenhouse Purchasing Action Plan and Sustainable Purchasing Supply Policy be received.

2. Council adopt the Sustainable Purchasing Supply Policy.

3. Council adopt the Greenhouse Purchasing Action Plan.

Councillor David Bradbury arrived at the meeting, the time being 7:35 pm.

10 Pesticide Notification Plan

1180 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Pesticide Notification Plan be received.

2. The Draft Notification Plan be exhibited for the prescribed time period of 28 days.

3. A final report be submitted to Council after the exhibition period seeking final approval of the Plan.

The City as an Economy

11 2007 Western Sydney Industry Awards

1181 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1. The information contained in the report on 2007 Western Sydney Industry Awards be received.

2. Council approve gold sponsorship of the Awards to the value of $22,000.

3. The additional funding to be allocated from the Local Economic Development Program budget ($2,000) and the balance ($12,000) from the budget surplus as part of the September financial review.

The City Supported by Infrastructure

12 Rural Fire Service Vehicles and Equipment

1182 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Garry Rumble

That:

1. The information contained in the report on Rural Fire Service Vehicles and Equipment be received.

2. A submission be made to the Local Government and Shires Associations informing them that Council is in general agreement with the transfer of ownership of such assets to the NSW Rural Fire Service.

13 Parking Options in Penrith CBD

1183 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Garry Rumble

That:

1. The information contained in the report on Parking Options in Penrith CBD be received.

2. Council approve the construction of additional temporary carparks in Woodriff Street, and at the corner of Station Street and Derby Street, with funding in the amount of $80,000 provided from the Carparking/Traffic Facilities Reserve.

3. Council contribute $12,000 from the Carparking/Traffic Facilities Reserve to the Penrith City Centre Association for the operation of the second free shuttle bus, to operate between 27 November and 23 December 2006.

4. Investigations be carried out on the costs and management options for the provision of decked carparking in Union Road and Soper Place carparks and the extension options for Judges Place deck carpark as detailed in the report, including the provision of paid parking controls.

5. A further report be submitted to Council on the outcome of the PCCA shuttle bus trial.

6. 174 2-hour car parking spaces in Union Road carpark and 123 2-hour carparking spaces in Soper Place carpark be converted to 3-hour carparking spaces as detailed in the report.

7. A further report be presented to Council addressing the future need for adequate parking in the Penrith CBD, particularly in shopping areas.

Leadership and Organisation

14 Standard & Poors Credit Rating

1184 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the information contained in the report on Standard & Poors Credit Rating be received.

15 Summary of Investments & Banking for the period 1 October 2006 to 30 October 2006

1185 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 October 2006 to 30 October 2006 be received

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2006 to 30 October 2006 be noted and accepted

3. The graphical investment analysis as at 30 October 2006 be noted

16 Service Specifications Program

1186 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Service Specifications Program be received.

2. The Specification for the Council and Executive Support Service be adopted.

17 2005-2006 Annual Report

1187 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on 2005-2006 Annual Report be received.

2. The draft Corporate Annual Report be endorsed and forwarded to the Minister for Local Government via the Department of Local Government.

19 Eco Procura Conference 2006

1188 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the information contained in the report on Eco Procura Conference 2006 be received.

18 2006 Local Government Association Conference

1189 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies

That:

1. The information contained in the report on 2006 Local Government Association Conference be received.

2. Council write to the Local Government Association, regarding the structure of the conference program, and requesting more time to vote on motions.

QUESTIONS WITHOUT NOTICE

QWN 1 Victoria Bridge

Councillor Garry Rumble requested a memo reply concerning the lack of removal of graffiti from the Victoria Bridge, by the RTA, at the western end in particular.

QWN 2 Traffic Calming - Glenmore Park

Councillor Garry Rumble requested a memo reply concerning status on the provision of traffic calming devices in the vicinity of all child care centres around Glenmore Park.

QWN 3 Land in Caddens Road - Riding for the Disabled

Councillor Garry Rumble requested an update on a report to Council, which was to investigate the possibility of (Department of Planning) land in Caddens Road being used by Riding for the Disabled and Nepean Pony Club.

QWN 4 Lewers Gallery

Councillor Garry Rumble requested a memo reply concerning the apparent proposed operation of a new café at the Lewers Gallery, and if the existing kitchen was being operated in conjunction with the café.

QWN 5 Expressions of Interest - Arthur Neave Tennis Complex

Councillor Garry Rumble requested a report to Council on the outcome of expressions of interest for the management of the Arthur Neave Tennis Complex.

QWN 6 South Penrith Library

Councillor Garry Rumble requested a memo reply on the progress of upgrading of the South Penrith Library and also the outcome of Southlands management’s findings, regarding their proposals for redevelopment of the site.

QWN 7 Smith Family Clothing Collection Bins

Councillor Garry Rumble requested a memo reply on the outcome of the request by the Smith Family to place clothing collection bins on Council owned land.

QWN 8 Plaques indicating Historic Landmarks

Councillor Garry Rumble requested a report to Council outlining the possibility of providing plaques either on the footpath, or on appropriate walls, indicating historic landmarks or old buildings.

QWN 9 Floating Weir at Nepean River

Councillor Garry Rumble requested that urgent action be taken to repair the floating weir at the Nepean River and noting that the weir is broken in a number of places, with some sections having broken off and moved below the weir.

QWN 10 Regentville Community Hall

Councillor Mark Davies requested a memo reply and a response to a resident’s concerns regarding antisocial behaviour occurring at the Regentville Community Hall.

QWN 11 Memory Park

Councillor Jim Aitken OAM congratulated Parks staff on the appearance of Memory Park.

QWN 12 Walking Bridge over Schoolhouse Creek

Councillor Jim Aitken OAM requested an update on the matter of the walking bridge over Schoolhouse Creek, which was the subject of a recent petition by residents.

Councillor Mark Davies left the meeting, the time being 8:19 pm.

Councillor Mark Davies returned to the meeting, the time being 8:20 pm.

QWN 13 Play equipment - Downes Park, Wallacia

Councillor Karen McKeown requested a memo reply on the progress of installing new play equipment at Downes Park, Wallacia, following Council’s allocation of funds to this project in July 2006.

QWN 14 Rainwater Tanks

Councillor Kaylene Allison requested a report to Council on the possibility of operating a scheme, such as that recently adopted by Parramatta Council, whereby ratepayers can purchase water tanks from Council and repay the purchase price through their rates.

QWN 15 Glenrowan Way, St Clair

Councillor David Bradbury requested a memo reply detailing the cost of providing a footpath on Glenrowan Way, St Clair.

QWN 16 Claremont Meadows Public School

Councillor David Bradbury requested a memo reply in relation to a request received from the Claremont Meadows Public School P&C regarding parking arrangements around the school.

QWN 17 Naming of Park

Councillor David Bradbury requested a memo reply to all Councillors, providing a status report on his previous request to name a park in Colyton after Edward Little.

QWN 18 Banks Road - Playground equipment

Councillor David Bradbury requested a memo reply outlining details of the response, by way of a Mayoral letter dated 25 October 2006, to a resident, in relation to the Banks Road playground equipment.

QWN 19 Affordability of Child Care

Councillor David Bradbury requested a report to Council outlining the factors contributing to the affordability of child care, and requesting that the report address additional compliance issues and costs recently imposed by the Federal Government.

QWN 20 Use of Sporting Fields

Councillor Greg Davies requested a memo reply regarding the use of sporting fields on Sunday mornings, and in particular the use of loudspeakers at early morning sporting events.

QWN 21 WELL Precinct Plans

Councillor David Bradbury requested a memo reply outlining the notice that was given to residents concerning the exhibition of the WELL Precinct Plans.

Committee of the Whole

1190 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:27 pm.

1 Presence of the Public

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

Leadership and Organisation

2 Commercial Matter - Council Property - Lease of Shop 3, Cranebrook Village Shopping Centre

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.

City In Its Environment

3 Legal Matter - 8 Donohoes Avenue, Mulgoa

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.

Leadership and Organisation

4 Personnel Matter - Senior Staff

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.

The meeting resumed at 9:25 pm and the General Manager reported that the Committee of the Whole met at 8:27 pm on Monday 20 November 2006, the following being present

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble and John Thain.

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

CONFIDENTIAL BUSINESS

2 Commercial Matter - Council Property - Lease of Shop 3, Cranebrook Village Shopping Centre

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

CW2 That:

1. The information contained in the report on Commercial Matter - Council Property - Lease of Shop 3, Cranebrook Village Shopping Centre be received.

2. Council grant a new 5-year Lease with a 5-year option to Lease to existing tenant of Shop 3 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.

3 Legal Matter - 8 Donohoes Avenue, Mulgoa

RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor David Bradbury

CW3 That:

1. The recommendation made in the report be adopted, subject to amendments discussed during Committee of the Whole.

2. A memo be forwarded to all Councillors outlining the amendments.

4 Personnel Matter - Senior Staff

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

CW4 That:

1. The information contained in the report on Personnel Matter - Senior Staff be received.

2. The recommendations of the Senior Staff Recruitment Review Committee be endorsed.

ADOPTION OF Committee of the Whole

1191 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 9:26 pm.

*Ordinary Meeting*	*4 December 2006*
*The City in its Broader Context*

The City in its Broader Context

State Plan

Compiled by: Mark Andrews, Strategic & Management Planning Coordinator

Authorised by: Roger Nethercote, Environmental Planning Manager

Strategic Program Term Achievement: Council’s preferred positions and priorities relevant to Western Sydney growth and development are considered by governments, regional forums and regional organisations in their own policy development.

Critical Action: Develop a structured dialogue with Local State Members, Ministers, government agencies, Councils of the region, WSROC and other regional associations concerning the supply of infrastructure and services, employment and sustainable housing delivery to the Region.

Purpose:

To inform Council of the release of the State Plan and how it responds to Council's submission on the draft Plan. The report recommends that the information be received.

Background

The Premier, the Hon Morris Iemma MP, released the draft State Plan for comment on 8 August 2006. An extensive public consultation program was undertaken on behalf of the Government to gain feedback, and included a special website, targeted forums involving randomly selected citizens, and invited community leaders discussing their issues and concerns with senior public servants and Ministers.

The Mayor and General Manager participated in the forum, held in Penrith on 28 August. Council considered a report, and endorsed a submission on the draft State Plan, at its 4 September 2006 meeting. The submission included 25 specific recommendations. The Premier’s positive response to Council’s submission is included at Appendix 1 for information.

State Plan

The Premier released the State Plan on 14 November 2006. The State Plan can be accessed at www.nsw.gov.au/stateplan. The Plan indicates that four other plans are being prepared: Health Plan, Urban Transport Statement (released by the Premier on 20 November 2006 and discussed briefly later in this report), Renewable Energy, and an Innovation Strategy. Copies of the State Plan and Urban Transport Statement have been provided to Councillors under separate cover.

We are making arrangements to discuss the Plan and implementation framework with the Premier’s Department.

The final version of the NSW State Plan is similar in structure to the draft plan, and outlines 14 long term social, economic and environmental goals for NSW under five broad areas:

1. Rights, Respect and Responsibility

§ Keeping people safe

§ Building harmonious communities

2. Delivering Better Services

§ Healthy communities

§ Students fulfil their potential

§ A high quality transport system

§ Customer friendly services

3. Fairness and Opportunity

§ Strengthening Aboriginal communities

§ Opportunity and support for the most vulnerable

§ Early intervention to tackle disadvantage

4. Growing Prosperity Across NSW

§ NSW: Open for Business

§ Stronger rural and regional economics

5. Environment for Living

§ Securing our supply of water and energy

§ Practical environmental solutions

§ Improved urban environments

Under these goals, the Plan identifies 34 policy priorities which will drive the actions and decisions of Government in the pursuit of those goals. For each of these priorities specific, measurable targets have been set, which will be used to track and judge the Government’s progress. The Plan includes a comprehensive explanation of the statistical basis for each of these targets and how progress will be measured.

The 50 specific and measurable targets in the State Plan will play a major role in guiding Government procurement decisions. They can be seen as a public equivalent of the Treasury Results and Services Plans required from State agencies.

Stronger Accountability Mechanisms

The State Plan includes an emphasis on stronger accountability with the clear allocation of responsibilities and a private sector-style framework (see Figure 1 below). While the Premier has overall responsibility for the Plan, each priority has been allocated to a Lead Minister and a Lead Chief Executive Officer (CEO), based on the agency with the greatest capacity to deliver the priority. Partner Ministers and Partner CEOs will also be identified based on their agency’s capacity to contribute towards delivering the priority.

Figure 1: Accountability Framework, NSW State Plan

Lead Ministers will be responsible to the public and within Cabinet for Government performance on the priority. They will also be responsible for coordinating with their Partner Ministers, providing strategic direction and oversight, and ensuring the agencies are working together effectively.

Lead CEOs will be accountable to their Minister and the Premier. The CEOs’ performance agreements will reflect this responsibility. Annual CEO performance reviews will be coordinated by the Director General of the Premier’s Department. Peer feedback amongst CEOs will also be coordinated by the Premier’s Department to provide frank and comprehensive input to the performance reviews.

Independent Advisors

In a first for NSW, two independent experts will be appointed as advisors to the Cabinet committee responsible for implementing the Plan. Dr John Stuckey, former managing partner of McKinsey’s management consultants, and Professor Brian McCaughan, President of the NSW Medical Board, have been appointed to provide independent advice to the Government. The new Cabinet Standing Committee on State Plan Performance will comprise the Premier, Deputy Premier, Treasurer and two other senior ministers.

Collaboration on Infrastructure Delivery

In its submission on the draft Plan Council put emphasis on the importance of partnerships between State, Local and the non-government sector (this could be business or social services) to deliver outcomes on particular priorities.

The theme of partnerships is covered in Chapter7 Delivering the Plan. Part C of Chapter 7 places emphasis on new approaches to working with partners including local government and non-government organisations. Regional Co-ordination Management Groups (RCMGs) are the mechanism recommended to drive tailored local solution to State Plan priorities. Part D, Reforming the Budget process to allocate resources to deliver the priorities, will also be key to ensuring at least some resources may be available for the regional work plans (developed by RCMGs).

In addition to the strong delivery and accountability mechanisms referred to above, Chapter 8 Delivering Locally includes a specific section on Greater Western Sydney and proposes:

Enhanced cooperation and collaboration across the three levels of government, business and community organisations to deliver the Government and communities key priorities for Greater Western Sydney. This collaboration will focus particularly on:

§ Working to improve public transport provision across the region, particularly priority for bus services which link outlying suburbs to strategic centres on the rail network and across suburbs not serviced by rail

§ Working on economic development and employment strategies in identified key parts of the region including maximising investment and growth in key existing industries and supporting new emerging industries.

Advocating for improved public transport and job opportunities are key elements of Council’s Strategy. Council’s submission made a number of recommendations about infrastructure planning and delivery. Priorities E5 Jobs closer to home, E7 Improve the efficiency of the road network and S6 Increasing share of peak hour journeys on a safe and reliable public transport system discuss this.

Priority P2 Maintain and invest in infrastructure includes an important and welcomed new initiative:

Consulting with local government on infrastructure planning

Local government are key providers of infrastructure such as local roads. They also are key partners with State Government in land use planning and environmental protection. Consequently, it is important to ensure there is close collaboration between the State and local governments in infrastructure planning. In recognition of this, there will be a formal consultation process with local government (via Regional Organisations of Councils) in advance of the next review of the State Infrastructure Strategy.

It is relevant to highlight that the State Plan notes the importance of providing the right infrastructure to support economic growth and sustainable communities. In this regard the State Plan outlines the new direction of recognising the role Local Government, particularly the Regional Organisation of Councils, can have in collaborating on infrastructure and facility delivery in respect of reviews of the State Infrastructure Strategy, scheduled to occur every 2 years.

The State Plan has picked up on a number of suggestions from Council and others who made submissions on the draft Plan. A table which sets out Council’s recommendations, and the relevant State Plan response and initial commentary from Council officers, is attached for information.

Urban Transport Statement

As indicated above, the Urban Transport Statement (UTS) is one of the supporting documents for the State Plan. In his foreword to the Statement the Premier says “the main focus of this Urban Transport Statement is on passenger transport. The Statement:

§ explains the steps the Government is taking to plan and deliver its existing approved program of scheduled works of urban transport initiatives, including the Metropolitan Rail Expansion Program (MREP), over the next decade and beyond;

§ defines 18 major transport corridors which account for more than two thirds of daily trips made by Sydneysiders and “interprets” the major transport projects identified in the State Infrastructure Strategy in terms of these 18 corridors;

§ includes a number of new initiatives and accelerates other existing approved rail and road network improvements to ease congestion and increase the availability and reliability of public transport across the Sydney region;

§ outlines the Government’s response to the challenge of central Sydney and CBD transport issues with a focus on efficient, flexible and affordable improvements to CBD buses while recognising that light rail may be feasible in some circumstances – but not within the main CBD routes;

§ establishes a Central Sydney and CBD implementation Working Group to consult with stakeholders and develop the detailed steps to phase in bus improvements;

§ outlines the potential for metro-style mass transit systems which in the long term may have the capacity to cater for Sydney’s ongoing growth as a global city into the second quarter of the 21st century;

§ creates an enhanced capacity within Government for transport planning and coordination.”

There are a number of elements in the Urban Transport Statement or related media releases that relate to the Penrith local government area:

§ Expansion of commuter car parking at St Marys railway station by 2011

§ “Forecasts of Sydney’s future growth trends indicate that, in the long term, areas within the existing built environment which will experience the highest increase in population and employment density are in the Global Economic Corridor and along the western “spine” from Penrith through Sydney Olympic Park to the CBD”. (UTS p11)

§ Pinch Points – Mulgoa Road, Mulgoa to Penrith

§ 2006 - new rail express service City-Penrith in the evening peak

§ 2011 - Western Rail Line Corridor Upgrade (St Marys-Westmead) (also included in State Plan)

§ 2012 - Penrith-St Marys corridor Upgrade and re-signalling, Penrith Yard upgrade

§ ‘Easy access’ to Kingswood and Werrington railway stations

§ M4/Mamre Rd overbridge duplication

§ Bus priority on Strategic Bus Corridors 1 (Mt Druitt – Penrith north side), 2 (Mt Druitt-Penrith south side)

The Statement introduces the concept of a Metro line which is a new rail network. Unlike light rail, Metro rail is separated – either underground or elevated – from the road network and therefore does not compete with general traffic or buses. The Sydney Metro system is intended to be discrete and independent of the existing rail network. The Statement incorporates the following key attributes of the proposed Metro lines concept:

“Metro lines for Sydney would thus be best suited either to high demand, inner areas – such as eastern and inner-west suburbs – or major western centres (Penrith, Blacktown, Parramatta), linking each other and the CBD. Such lines could either have frequent stops, to provide maximum connectivity along the route, or few stops, to enable maximum speeds and time savings for users. Potential benefits include:

§ providing relief to congested road corridors in areas not currently serviced by rail;

§ reducing bus movements along major key corridors and the CBD and provide alternatives to current transport modes into the CBD;

§ providing higher capacity mode for higher density inner city areas; and

§ providing opportunities for higher-density development around new metro stations.

Metros supporting connections between the CBD and western Sydney could

§ provide faster and more frequent connection along the route;

§ relieve congestion on the existing CityRail network – a Metro line to Penrith may enable not only an increase in services but also a reduction in travel time from Liverpool to the CBD from the current journey time of one hour to approximately 40 minutes;

§ allow for increased freight trains; and

§ encourage contra-peak flow to Parramatta, strengthening its role as Sydney’s second city”.

Whilst the Statement does include a number of infrastructure initiatives for the City the description of some of the elements is not clear and disappointingly there is no mention of the proposed UWS/TAFE rail station. It is suggested that Council express it concern at the omission of the UWS/TAFE railway station to the Minister for Transport and seek from the Minister a detailed description of the proposed transport infrastructure items in the Penrith LGA, the proposed timeframe for their delivery and the opportunity for discussion of the project details.

Conclusion

The State Plan clearly provides a more strategic framework for Council to engage with Members of Parliament, Government agencies and other stakeholders in advocating for service and infrastructure improvements, as well as in working together in the interests of the City.

The State Plan has a clear purpose to deliver better results for the community from NSW Government services. It sets clear priorities for Government action with targets for improvement to guide decision making and resource allocation. Council is well positioned to take a leading role in ensuring its Strategic Plan outcomes respond to the goals of the State Plan. It is suggested that Council welcome and support the State Plan.

RECOMMENDATION

That:

1. The information contained in the report on State Plan be received.

2. Council welcome the State Plan and convey its support to local Members and the Premier.

3. Correspondence be sent to the Minister for Transport expressing concern at the omission of the proposed UWS/TAFE railway station at Werrington in the Urban Transport Statement and seek from the Minister a detailed description of the proposed transport infrastructure items in the Penrith LGA, the proposed timeframe for their delivery and the opportunity for discussion of the project details.

ATTACHMENTS/APPENDICES

1. View	Premier's reply to State Plan Submission	1 Page	Appendix
2.	State Plan and Council's Submission	15 Pages	Attachment

*Ordinary Meeting*	*4 December 2006*
*The City in its Broader Context*

The City in its Broader Context

Alterations & Additions to St Marys CWA Building, Cnr Great Western Highway and Mamre Road, St Marys - Tender 11-06/07

Compiled by: Rod Wood, Building Services Manager

Authorised by: Rod Wood, Building Services Manager

Strategic Program Term Achievement: The Penrith Valley Cultural Precinct is completed and contributing to a vibrant urban village lifestyle in St Marys.

Critical Action: Complete the Penrith Valley Cultural Precinct at St Marys.

Purpose:

To advise Council of the outcomes of the tender process, and to recommend a preferred contractor for the Alterations & Additions to St Marys CWA building, Cnr Great Western Highway & Mamre Road, St Marys. The report recommends that the tender of Bilas Knight Pty Ltd be accepted.

The development of the Penrith Valley Cultural Precinct at St Marys is a major project and has an implementation program over an extended period. Council has adopted a Precinct Masterplan to guide Council’s implementation strategy.

Stage 1 has been completed. The Councillor Steering Committee has identified a scope of work which constitutes Stage 2 implementation. The refurbishment of the CWA Building is an element of that approved program.

The manner in which the building is to be refurbished has been developed in consultation with those community groups that have been targeted to be the future occupiers of this building.

Council has approved the Development Application and Construction Certificate.

Current Situation

Tenders for the work closed on 26 September 2006, and twelve (12) tenders were received as follows:

Company	Price (Excluding GST)
Edeck Group Pty Ltd	$181,490
Bilas Knight Pty Ltd	$193,808
Reitsma Constructions Pty Ltd	$227,349
M Bruton Building Co Pty Ltd	$235,422
Dewram Constructions Pty Limited	$239,000
Cranebrook Constructions	$275,215
Rapid Constructions Pty Ltd	$288,800
L H Building Services Pty ltd	$299,151
Avoca Constructions	$308,677
Calibre Contractors Pty Ltd	$324,381
J M Coyle & Co Pty Ltd	$349,192
Growth Build Pty ltd	$407,612

All tenders were assessed by the tender panel made up of Rod Wood – Building Services Manager, Viggo Knackstedt – Architectural Supervisor, and Robert Paluzzano – Project Coordinator. The tenders were evaluated against the following criteria:

· Tender price

· Capacity to undertake work

· Financial capacity

· Experience of personnel and resources

· Referees

· Management systems

· E S D Management

· OH & S Systems

· Program

Edeck Group Pty Ltd has submitted the lowest tender in the amount of $181,490. However, very little supporting information was provided with the tender, and consequently they were unable to satisfy most of the criteria as required by the Tender Conditions, and unable to satisfy the Tender Panel of their capability to undertake and complete the work.

The next lowest tender was submitted by Bilas Knight Pty Ltd in the amount of $193,807.90. This company has been in operation for approximately 18 years, and has satisfied the evaluation criteria, and has performed work of a similar size and nature for NSW Fire Brigade. It is considered that this company would be capable of performing the works.

The next three (3) lowest tenders were submitted by Reitsma Constructions Pty Ltd in the amount of $227,349, M Bruton Building Co Pty Ltd in the amount of $235,422, and Dewram Constructions in the amount of $239,000. Although these companies had complied with all the conditions of the tender, and would be capable of performing the works, there would be no advantage to Council in accepting their tenders.

The remaining seven (7) tenders range from $275,215 to $407,612. Although the companies submitting these tenders have all complied with the conditions of tender, and would be capable of performing the work, there would be no advantage to Council and they were not considered further.

The plans for the refurbishment of Memorial Hall were advanced during the tender process, and these plans are recommending a different form of entry canopy to that which is reflected in the tender documents. This change is now preferred, and it is considered that an appropriate change should be made to what is proposed in the tender documents. Initial discussions have indicated that this may be able to be resolved with minimum impact on the budget and commencement date.

In addition to the tendered Building Costs, a contingency sum of $29,000.00 and supervision costs of $12,000.00 should be provided, making the total project costs $234,808.00.

Financial Services Manager’s Comment

An allocation of $1.8m was made in the 2006-07 budget for works at the Penrith Valley Cultural Precinct, based on estimates of the work required for this stage of the development. Although the preferred tender for the work on the CWA building has come in marginally above the original estimate for this portion of the project, and a need exists for a 15% contingency, resulting partly from known design variations, scope exists within the current allocation for this stage to enable the works to be completed. A funding solution for the remainder of the project remains to be finalised, and will need to be urgently addressed by Council during the upcoming budget process, in line with other priorities.

RECOMMENDATION

That:

1. The information contained in the report on Alterations & Additions to St Marys CWA Building, Cnr Great Western Highway and Mamre Road, St Marys - Tender 11-06/07 be received.

2. Council accept the tender of Bilas Knight Pty Ltd in the amount of $193,807.90 for alterations and additions to the CWA Building, St Marys, subject to resolution of the re-design of the entrance.

3. The Building Services Manager be authorised to execute any necessary documentation.

4. Council officers be authorised to negotiate the changes in the design of the entry canopy.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 December 2006*
*The City in its Broader Context*

The City in its Broader Context

Update on the Penrith City Centre Plan Launch and Exhibition

Compiled by: Nuala Cavanagh, Senior Environmental Planner

Authorised by: Ruth Goldsmith, Local Planning Manager

Strategic Program Term Achievement: Penrith City Centre provides a comprehensive range of economic and human and lifestyle services to Outer Western Sydney and Central Western New South Wales.

Critical Action: The City Centres Review strategies for the Penrith City Centre are developed, prioritised and being implemented.

Purpose:

To advise Councillors of the Penrith City Centre Plan Launch and Exhibition. The report recommends that the information be received.

Background

In April 2006, the Minister for Planning wrote to Council, seeking to work cooperatively to develop the Penrith City Centre Plan, which would include a series of consistent supporting documents. The Minister also said that he would ensure that there is a ‘whole of Government’ input into the planning process, and that real outcomes flow from the new city plans.

The Director General of the Department of Planning (DoP) convened a meeting with the six Regional City Mayors and General Managers, on Friday 12 May 2006. Arising from that meeting, and following information-gathering visits to the councils, the Director General of the Department wrote to Council (23 June 2006), outlining the process and giving a general project timeframe.

At its Policy Review Committee meeting of 24 July 2006, and a Briefing Session on 20 September 2006, Council was advised of the proposed arrangements for the Regional Cities Taskforce, and received a presentation from Professor Chris Johnson, Executive Director – Cities and Centres, Department of Planning.

Since then, the Taskforce has completed its work on the preparation of draft documents for the Penrith City Centre, which incorporates a Vision, Local Environmental Plan, Development Control Plan and Civic Improvements Plan (Section 94 Contributions Plan).

The Minister established an extremely short time frame in which to complete these documents, and the launch of the draft Plans was on Friday 24 November 2006. Time has not permitted a final review of the draft documents, however we are aware that some LEP clauses did not progress as initially drafted by Council officers. These clauses relate to matters such as car parking, building heights, and requirements for precinct planning.

Other matters that were previously discussed with Councillors are summarised below.

A reference panel of stakeholders and industry should be established for each City.

The Reference Panel met twice (4 October and 18 October 2006), and the Minister attended the first meeting. The Reference Panel members were invited to the launch of the draft Plans.

Draft documents will be developed jointly, including a Vision Document, a Local Environmental Plan (LEP) based on the Template, a Development Control Plan (DCP), and a Public Domain Plan incorporating a Contributions Plan.

These documents have been drafted by DoP staff, in consultation with Council’s Working Group. The Penrith City Centre Strategy and supporting documents provided the basis for the ‘Vision’.

The requested meeting with Railcorp and the Department of State and Regional Development, to further discuss matters such as the quadruplication of the railway line (and which side of the station the additional line should be located), did not occur due to the timeframes. Railcorp was, however, represented at the second Reference Panel meeting.

When the draft LEP is complete, it will be necessary for Council to make a resolution that this is ready for public exhibition under Section 65, and to forward a request for exhibition to the Department.

Council resolved, on 10 October 2005, to prepare the new Local Environmental Plan for the City. The Department of Planning endorsed Council’s approach, and informed Council that it will not be issued with any delegations for the process. As we do not have any delegations to endorse the exhibition of the draft Penrith City Centre LEP, the Department was formally requested to issue the Section 65 certificate.

As a result of submissions during exhibition, the documents may be amended prior to submission to the Minister for approval.

It is proposed to present the draft plans to our business partners at their regular meetings, and interested stakeholders, for discussion and to encourage their submissions on the documents. It is anticipated that Council will also make a submission on the draft Plans, to ensure that Council’s objectives are met in the development of the Plans for the Regional City of Penrith.

Exhibition Process

The public exhibition of the Penrith City Centre draft Plans will occur from Tuesday 28 November 2006 to Friday 2 February 2007. The draft Plans are available through the Department’s and Council’s websites. The website provides the opportunity for interactive interrogation of the plans. The web address is http://www.planning.nsw.gov.au/penrith/.

The draft Plans will be exhibited at the Penrith Library and the Penrith Civic Centre, and the draft Plans will be available at the St Marys Office and Library. Notice of the exhibition will be placed in the Penrith Press, the St Marys / Mt Druitt Standard and local papers in the Blue Mountains and Hawkesbury Local Government Areas. Copies of the four draft documents, and the brochure, have been provided to Councillors separately.

The brochure, providing information on the draft Plans, will be delivered to all households within the City, and all landowners within the boundary of the Penrith City Centre. Landowners within the Centre will also receive a letter inviting their comments on the draft Plans.

The Department has requested that Council arrange a public meeting, on Tuesday 5 December 2006, to discuss the draft Plans. This will be held at Council’s Civic Centre from 6:30 pm – 8:30pm. The Department’s Professor Chris Johnson, Executive Director – Cities and Centres, will be attending this meeting.

Next Steps

During the exhibition of the draft Plans, Council officers will ensure that consultations and discussions are held with all interested stakeholders and business and community groups. After the exhibition closes in February, all submissions will be reviewed and reported to Council. Any changes recommended to the draft Plans, in response to the issues raised, will be identified in the report. The Department’s proposed timeline is shown below.

Stage	Timeline	Description
July to Nov 2006	Preparation of Draft Plan	Research of relevant issues and preparation of Draft Plan - Vision, LEP, DCP, CIP - jointly by Cities Taskforce and Council.
Nov to Feb 2007	Exhibition of Draft Plan	Exhibition of the Draft Plan for public comment for 6 weeks.
Feb to Mar 2007	Review and report on public submissions	Cities Taskforce and Council review and report on submissions. Reports presented to Minister and Council.
Mar 2007	Preparation of Final Plan	Final Plan is prepared jointly by Cities Taskforce and Council.
April 2007	Formal adoption & commencement of Final Plan	Final Plan is adopted by the Minister and Council, and comes into effect after publication of LEP in NSW Government Gazette.

At the appropriate stage, the draft Local Environmental Plan and draft Development Control Plan (DCP) will be incorporated into the Penrith Local Plan and Citywide DCP.

Conclusion

Whilst the timeframes for the preparation of the Vision, and the draft LEP, DCP and CIP have been short, the documents reflect the comprehensive work that Council has been progressing over several years with its City Centres’ Review.

There is now opportunity for the City’s communities, landowners, and other stakeholders, to comment on the future directions of the Penrith City Centre as a key element in our role as a Regional City.

RECOMMENDATION

That the information contained in the report on Update on the Penrith City Centre Plan Launch and Exhibition be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

Community Assistance Program - Planned Component 2006

Compiled by: Joanne Tran, Community Development Officer - Generalist

Authorised by: Erich Weller, Community Development Manager

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Support community organisations and programs to meet identified community needs.

Purpose:

To inform Council of applications received in the 2006 Planned Component of the Community Assistance Program (CAP). The report recommends that Council endorse the applications recommended for funding.

Background

Council has a Community Assistance Program, through which it makes small grants to non–profit organisations and community based groups to meet local community needs. The maximum grant is $1,000.

There are three eligibility criteria for applications under the Community Assistance Program. These are:

· Community based non–profit organisations providing one off activities

· 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.

The total annual budget for the planned and rolling components of the program is $26,000. The budget for the planned component is $19,000.

Planned Component ($19,000)

The funding round for the 2006 Planned Component opened on 3October and closed on 31 October. The funding round was advertised in local papers and on Council’s web page. The funding round was also promoted through a range of local interagencies and networks.

Applicants were required to complete a simple application form, identifying their project objectives, population target groups, budget, accessibility and benefits to the local community.

The promotion of the 2006 Planned Component followed the Community Development Support Expenditure Scheme (CDSE) funding round in April, and the Western Sydney Area Assistance Scheme funding round in August.

Budget Allocation and Expenditure to Date

	Allocated	Expenditure to Date	Committed	Available
Planned Component	$19,000	0	0	$19,000
Rolling Component	$7,000	$1,000	0	$ 6,000
Total annual funds	$26,000	$1,000	0	$25,000

Assessment of 2006 Planned Component Applications

All applications were assessed against the Community Assistance Program assessment criteria for eligibility, and recommendations to fund or not fund made accordingly.

To determine rankings consideration was given to:

· 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 Penrith LGA.

A total of 57 applications were received, requesting a total of $58,818.81. Of the 57 applications received, 25 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 2005/06, Council received 61 applications totalling $56,258.98.

Attachment A to this report provides the list of 25 applications recommended for funding, as well as giving the rationale. Where there is a recommendation for funding that is not the full amount requested, the reason is also given in the information for each project in Attachment A. The amount of expenditure recommended is slightly higher than the budget of $19,000, totalling $19,019.55.

There are 32 applications that are not recommended for funding through the Community Assistance Program Planned Component, or for any other action by Council. Details of these 32 applications are provided at Attachment B.

The following table is a summary of all projects recommended for funding. Note that in the table, recommended applications have also been allocated to their particular population target groups.

Table 1 - Recommended List

No	Target group	Organisation	Project Name	Amount Requested	Recommended Amount
1	General	TRI Community Exchange	Refugee Week Celebration 2006	$986.00	$500.00
2	Older People	ENOSIS Greek Senior Group	Seniors Social Events	$1,000.00	$500.00
3	Older People	Tir-na-nOg Singers	Purchase musical equipment	$995.00	$350.00
4	Children	KU Starting Points Penrith (Kingswood)	Family Days for children with special needs	$1,000.00	$450.00
5	General	Penrith Valley Rotary Club	Purchase portable shade	$1,000.00	$500.00
6	Women	Nepean Interyouth	Belly Up Project	$839.35	$839.35
7	Young People	Nepean Interyouth	Expressive Options	$975.00	$975.00
8	Culturally & Linguistically Diverse Communities	Connecting Communities - Central Penrith Project	Community Information Day	$1,000.00	$850.00
9	General	St Clair Youth and Neighbourhood Team	To purchase shade structure for outdoor community activities	$895.20	$895.20
10	Young People	St Clair Youth Centre	Establish a Homework Centre	$780.00	$780.00
11	General	North St Marys Neighbourhood Centre	Parklawn Slimmers.	$940.00	$500.00
12	Culturally & Linguistically Diverse Communities	Shiat Islamic Community Social Group Inc.	Purchase Data Projector	$1,000.00	$800.00
13	General	Westcare Recovery Centre	To purchase a data projector	$1,000.00	$800.00
14	Women	SPYNS	"Imagine Me" Photography Workshop	$938.00	$938.00
15	General	Connecting Cranebrook (SPYNS)	"Just Walk It" Kit for Connecting Cranebrook	$945.00	$945.00
16	General	St Marys and District Historical Society	To purchase two filing cabinets and suspension files	$987.00	$987.00
17	General	TRI Community Exchange	Training Room Upgrade	$1,000.00	$1,000.00
18	Older People	Penrith Older Women's Network Inc & Joan Sutherland Performing Arts Centre	Establishing a Senior's Choir	$1,000.00	$1000.00
19	Children	Community Access Care Pair Inc.	Creative Fun Packs	$1,000.00	$500.00
20	Women	Penrith Women's Health Centre	To purchase Powerpoint projector	$1,000.00	$1000.00
21	Disabilities	Penrith Disabilities Resource Centre Inc.	Minimum Sight-Maximum Vision Art Exhibition	$870.00	$670.00
22	Culturally & Linguistically Diverse Communities	Nepean Migrant Access Inc.	Oral History Project for Rural Migrants	$1,000.00	$1,000.00
23	Disabilities	PATH Inc.	Community Picnic Celebrating International Day of People with a Disability 2006	$990	$840.00
24	Aboriginal & Torres Strait Islander People	Aboriginal Catholic Ministry	Art Therapy to support Counselling	$1,000.00	$1,000.00
25	General	Kingswood Neighbourhood Centre	Paper Craft and Card Making	$1,000	$400.00
					$19,019.55

Applications not Recommended for Funding

Attachment B provides details of those projects not recommended for funding.

Target Group Analysis

It is useful to summarise the recommended allocation of Community Assistance Program Planned Component funds and the principal beneficiary target group for funding (see Table 2 below). The target groups correspond to the seven mandatory target groups, as 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.

Table 2 – CAP Planned Allocation by Target Group

Older People	10%
People with a Disability	8%
Women	15%
Young People	9%
People from Culturally and Linguistically Diverse Backgrounds	14%
Children	5%
Aboriginal and Torres Strait Islander People	5%
General Community	34%
Total	100%

Summary

Council has received 57 applications requesting a total of $58,818.81 for Community Assistance Program funding in the 2006/07 Planned Funding Round. After careful consideration against the identified criteria, 25 projects totalling $19,019.55 have been recommended for funding. Recommended projects cover a range of target groups and suburbs across the city, and address priority social needs as well as including a number of city-wide initiatives.

RECOMMENDATION

That:

1. The information contained in the report on Community Assistance Program - Planned Component 2006 /07 be received.

2. Council endorse funding the recommended projects totalling $19,019.55 from the Planned Component of the Community Assistance Program.

3. That $19.55 be re-allocated from the Rolling Component of the Community Assistance Program to the Planned Component to cover the shortfall between the total value of recommended projects detailed in this report and the $19,000 currently allocated to the Planned Component.

ATTACHMENTS/APPENDICES

1.	CAP Planned Component 2006 - Recommended for Funding	10 Pages	Attachment
2.	CAP Planned Component 2006 - Not Recommended for Funding	8 Pages	Attachment

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

Cemetery Matters - Commemorative Walls - Emu Plains and Penrith General Cemeteries - Conference

Compiled by: Mary Thorne, Cemeteries Officer

Authorised by: Gary Dean, Facilities Operations Manager

Requested By: Councillor David Bradbury

Strategic Program Term Achievement: Effective responses are made to the social impacts of growth, redevelopment and change.

Critical Action: Assess the social impacts of urban change in both new release and established areas and develop planned responses.

Purpose:

To consider the construction of Memorial Walls at Emu Plains and Penrith General Cemeteries, cease pre-purchase of plots at Emu Plains Cemetery and advise of the attendance of Council's Cemeteries Officer at the Australasian Cemeteries and Crematorium Conference. The report recommends that Council consider the construction of Memorial Walls, to endorse the cessation of pre-purchase of plots at Emu Plains Cemetery and to agree that new burial areas at Penrith General Cemetery be lawn and non-denominational.

Background

Since the establishment of Penrith General Cemetery in 1910, pauper/hospital/unconsecrated burials have occurred in this cemetery. There are at least four separate sections in this cemetery with two areas definitely known. The most recent is adjacent to the Children’s Memorial Garden. In this area adults are also buried.

Between 1981 and 1989, these burials also occurred at Emu Plains General Cemetery, in three separate areas, when a local funeral director held the contract for pauper/public burials. Records show section, rows and site numbers, but it is impossible to indicate where individual burials are because of the multiple use of each site. There are also burials listed with no site allocated.

Occasionally, requests are received for information regarding a burial in these areas. Cemetery staff deal with these enquiries empathetically and truthfully, explaining that the type of burial does not allow for traditional gravesite memorialisation.

It is recognised that there is a definite need for family members to be able to acknowledge their loved one who may have died in difficult circumstances and alone. Therefore, it is recommended that two memorial walls be erected. One at Emu Plains at the entry gate in Short Street, and the other, close to the Children’s Memorial Garden in Penrith General Cemetery. The walls are to be constructed in such a way as to allow small plaques to be placed on each wall by family members to commemorate persons in unmarked graves. The wall would incorporate wording to the effect “This wall commemorates those who are buried in unmarked graves in this cemetery”.

It is estimated the cost of each wall would be approximately $5,000, such funds being available from the Cemetery Reserve. Council is Trustee of both these cemeteries, and permission would need to be sought from the Department of Lands following which the walls can be constructed (early 2007).

Pre-Need Purchase of Graves at Emu Plains General Cemetery

Approximately four years ago, the practice of allowing pre-need purchase of graves at St Marys General Cemetery was discontinued with the exception of being able to purchase an additional plot, if required, next to that new burial. This was brought about by the need to continue to provide burial space when a death occurs in an almost full cemetery.

Emu Plains General Cemetery is a little different in that there are only approximately twenty burials a year, but there is demand for pre-purchase of burial sites. Space is limited because of the terrain and the haphazard manner in which pauper/public burials were placed in the Presbyterian, Methodist and Catholic Sections. Emu Plains is also heritage listed.

To preserve the amenity of the cemetery, and extend its use by providing burial space for some years to come, it is recommended that the practice of allowing pre-purchase at Emu Plains General Cemetery be discontinued.

Penrith General Cemetery is our largest cemetery and still has approximately 50 years of new ground burial life. There is some evidence of cultural groups buying multiple sites in this cemetery. At all three cemeteries there are reserved pre-purchased plots, some almost 100 years ago, that are still vacant. To ensure that this cemetery can effectively provide the community burial ground for the next 50 years, it is recommended that all new sections established be lawn and non-denominational. It would also be good management practice to consider the cessation of pre-purchase at Penrith General within the next five years.

Australasian Cemeteries & Crematoria Association Conference

The Australasian Cemeteries & Crematoria Association Conference was held this year in Auckland, New Zealand on 15-19 October. Council authorised Council’s Cemeteries Officer attendance at this Conference.

The Conference theme was ‘A Values Journey’ with a strong focus on governance. Attendees at the Conference were from Australia, New Zealand, United States, United Kingdom, Canada, Japan and China.

Penrith local government area and surrounds has a growing Polynesian and Melanesian population who have migrated to Australia from New Zealand. A topic at the Conference was Tangihanga. This is the Maori approach to the process of grieving and saying goodbye. The tangihanga usually lasts three days but sometimes six. Practices, such as providing water at the gate for spiritual cleansing when leaving the cemetery were explained.

One Conference day was spent visiting various Auckland cemeteries. They were generally of a high standard and included crematorium facilities. Manukau Memorial Gardens, a monumental lawn cemetery and crematorium, has areas of Pacific Islander burials.

One of the Islander beliefs is that you can’t walk over the grave area. Consequently, structures have been erected over the graves even though it is designated lawn. The cemetery administrators are currently dealing with this problem.

Of particular interest was the session on Green and Bushland Cemeteries. One presenter, Don Whittington, from the Metropolitan Cemeteries Board, WA talked of the growing number of green cemeteries in Britain. The other presenter, Malcolm Tucker, the CEO of Southern Regional Cemeteries Trust in Hobart spoke of the success of their cemetery at Kingston where one section is a bushland cemetery. It is understood that this is the first commercial bushland cemetery in Australia.

The grave space is pre-dug and backfilled. Motor vehicles are discouraged and the graves have a simple marker. An additional wall with bronze plaques is situated at the entry to discourage people wandering through the bush. The cemetery is popular and the Trust is looking to expand the site. There are similarities between this cemetery and what Council seeks to achieve at the proposed Castlereagh Cemetery.

Overall, the Conference was excellent, with a diverse group of participants, and provided a great opportunity to learn and exchange information.

RECOMMENDATION

That:

1. The information contained in the report on Cemetery Matters - Commemorative Walls - Emu Plains and Penrith General Cemeteries - Conference be received.

2. Memorial walls be erected at Emu Plains and St Marys Cemeteries to recognise persons buried in unmarked graves within those two cemeteries and that these walls be funded from the Cemetery Reserve.

3. Pre-purchase of burial sites at Emu Plains Cemetery be discontinued.

4. All new burial sections at Penrith General Cemetery be lawn and non-denominational.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

Tender number 12-06/07 Public Domain Cleaning Service

Compiled by: Mal Ackerman, Supply Co-ordinator

Yvonne Perkins, Community Safety Coordinator

Authorised by: David Burns, Asset Manager

Strategic Program Term Achievement: A community safety plan, building on a partnership with police, the community and other stakeholders is in place and supported by Council’s programs.

Critical Action: Maintain and implement a Community Safety Plan for the City with the aid of relevant stakeholders that responds to current prioritised issues.

Purpose:

To seek endorsement to proceed with the implementation of a Supply Agreement for the provision of public domain cleaning services within the Penrith and St Marys CBDs incorporating both Rail and Bus Interchanges, subject to agreement being reached with RailCorp regarding its contribution towards costs, for a period of 1 year with an option to extend the arrangements for a further 1 year period subject to satisfactory performance. The report recommends that Council award a contract to ACS Cleaning and Security Services Pty Ltd.

Background

During the development of its 2006/2007 Management Plan, Council resolved to seek a Special Rate Variation (Asset Renewal and Established Areas Strategy – AREAS) focusing on areas where residents have been demanding special attention. The focus is on increased investment in infrastructure renewal and public domain maintenance (including roads, buildings, graffiti removal and street cleaning, as well as footpath cleaning of the Penrith & St Marys CBD’s) and programs addressing the needs of the city’s older areas.

The Established Areas Strategy initiatives range from physical infrastructure to social wellbeing and community engagement strategies. One component of the program is Public Domain Maintenance and CBD Maintenance, which has the aim of increasing the level of maintenance, and raising the amenity of the public domain across the City, including enhancing the current level of the CBD cleaning in Penrith and St Marys.

The Special Rates Initiative provided additional funding of $850,000, which allowed for four additional public domain maintenance units ( $300,000 for laneways, local shopping strips, car park, bus shelter cleaning and maintenance, and enhanced litter patrols); an additional night sweeper for the industrial areas ($140,000); and $410,000 for the engagement of specialised cleaning contractors for the Penrith and St Marys CBDs. The aim of the contracts is to bring “shopping centre” cleaning standards to the CBDs, similar to the standards being achieved at CBDs on the Central Coast. Councillors, Council staff and representatives of the Penrith City Centre Association had previously inspected this process of CBD maintenance at Gosford and The Entrance in 2005. Council staff who currently operate in the CBDs were reallocated to the additional Public Domain Maintenance Units referred to above. The documentation for the Asset Renewal and Established Areas Strategy identified the proposal to use specialised contractors for this service.

Current Situation

Tenders for the provision of Public Domain Cleaning Services for a one (1) year period, with an option to extend for further 1-year period, allowing for rise and fall provisions, were advertised in the Penrith Press and Sydney Morning Herald and placed on the e tendering web site on 12 September 2006, closing on Tuesday 10 October 2006.

The scope of the works required in this tender included the following requirements:

1. To provide Public Domain Cleaning Services that includes mechanical sweeping and scrubbing of footpaths; street furniture cleaning (including signage); minor graffiti removal from street furniture, signs and tiled surfaces; and litter removal during allocated time periods including weekdays, weekends and public holidays for the following areas:

· Penrith CBD

· St Marys CBD.

2. The tender also required respondents to submit a separate proposal to provide the same level of service for Bus and Rail interchanges in both areas. These areas were included as provisional items, and would be dependant on an agreement being reached with RailCorp who own the land on which the interchanges have been constructed.

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

All prospective tenders were required to attend a pre-tender briefing on Tuesday 26 September 2006. 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 Co-ordinator), David Burns (Assets Manager), and Yvonne Perkins (Community Safety Coordinator).

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderers were as follows:

Mandatory Criteria

· Conforming Requirements

· Conflict of Interest

· Insurance

· Instrument of Agreement

· Company Profile

· Statement of Conformance

Scope of Services

· Demonstrated ability in meeting the supply of services required

· Compliance to specified requirements

· Response times

· Conformance to standards

Cost/Price Category

· The rates and unit prices for the services specified

· Rise and fall provisions

· Payment terms

Business Category

· Financial viability

· Business record

· Safety record

Management and Administration

· Occupational Health & Safety and Public Liability Management

· Reporting capabilities

· Company resources and personnel

· Support systems

· Quality of services

· Environmental Management

Summary of tenders received

A total of 8 submissions were received in response to the advertised tender. Of these, a lodgement from Clean Street Cleaning Pty Ltd was a blank document with no details provided. Upon contacting this company, it was clarified that their original intention was to submit an offer, but it ultimately decided not to submit a response. As the conditions of tender required all documentation to be completed, the tender from Clean Street Cleaning Pty Ltd is considered non-conforming and was not considered further.

The remaining 7 tenderers, as listed below, were included in the final evaluation:

Total Cleaning Services Pty Ltd	Rapid Construction Pty Ltd
Stardel Cleaning & Maintenance P/L	Prosweep Pty Ltd
ACS Cleaning & Security Pty Ltd	Denmead Holdings (Quick N Clean)
Reflections Group

Evaluation of Offers

Compliance

All tenders were assessed against the evaluation criteria based on their written submissions.

All companies who submitted an offer demonstrated that they met the specified requirements.

Prices

Prices were requested for each of the areas specified in the tender documents. Tenderers were requested to provide a lump sum weekly cost for each of the services specified. There are several cost tables included in this report, including the weekly unit rates and the annualised cost based on the weekly unit rates tendered.

The total annualised cost tables are displayed from lowest to highest. A separate table has been included, showing the total annualised cost for the stated provisional items (Bus/Rail Interchanges).

Table 1 - Weekly unit rates for CBD Cleaning, St Marys and Penrith

Respondent	Per week Penrith CBD	Per week St Marys	Combined Weekly Total
Reflections Group	1,818	1,385	3,204
Total Cleaning Services	2,855	2,198	5,053
ACS Cleaning & Security Pty Ltd	3,288	2,988	6,276
Rapid Construction	3,471	3,237	6,708
Stardel Cleaning & Maintenance P/L	4,917	2,585	7,502
Prosweep	6,000	4,500	10,500
Denmead Holdings	10,935	6,646	17,580

** The original submission from Reflections stated a weekly rate of $13,854.50. The total annual cost indicated a weekly rate of $1,385.47, as stated above. Reflections Group has confirmed in writing that the original amount contained a decimal point error.

Table 1A - Weekly unit rates for Rail and Bus Interchanges

Respondent	Per week Penrith	Per week St Marys	Combined Weekly Total
Total Cleaning Services	330	280	610
ACS Cleaning & Security Pty Ltd	406	381	787
Reflections Group	670	573	1,243
Rapid Construction	840	840	1,680
Denmead Holdings	1,885	1,650	3,535
Prosweep	2,500	2,500	5,000
Stardel Cleaning & Maintenance P/L	2,569	1,973	4,541

Table 2 - CBD Cleaning, St Marys and Penrith - Annualised Cost

Respondent	Cost Penrith CBD	Cost St Marys	Combined Total
Reflections Group	94,558	72,044	166,602
Total Cleaning Services	148,451	114,300	262,751
ACS Cleaning & Security Pty Ltd	170,976	155,376	326,352
Rapid Construction	180,487	168,320	348,807
Stardel Cleaning & Maintenance P/L	255,672	134,427	390,099
Prosweep	312,000	234,000	546,000
Denmead Holdings	568,595	345,575	914,170

Table 2A - Provisional Items - Rail and Bus interchanges and annualised overall cost

Respondent	Bus/Rail Interchanges	CBD Cleaning	Overall Combined Total (Includes Table 2 & 2A)
Reflections Group	64,651	166,602	231,253
Total Cleaning Services	31,720	262,751	294,471
ACS Cleaning & Security Pty Ltd	40,924	326,352	367,276
Rapid Construction	87,360	348,807	436,167
Stardel Cleaning & Maintenance P/L	236,148	390,099	626,247
Prosweep	260,000	546,000	806,000
Denmead Holdings	183,820	914,170	1,097,990

As stated above, all companies that submitted tenders demonstrated compliance with the selection criteria. After the initial evaluation, there was no benefit to Council in further considering the tenders from Prosweep and Denmead Holdings due to the high costs submitted.

The top 5 ranked companies were invited to attend interviews with the selection panel, to determine their understanding of the scope of the works required, detail their relevant experience, and to ascertain the level of resources that each company would allocate to this project. All 5 companies attended interviews.

Following the face to face interviews with the top 5 ranked companies, it was determined that, based on the prices tendered, there was no advantage to Council in further pursuing the offers from Stardel and Rapid Constructions.

The following companies were considered for further evaluation, and a short profile of each organisation has been included below.

Tenderer	Profile
Reflections Group	Reflections Group’s registered office is in Victoria with an office in Castle Hill, NSW. This company has an extensive portfolio of providing cleaning and security services to a number of major shopping centres, including Westfields at Parramatta and Erina Fair (Gosford). Reflections Group was formed in February 2006.
Total Cleaning Services	Total Cleaning Services is based in Liverpool NSW and had been in operation since 1993. This company is currently carrying out cleaning of all Child Care Centres for Penrith Council. They are mainstream building services cleaners and have minimal experience in Public Domain cleaning, although they are currently performing cleaning services for various car parks as well as Lansvale Shopping centre.
ACS Cleaning & Security Pty Ltd	ACS Cleaning and Security Services is based on the Central Coast and has been in operation since 2002. This company has extensive experience in providing Public Domain cleaning services, and has recently had contracts renewed for 3 years with Gosford City Council for all of their CBD Cleaning Services. Other clients include the Entrance Town Centre Management and Chamber of Commerce, along with Mackenzie Hall Pty Ltd and Wyong Shire Council.

Other investigations

Further investigations of the 3 short listed companies were carried out, and these included:

· Details of resources allocated for this project including labour, machinery, equipment and pay rates

· Visual inspection of existing similar projects

· Referee checks

· Risk Analysis.

Each of the above elements are addressed separately as follows.

Resources

All short listed companies were requested to provide comprehensive details of resources allocated to this project. The level of resources varied between each company.

Labour:

ACS Cleaning and Security Services allowed for 2 full time staff each for Penrith and St Marys CBD areas plus daily supervision. All rates paid to staff are in accordance with the NSW State Cleaners award for category Grade 1 Cleaner $15.26 per hour. ACS own and maintain all equipment including street sweepers and scrubbers. ACS advised that the staff who work Monday to Friday would also be employed on Saturdays and Sundays, on a rotation basis, to maintain continuity and “ownership of the work”.

Total Cleaning Services allowed for 2 full time staff for Penrith CBD and 1 ½ employees for St Marys plus periodic supervision. Total Cleaning also pay employees in accordance with the relevant award. They own their own street sweeper, but will be outsourcing the scrubbing and/or high pressure cleaning.

Reflections Group have only allowed for 1 full time employee and a part-time employee for 5 hours at both Penrith and St Marys CBDs, with an overlap on each shift of 3 hours. The rate of pay for the employees is based on a higher level (Leading hand rate), as the cleaner also acts as the workplace supervisor. Reflections Group indicated that all necessary machinery and equipment would be provided by them. It should be noted however, that the Reflections Group advised that the recovery of these charges, as well as general overheads, were costed into the Rail and Bus Interchange Cleaning. The Reflections Group also advised that casual staff would be employed for the weekends at both locations.

Machinery & Equipment: All 3 companies indicated that the required equipment to service the contract will be provided, although Reflections Group indicated a high reliance on mechanical sweeping, rather that the presence of labour.

Visual Inspection of Existing sites

Each of the short listed companies nominated existing sites that are currently cleaned.

The evaluation committee inspected a number of sites, and all sites visited had a neat and generally clean appearance. In some cases, staff were spoken to and presented themselves well and displayed a good disposition. There were no visible signs of poor quality workmanship.

Referee Checks

Referee checks were carried out on all 3 short listed companies. In all cases, reports indicate a high level of performance and customer satisfaction.

Risk Analysis

Based on the information obtained from each of the short listed companies, in regard to the level of resources allocated for this project, a number of key risks were identified that would have a high impact on the outcome of the specified services. The following table indicates the level of probability, and the level of impact on each of the short listed companies.

Identified Risk	Impact	Probability
Identified Risk	Impact	ACS	Total Cleaning	Reflections Group
Performance of Service failing due to low cost allowance to meet labour requirements	Very High	Very low	low	Very High
Standard of Service poor due to insufficient experience in Public Domain cleaning	High	Very low	high	Medium
Failure to deliver satisfactory outcome due to insufficient resources	High	low	low	High
Quality of workmanship unsatisfactory due to lack of supervision and control	High	Very low	low	Very High

As indicated by the table above, the probability of risk associated with ACS is extremely low, when compared to Reflections Group. This service is a service that must be provided to a high standard. Concern is expressed at the risk associated with the engagement of the Reflections Group, and to a lesser degree Total Cleaning, because of the limited resources tendered. Both Reflections Group and Total Cleaning have demonstrated limited experience in public domain/ CBD cleaning works.

The cost differences between all 3 companies can be clearly identified, given the level of resources offered by each of the Tenderers. For example, the labour resources included by ACS are 2 1/2 times those offered by Reflections Group, and 1 ½ times those offered by Total Cleaning Services.

Conclusion

Reflections Group

Based on further detailed discussions with this Company. it was evident that there was insufficient funding allowed for in their tender for the cleaning of the main sites (Penrith and St Marys CBD). For example, based on the total person hours allowed for in their tender, the total cost of labour, including statutory overheads, was $176,000. The annual cost submitted by Reflections Group of $166,000 does not seem to even meet this commitment. During these discussions, they indicated that most of the other costs associated with this project were to be recovered in the provisional items (Bus and Rail Interchanges). It was clearly stated in the tender documents that this work was provisional only, and Council may not proceed with the cleaning of Bus and Rail interchange areas. Reflections Group stated they would have difficulty in maintaining the arrangements unless the total Contract was awarded to them. Based on these facts, the evaluation team has serious concerns regarding the continued sustainability of the service. The concerns are further confirmed by the risk profile analysis included in this report.

Their level of Public Domain cleaning services experience is limited and their core business at this time is mainly shopping centres.

Total Cleaning Services

Although their tender allows for a reasonable level of resources, their experience is limited to general cleaning services, with only minimal experience in Public Domain cleaning. The type of equipment available for this project is also limited, and considerable set up, along with sub contracting, would be required to effectively perform the required work.

ACS Cleaning and Security Services

Given the high level of experience in Public Domain Cleaning, this company represents minimal risk to Council, and the level of service currently being performed for Gosford and Wyong Councils cannot be faulted. On this basis, along with their high level of understanding of the work required, which includes the relationship between the contractor staff and the public and business community, ACS Cleaning and Security Services represents the best overall value to Council, and they are therefore recommended for acceptance.

RECOMMENDATION

That:

1. The information contained in the report on Tender number 12-06/07 Public Domain Cleaning Service be received.

2. Council accept the tender from ACS Cleaning and Security Services Pty Ltd and a contract be awarded to them for Penrith and St Marys CBD Cleaning services for an initial period of 12 months with an option to extend the arrangements for a further 12 months subject to satisfactory performance.

3. The Cleaning of St Marys and Penrith Bus/Rail interchanges (provisional items) are also awarded to ACS Cleaning and Security Services Pty Ltd subject to satisfactory agreement being reached with Railcorp regarding their contribution towards cost.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

The Community Partnership Program of the NSW Cancer Council

Compiled by: Monique Desmarchelier, Healthy People Partnership Officer

Authorised by: Wayne Mitchell, Environmental Health Manager

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Undertake a program of activities to safeguard and improve the health of the community.

Purpose:

To provide Council with information about the NSW Cancer Council Community Partnership Program and update Council on recent activities by the Healthy People Partnership Officer and other departments to reduce the impact of cancer and harmful effects of smoking. The report recommends that Council join the NSW Cancer Council Partnership Program in order to progress the work already commenced.

Background

Cancer places a huge burden on our community, with one in three men, and one in four women being directly affected by cancer before they are 75 years of age (Australian Institute of Health and Welfare, 2002). In NSW, there were over 30,000 new cancers diagnosed during 2002 - not including skin cancers (NSW Cancer Council, 2006). For men, prostate cancer and colorectal cancer accounted for the majority of cases, while for women breast and colorectal sites were the most common.

In relation to deaths in NSW during 2002, there were 12,338 deaths from all cancers - for men, the two most common causes were due to prostate and lung cancer and for women, breast and lung cancer (NSW Cancer Council, 2006).

Australia (together with New Zealand) has by far the highest incidence and deaths from skin cancer in the world. This is due to the sun exposure during outdoor activities. Overall though, compared to other developed countries, Australia has high rates of cancer, but low rates of death from cancer, indicating that early detection, through screening programs and treatment, is improving the likelihood of surviving cancer (Australian Institute of Health and Welfare, 2001).

It is smoking that can contribute to a significant number of lung cancers and other cancers. Secondhand smoke created by smokers is also harmful to both children and adults, but it is especially dangerous to children because their lungs and body weight are small, so the dangerous substances in smoke are more harmful. Infants or children who breathe other people’s smoke are also more likely to develop middle ear and chest infections, croup and wheezing (NSW Cancer Council).

In Penrith, during the 1998-2002 period, 2,640 people were diagnosed with cancer, and over 1,000 died from cancer - 9% higher than the state average. The two most common cancers for the area were bowel and lung cancer. Data from NSW Cancer Council indicates that those diagnosed with lung cancer in Penrith was 21% higher than the state average. This translates into 21% of deaths in men and 14% of deaths in women being as a result of lung cancer (NSW Cancer Council, 2006).

Western Sydney continues to report higher rates of smoking, and lower rates of cessation, than NSW overall. The proportion of residents aged over 16 years that smoke in Penrith is 24.7%. This is significantly higher than the NSW average of 21.9%. Data collected by Wentworth Area Health Service and NSW Health identified that illness associated with tobacco usage in Western Sydney amounts to almost $30 million per year in hospital costs alone.

NSW Health has called upon Governments at all levels, and other organisations, to develop policies, legislation, and action plans to protect the community from the effects of passive smoking.

It is understood that local government does not have any control over the hospital system, however Council can have a positive impact on reducing the impact of cancer and promoting health and wellbeing of the community, through a range of initiatives. Some of the activities that Penrith Council has recently been involved with are outlined below. Another way that Council can assist is by joining the NSW Cancer Council Community Partnership Program, and examples of these activities are discussed below.

NSW Cancer Council Community Partnership Program

The Cancer Council has approached Council to consider joining its Community Partnership Program. As a member of the partnership, Penrith Council would be entitled to a range of free services and material. Some of these include:

Understanding Cancer - Local libraries

This program provides:

· Free, quality-assured information, including brochures and booklets to libraries on the topics of preventing cancer, cancer treatments and supportive care

· Information sessions for library staff about setting up and running the service and guidance on where to refer people who have questions about cancer

· A Recommended Reading List, which many libraries now use when buying new books about cancer.

· A range of display units that can be purchased through The Cancer Council.

The Penrith library staff already display the brochures and receive the recommended reading list. The City Librarian has been advised of the option of formalising the arrangement and he was supportive of the program.

Community Speakers Program

The Community Speakers Program was developed in 2002 to enable a response to requests for speakers. This program focuses on issues relating to prevention, early detection, information and support services, and Cancer Council events. The speaker can deliver a 20-30 minute presentation on the topic requested, and provide information resources for participants to take with them. The range of topics includes skin cancer, bowel, prostate, breast and cervical cancer, diet and cancer prevention, fundraising and events.

The program is available to community and service organisations, neighbourhood groups, childcare centres and small businesses. Council could also use the speakers’ sessions to promote their own programs and services, such as smoke free parks and reserves.

Sun protection resources for childcare staff, parents and the community

Childhood sun exposure can increase the risk of skin cancer. The Cancer Council NSW has developed a number of resources for parents and childcare services, addressing the importance of sun protection and ways to protect infants and children. Free resources are available for councils to distribute through childcare facilities, playgroups and other family-oriented venues and activities.

Councils can help educate seniors about skin cancer also, and give them more confidence to detect any abnormalities early and seek appropriate treatment. Councils would be provided with information brochures, posters, copy for short articles, and filler ads.

Support for creating a healthy workplace

Workplaces have an impact on health, and there are many benefits to having healthy workplace policies, including:

· Increased staff morale

· Increased productivity and enhanced concentration

· Increased wellness

· Decreased absenteeism

· Consistency with Occupational Health and Safety legislation, whereby an employer must ensure that the working environment is safe and without risks to health.

Some of the resources available for the workforce are sun protection and a smoke free workplace policy, catering guidelines for events and function, and policy on responsible service of alcohol.

Smoke-free Playgrounds

The NSW Cancer Council can provide assistance with the aim to provide smoke-free playgrounds and sporting fields throughout NSW. Councils would be seen as progressive by adopting a smoke-free playground policy. Interestingly, reported compliance from such a venture is good despite little enforcement of the smoke-free playgrounds and fields.

An additional benefit to councils is the reduction in littering of non-biodegradable cigarette butts, the most littered item in the world, around playgrounds, sporting fields and parks.

Councils can get involved in this program by making a policy decision to ban smoking in playgrounds and sporting fields. The Cancer Council can provide:

· Smoke-free playground kits – these provide more information for councils so that they can make an informed decision about this issue. The kit includes five fact sheets, and a sample report and motion for Council

· Speakers –The Cancer Council can also provide someone to speak to Council about smoke-free playgrounds.

Council Commitment

In order to become a community partner, there is no cost for Council, other than the Cancer Council asking that Council provide a venue for Support Group and Living with Cancer Education Program workshops. Current partnerships have found that, where these support services are adopted locally, referrals to existing local services also increase (NSW Cancer Council). There are currently two small groups that meet at Nepean Hospital of an evening. Council can offer them a room but they will most likely continue to meet at the hospital.

Current Council Activities

Smoke free Playground Pilot

In 2005, five playgrounds were chosen for the Smoke free pilot. Adult users of the playgrounds were surveyed by the Healthy People Partnership Officer (HPPO), to ascertain their view of Council facilities being smoke free. There appeared to be large amount of awareness from participants regarding the issue of passive smoking. Furthermore, some respondents felt that Council addressing the issue was an excellent idea. In general, however, participants seemed more concerned about the litter in the playgrounds. Cigarette litter is a real concern and Council’s Waste Education Officer and others have been concentrating on remedying this issue. The signs are still present at the various playgrounds, and with the support from the NSW Cancer Council, signs are proposed to now be erected in all Council playgrounds and fields, as an educational tool in getting people to think before lighting up in front of children.

Staff Smoke Cessation group

In August 2006, Council all staff were sent an invitation to participate in an innovative program to assist them to quit. Other organisations have shown that support from colleagues, and the use of nicotine replacement therapy (NRT) in the form of patches, is more effective in getting people to quit than one or the other. Thirty-four people from both indoor and outdoor staff registered for the introductory information session held in the beginning of September. At this session, the group discussed why they wanted to quit, any previous attempts, and the benefits of being smoke free.

The drug and alcohol counsellors at the St Marys Community Health Centre facilitated this session. The counsellors then saw each interested staff member individually, to look at their level of addiction and set some goals. At this stage, approximately 25 staff were continuing with the program. Counsellors regularly contacted the Council staff, and St Mary’s staff also attended some small group sessions at the community health centre. Throughout the program, the HPPO provided administrative assistance. It is hoped, with ongoing support from management and Workforce Development, that another program can be facilitated in 2007, based on the feedback from current participants and interest from people who would like to quit.

Two months after the program began, 13 staff had a discussion on what worked and what could be improved upon, if the program was conducted again. Overall though, 16 out of 26 staff had successfully quit smoking. This is well above the usual success rate of 33%. In addition another eight have reduced their use of cigarettes considerably going from 25 per day to two or three. This is also a great result. Participants will be contacted again in February 2007, to evaluate their progress after five months.

Management at the St Marys depot has reported the majority of staff who participated no longer smoke at work, and from that point of view the program is considered a success. The counsellors who ran the groups also consider the program a success. Participants said they were able to support each other which improved the likelihood of quitting.

Smoke free events

The HPPO initially approached the Recreation and Cultural Facilities Coordinator in Council, to promote Smoke Free Council events. This has resulted in two events during 2006 being smoke free. Both these events were held at the Sydney International Regatta Centre (SIRC). Australia Day Celebrations in January was the first smoke free event. This involved smoke free symbol and words being displayed on promotional material, prior to the event, and banners reinforcing the message displayed at the event. The second smoke free event was ACTIVATE, held only recently. Again, this event was advertised as smoke free, and smoking was not permitted on the grounds of the Regatta Centre. Although smoking is not permitted at the venue, advertising material and banners reinforce the SIRC policy and confirm Council’s commitment to a smoke free environment.

Smoke Free Workplace policy

The original 1999 policy was updated earlier this year, with information included on Environmental Tobacco Smoke (passive smoke), resources, and information on quit smoking and changes in legal requirements under the Occupational Health and Safety Act (2000).

Distribution of material

Posters and fact sheets from NSW Health have been supplied to staff at the Kingswood depot, and childcare centres, on the dangers of smoking, especially to children, in the car and home, effects of smoking on people’s health and suggestions on ways to quit. Stickers displaying the no smoking logo were also distributed.

Relay for life

The Penrith Relay for Life is an annual event, co-coordinated by an Organising Committee made up of local volunteers, and administered by The Cancer Council NSW. Penrith City Council is a regular, major sponsor of the Penrith event, both financially and with ‘in-kind’ contribution.

The Relay is a 24 hour event held at Howell Oval, Penrith. The event starts at 10am on Saturday morning with the Survivors and Carers walk. The first lap of the Relay is an inspirational start, allowing survivors of Cancer and their carers to walk with pride, to much applause. Participants are then able to take to the track and the Relay continues until 10am on Sunday morning. The day is filled with entertainment, food, and of course, exercise. The Candlelight Ceremony of Hope is an emotional tribute to loved ones who have been affected by Cancer, and the Relay track is lined with candles and messages of hope and love. Saturday night is quite a party before participants tuck down for the night in the ‘tent city’. Sunday morning’s highlight is a free breakfast for all who stayed and walked through the night.

Each year, Penrith City Council registers a team of between 20 – 50 people who participate in the Relay for Life. The total amount raised from the 2006 Penrith Relay for Life event was over $100,000.00.

Penrith City Council supports the annual Penrith Relay for Life event through:

· $3,000.00 sponsorship contribution to the event

· Payment of team participant registrations

· Penrith City Council officer representation at Committee Meetings and assistance to event organisers at the event

· ‘In-kind’ contribution of staff time and equipment for event set up and set down

Future activities

Smoke free playgrounds

Following the pilot and other activities, the HPPO would like to extend the smoke free facilities to all outdoor playgrounds and sporting fields. This is in line with what other councils are doing around NSW, where smoking is prohibited within ten metres of Council outdoor facilities. Council will work with the sporting groups to emphasise the importance of a smoke free environment for children.

Use of media

Local papers will be used to keep the community informed on what Council is doing to reduce the harmful exposure of tobacco smoke to children. Other articles can be included to educate the community on the dangers of smoking, and services to assist quitting.

Conclusion

Council currently has a number of activities to raise awareness within the community, of the impact of cancer, and to reduce the impact of smoking in the community. By becoming part of the NSW Cancer Council Community Partnership Program, this will assist in advancing some of the work already commenced, and aid in continuing to improve the health and wellbeing of the resident and workers in the region. This will be achieved through:

· Learning about and adopting new policies that will help reduce the incidence of cancer in our area

· Supporting Cancer Council advocacy campaigns that will benefit the people of our community

· Using Council communication channels, venues and networks to help deliver Cancer Council information and education

· Allowing free use of Council venues and other resources for support group meetings, education programs and other activities that benefit cancer patients and their families in our area

· Supporting Cancer Council efforts in our area to raise money for cancer research, prevention and support.

RECOMMENDATION

That:

1. The information contained in the report on The Community Partnership Program of the NSW Cancer Council be received.

2. Penrith City Council join the Community Partnership Program of the NSW Cancer Council and affirm its commitment to reduce the impact of cancer in the local community by participating in the events and program detailed in this report.

3. The Environmental Health Manager and the Community Development Manager be nominated as the dedicated Relationship Managers for this community partnership.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List

Compiled by: Tony Crichton, Senior Environmental Planner

Authorised by: Roger Nethercote, Environmental Planning Manager

Strategic Program Term Achievement: Cohesive communities are formed based on sustainable, safe and satisfying living and working environments.

Critical Action: Prepare and implement plans for each new release area that deliver quality, sustainable living and working environments.

Purpose:

To inform Councillors that the Australian Heritage Council has recently advised Council that it has received a nomination for two sites located in the St Marys Release Area to be placed on the National Heritage List. The nominated places are known as the Former ADI Site and the King Family Farm Site and Trees. The report recommends that Council make a submission to the proposed listing of the two nominated places on the National Heritage List.

Background

In June 1997 the Australian Heritage Commission (AHC) made an interim listing of 1100 hectares of the ADI Site on the Register of the National Estate. A number of submissions were made to the Commission on its interim listing proposal. The AHC engaged environmental consultant, Ian Perkins to provide an independent assessment of the vegetation within the disputed areas of the ADI Site, particularly in the north-west sector.

In consideration of the proposed interim listing, in June 1997 Council took the decision that its preferred option was for the whole of the ADI Site to be conserved as a ‘Federation Park’. To achieve that outcome, Council commenced lobbying for the conservation of the whole of the site and sought Commonwealth Natural Heritage Trust funding as a means of securing the interim AHC listed bushland, as well as funding from the then Federation Fund to secure the rest of the site. Those funding requests were subsequently denied.

The Perkins study identified areas of high and moderate quality remnant Cumberland Plain Woodland in the Western Precinct of the ADI Site and recommended a revised boundary to the interim National Estate listed area. The main area identified by Perkins as possessing conservation value was a ‘finger’ of bushland traversing the north-western corner of the site. Other smaller patches in the south-western corner and central areas of the site were also identified. It is noted that the Perkins study did not identify any significant value in that portion of the Western Precinct excluded from the now expanded Regional Park.

Independently of the nomination of the whole of the ADI Site to be listed on the Register of the National Estate, the King Family Farm Sites and Trees were listed on the Register of the National Estate in 1998. The listing comprises the Dunheved and the Elizabeth King Farm archaeological sites and nineteenth century trees.

In February 2000 Council engaged the services of an independent biodiversity consultant, Michael Doherty (CSIRO), to prepare a review of biodiversity values on the ADI Site. This report also acknowledged the significant biodiversity values in the north-western portion of the ADI site, in the area identified by Ian Perkins.

The final listing of the ADI Site by the AHC emerged in February 1999. A map indicating the final listing is appended to this report. The listed area included a total of 830 hectares, of which 178 hectares was outside the proposed Regional Park zone identified by the Department of Planning and 652 hectares was within this proposed zoning. The Western Precinct remained identified as being suitable for urban development.

In late 1999, the Minister for Environment and Heritage, Senator Hill advised the Commonwealth Government’s Environment, Communication, IT & The Arts Senate Committee (Senate Estimates Committee) that in regard to the ADI site the position of the Government was that although some of the land should be retained for conservation purposes and some of it should be sold to maximise the Commonwealth's capital return, the debate is about the detail of that.

In February 2000, as a result of this decision by the Commonwealth Government, Council adopted the position that the optimum conservation outcome should be pursued which at least matched those lands finally listed by the AHC on the Register of the National Estate. This position was pursued vigorously with Commonwealth and State Governments.

In January 2001 the State Government gazetted Sydney Regional Environmental Plan (SREP) No 30 – St Marys. The Plan indicated a smaller area of remnant bushland to be contained in the proposed Regional Park, which was less than the AHC’s listing on the Register of the National Estate.

During the Federal Election Campaign in October 2001, the Commonwealth Government announced that it would preserve an additional 250 ha of Cumberland Plains Woodland on the site. This resulted in the total area of Cumberland Plain Woodland listed on the Register of the National Estate proposed to be conserved being increased to 828 ha.

In October 2001, the Commonwealth Government announced that it would commission an extensive review of Commonwealth Open Spaces in Western Sydney to assess their conservation values. The purpose of this review was to ensure that future development of such land is compatible with good conservation practice. In December 2002, Council was advised by the Minister for the Environment and Heritage that the review of conservation values in Western Sydney will not cover the ADI Site, given that the land uses had already been given extensive consideration in the planning investigations to date.

More recently, it is understood the sale of Comland to Delfin Lend Lease, by the Commonwealth Government, was predicated on the position already reached in the formulation of the Deed of Agreement between the developers, the Commonwealth Government and the State Government. This transaction has also been based on the opportunities presented by the urban development zonings outlined in the Regional Environmental Plan (SREP 30) prepared by the State Government.

On 11 April 2006 the NSW Government gazetted SREP 30 – St Marys (Amendment No 1). This resulted in the area of the Regional Park within the St Marys Release area being increased to approximately 900ha, and included all of the RNE listed lands. A copy of the zoning map relating to SREP 30 Amendment No 1 is appended to this report.

On 4 October 2006 the Minister for Planning declared the Western and Central Precincts as release areas. This decision paves the way for precinct plans for the Western and Central Precincts in Penrith LGA to be prepared and submitted to Council for consideration and adoption to guide development of these areas.

A chronology of the key aspects relating to the biodiversity issues affecting the site is attached to this report.

Previous Request for Emergency National Heritage Listing

On 29 November 2004, Council received advice from the Commonwealth Department of the Environment and Heritage that the Member for Lindsay, the Hon Jackie Kelly MP had made a request, under Section 324F of the Environment Protection and Biodiversity Conservation Act 1999, for the emergency National Heritage listing of the ADI Site Western Precinct.

The submission argued that the National Heritage values of the Western Precinct were under imminent threat, due to the proposed implementation of the Macrofauna Management Plan (MFMP), and due to the proposed urban development of the Western Precinct. The submission included a Statement of Significance in support of the claim for National Heritage significance.

On 15 December 2004, the Minister for the Environment and Heritage, Senator Ian Campbell, announced that the Western Precinct of the former ADI site will not be given an emergency listing on the National Heritage List. He further announced that:

“I have accepted the conclusion presented to me that that the values of the nominated site fell below the high threshold required for National Heritage Listing, as clearing and the introduction of exotic species have severely affected the area. An assessment of this area was conducted between 1996 and 1999 for the Australian Government’s Register of the National Estate, and this also found the site lacked heritage values.

Large remnant areas of Cumberland Plain Woodlands are located within the Western Sydney Shale Woodlands at St Marys and also at the East Orchard Hills area, both of which are outside of the area nominated for emergency listing. These areas are already recognised for their heritage value through their inclusion on the Register of the National Estate and play an important role in the local community.”

Current Nomination of ‘Former ADI Site’ and ‘King Family Farm Sites and Trees’ on the National Heritage List

The Australian Heritage Council (AHC) recently advised Council that it has received a nomination for two sites, located in the St Marys Release Area, to be placed on the National Heritage List. The nominated places are known as the former ADI Site and the King Family Farm Sites and Trees. Details of who has made the nominations are not available. Maps indicating the areas the subject of the nominations are appended to this report.

The ‘former ADI Site nomination’ encompasses approximately 1150 ha, and includes that part of the site already listed on the Register of the National Estate (in essence the now proposed Regional Park), as well as the Western Precinct currently zoned and released for development purposes.

The ‘King Family Farm Sites and Trees’ nomination includes the Dunheved Homestead complex site, two planted pine and bunya pine sites, and the Elizabeth King Farm Site. This includes land within the South Dunheved Employment Precinct, the Regional Park, the Regional Open Space zone and the Central Precinct.

Public notice was given by the Commonwealth Government on 31 October 2006 of the nominations and of the closing dates for comment on 29 November 2006. Insufficient time has been made available for us to be able to assess the implications of the nominations in detail or carry out any further research. We have written to the AHC, responding to the specific information they have sought, and requested an extension of time to enable us to examine the proposal and report that initial assessment to Council. The AHC has subsequently agreed to Council’s request to provide a submission by 22 December 2006.

The Statements of Significance provided with the nominations are included in the attachments.

Register of National Estate Listing

The Register of the National Estate is a list of important natural, Indigenous and historic places throughout Australia. It is a statutory register established under the Australian Heritage Commission Act 1975. Under that Act, the Australian Heritage Commission compiled a record of more than 13,000 places, including the former ADI Site. The Australian Heritage Commission Act of 1975 has now been repealed but the Register of the National Estate has been retained under the Australian Heritage Council Act 2003.

The Australian Heritage Council will compile and maintain the Register. Registered places are recorded on a database that will continue as a significant information and education resource on Australia’s natural and cultural heritage places.

Under the proposed new heritage regime no new places will be added to the Register of the National Estate, and the Register will only serve as an information database. The intention is that the Register will remain an important information resource on the Australian Heritage Places Inventory, which will link national, state and territory heritage databases through the internet.

It has been stated by Environment Australia that the Register of the National Estate will serve as an explicit trigger for Commonwealth actions under Section 28 of the EPBC Act. This means that the Commonwealth or a Commonwealth agency must not take an action inside or outside Australia without the Minister's approval, if it may have a significant impact on the heritage values of a place listed on the Register.

National Heritage Listing

The National Heritage List is made up of places or groups of places that are considered to be of outstanding heritage value to our nation. Only information on a place’s national heritage values is recorded in the list, and only these values are protected by the Australian Government. A place may have natural, Indigenous or historic values, or a combination of all three. The Australian Heritage Council assesses the values of any place nominated against set criteria and makes recommendations to the Minister about listing.

The final decision on entry of places in the National Heritage List will be made by the Minister for Environment and Heritage. Final gazettal of a place on the List may include a statement by the Minister on management and funding arrangements.

The National Heritage criteria for a place are any or all of the following:

(a) the place has outstanding heritage value to the nation because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history;

(b) the place has outstanding heritage value to the nation because of the place’s possession of uncommon, rare or endangered aspects of Australia’s natural or cultural history;

(c) the place has outstanding heritage value to the nation because of the place’s potential to yield information that will contribute to an understanding of Australia’s natural or cultural history;

(d) the place has outstanding heritage value to the nation because of the place’s importance in demonstrating the principal characteristics of:

(i) a class of Australia’s natural or cultural places; or

(ii) a class of Australia’s natural or cultural environments;

(e) the place has outstanding heritage value to the nation because of the place’s importance in exhibiting particular aesthetic characteristics valued by a community or cultural group;

(f) the place has outstanding heritage value to the nation because of the place’s importance in demonstrating a high degree of creative or technical achievement at a particular period;

(g) the place has outstanding heritage value to the nation because of the place’s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

(h) the place has outstanding heritage value to the nation because of the place’s special association with the life or works of a person, or group of persons, of importance in Australia’s natural or cultural history;

(i) the place has outstanding heritage value to the nation because of the place’s importance as part of indigenous tradition.

The heritage values of a place included in the National Heritage List are protected under the Environment Protection and Biodiversity Conservation Act 1999. This means that a person cannot take an action that has, will have, or is likely to have, a significant impact on the heritage values of the place without the approval of the Commonwealth Minister for Environment and Heritage.

At present, there are some 34 items on the National Heritage List, including places such as the Sydney Opera House, North Head, Kurnell Peninsula and Glenrowan Heritage Precinct.

Commentary on Current Nomination

Our initial examination of the proposed National Heritage Listings suggests that there may be a number of difficulties in the nominations succeeding. Those may be summarised as:

1. Statements of Significance

It would appear that the statements of significance advanced for the current National Heritage nominations are virtually identical to those which support the existing listings of the former ADI Site and King Family Farm Site and Trees on the Register of the National Estate. This suggests that the proposed nominations have not identified anything new or of additional significance that was not properly taken into consideration in the Commonwealth’s decision in listing these sites on the Register of the National Estate in 1999. It is reasonable to assume that the Australian Heritage Commission’s examination of the natural and cultural values of the ADI Site Western Precinct and King Family Farm site at the time was extensive, drew on expert independent advice and properly considered the relative values ascribed to these items, including their national significance.

2. Emergency National Heritage Listing

A previous nomination for the emergency listing of the items was declined by the Minister for Environment and Heritage 2 years ago. In announcing that decision, the Minister indicated that the values of the nominated sites fell below the high threshold required for National Heritage Listing.

In regard to the Western Precinct, that was attributed to the previous impacts of clearing and the introduction of exotic species which the Minister indicated had severely affected the area. The Minister also in his determination noted the Commonwealth’s previous assessments related to the Register of the National Estate listings which also found that large areas of the Western Precinct lacked heritage values. The Minister also noted that the final listing on the Register of the National Estate did recognise those parts of the Western Precinct which possessed heritage value worthy of recognition.

It is noted the criteria for inclusion on the National Heritage List are unchanged from December 2004, when the request for Emergency National Heritage Listing was made.

3. Government Decisions

Decisions taken by both Commonwealth and State Government have played a major part in shaping planning, development and environmental outcomes on the former ADI site. These include the decision by the Commonwealth Government to obtain a return from the development of the site, the decisions taken by the State Government on the size of the Regional Park and development precincts, and the requirements of the St Marys Development Agreement entered into by the joint venture, State and Commonwealth Government agencies.

The Sydney Regional Environmental Plan No 30 – St Marys made in January 2001 lists the King Family Farm Site and Trees, the subject of the current nomination, as items of environmental heritage (includes Dunheved Homestead, Elizabeth Farm and plantings). Specific provisions are incorporated in the REP which provide guidelines for ensuring that assessments are made of the significance of these items in relation to future development occurring which may have some impact on the items. These aspects are to be further detailed in precinct plans

The planning and development phase for the St Marys Release Area has moved on substantially in recent years. In June 2003, the former Minister for Western Sydney declared the Eastern and North Dunheved Precincts (Blacktown LGA) and the South Dunheved Precinct as release areas. Blacktown Council subsequently adopted the Eastern Precinct plan in March 2004. The draft Precinct Plan for the North and South Dunheved Precincts was subsequently placed on public exhibition in September and October 2005. Council will be considering the adoption of these plans shortly.

In April 2006 the NSW Government gazetted SREP 30 – St Marys (Amendment No 1). This resulted in the area of the Regional Park within the St Marys Release area being increased to approximately 900ha, and included all of the Register of National Estate listed lands. This decision establishes consistency between the Commonwealth Government’s view of those areas on the site which should be conserved from development and the State Government’s view as the statutory plan maker.

In October 2006 the Minister for Planning declared the Western and Central Precincts as release areas. This decision now paves the way for the detailed planning to be done for the Western and the other precincts on the site as a prelude to development being undertaken.

4. Biodiversity Investigations

The extent of the biodiversity areas on the former ADI site identified as being appropriate for conservation has over the years been examined extensively by both State and Commonwealth Government. Those examinations have in summary been at the following key stages:

· Regional Environmental Study and Section 22 Committee investigations

· Australian Heritage Commission RNE Listing assessments

· Perkins consultant investigations

· Request for Emergency National Heritage Listing assessment

· REP Amendment investigations

· Release Area Declaration considerations

In relation to the Western Precinct, these examinations have not recommended that the intended development area be removed in favour of a much broader biodiversity conservation outcome for this portion of the site.

Conclusion

On our reading of the National Heritage criteria, there appears to be nothing new of significance included in the current nominations for either of the two places which would distinguish the heritage values from those already currently recognised on the Register of the National Estate listing.

Extensive environmental investigative work for the St Marys Release has been completed previously. In this respect, it is noted that the Minister for Environment and Heritage has previously made observations about the site’s suitability for National Heritage Listing when dealing with the previous requests made for the emergency listing of the two sites. That view would not appear to be favourable to the current considerations.

Since that time, significant decisions have been made by the State Government to amend the REP to incorporate the proposed 900 ha Regional Park which incorporates all of the lands listed on the Register of the National Estate. This is consistent with the position Council has argued for over many years.

Given this statutory outcome and the recent announcement by the State Minister for Planning to release the remaining precincts on the site for development, it is now important that certainty be provided by Government to allow for the identified planning outcomes to be achieved for the site.

It would be appropriate for Council to advise the Australian Heritage Council of the history of the planning decisions taken for the St Marys Release and the observations outlined in the commentary in this report.

RECOMMENDATION

That:

1. The information contained in the report on St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List be received.

2. Council advise the Australian Heritage Council in terms of the history of the planning decisions taken for the St Marys Release and the observations outlined in the commentary in the report.

ATTACHMENTS/APPENDICES

1. View	Map of AHC final listing 1999	1 Page	Appendix
2. View	Chronology of biodiversity issues	1 Page	Attachment
3. View	Zoning map SREP 30 Amendment No 1	1 Page	Appendix
4. View	Former ADI site nomination map	1 Page	Appendix
5.	King family Farm Sites and Trees nomination map	1 Page	Appendix
6.	Nominator's Summary Statements of Significance	8 Pages	Attachment

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

Public Exhibition of draft Amendment to Penrith Development Control Plan 2006 (Section 6.3 Claremont Meadows Stage 2)

Compiled by: Natasha Baker, Senior Environmental Planner

Authorised by: Roger Nethercote, Environmental Planning Manager

Strategic Program Term Achievement: New release areas provide for a diversity of housing opportunities, including affordable housing, consistent with emerging community needs and which facilitates the development of diverse neighbourhoods.

Critical Action: Prepare and implement plans for each new release area in collaboration with the development sector and key Government agencies that provide a wide diversity and mix of housing types that meet current and emerging community needs.

Purpose:

To inform Council of the results of the public exhibition of the draft amendment to Claremont Meadows Stage 2 Development Control Plan. The report recommends that Council adopt the draft amendment to Claremont Meadows Stage 2 Development Control Plan, as exhibited, with minor amendments outlined in this report.

Background

In June 2004, Council adopted a draft LEP for Claremont Meadows Stage 2. The draft Plan contemporised the approach to the existing residential zonings which are 20 years old. The draft plan also includes identifying suitable multi-unit housing sites, and incorporating the newly identified biodiversity conservation areas and drainage / open space lands required for acquisition. Council also adopted the Claremont Meadows Development Control Plan (DCP) and Section 94 Contributions Plan Draft Amendment No 1 in 2004.

The draft LEP for Claremont Meadows Stage 2 has been with the Department of Planning for gazettal since July 2004, the outstanding matter being an objection by the RTA to an acquisition clause for the future Werrington Arterial. The RTA has verbally advised Council and the Department of Planning that they will be removing their objection to this matter. A formal written response is yet to be provided by the RTA to allow the plan to proceed to gazettal. This LEP will supersede an existing older residential zone (LEP 96).

Some parts of the Claremont Meadows Stage 2 DCP rely on the gazettal of the LEP before they can come into effect. Specifically, the new LEP once it’s gazetted will change the zoning over certain land and change some provisions such as lot sizes. The new LEP is also the mechanism by which small lot housing opportunities adjacent to neighbourhood parks are permitted.

Council, at its Ordinary meeting of 4 September 2006, considered and endorsed the exhibition of the draft amendment to Penrith Development Control Plan 2006 (Section 6.3 Claremont Meadows Stage 2), to allow for community and stakeholder comments on the proposed development of the south western precinct. That report also outlined the major planning issues to be addressed through development controls. The draft amendment provides additional development controls for appropriate development of the south western precinct.

Public Exhibition

The draft amendment to Claremont Meadows Stage 2 Development Control Plan was exhibited from 21 September 2006, to 20 October 2006. The landowners within and adjoining the Claremont Meadows Stage 2 area, and relevant public authorities, were notified in writing of the public exhibition of the draft amendment. A newspaper advertisement was also included as part of the notification process.

Submissions were received from a landowner within the Claremont Meadows Stage 2 South Western precinct, Darug Tribal Aboriginal Corporation, Integral Energy, the Roads and Traffic Authority (RTA), Department of Natural Resources (DNR) and Department of Environment and Conservation (DEC). The main issues raised by the submissions are outlined below:

Roads and Traffic Authority (RTA)

The RTA raises no objection to the draft DCP amendment. It also supports the requirements for additional noise studies to be undertaken for development within 50m of a major road and requirements for appropriate noise buffers. The RTA has also recommended that the location of the Werrington Arterial Road alignment be included in the DCP, as well as additional provisions that relate to restricting or limiting access to an arterial road. In addition, the RTA is also seeking contributions towards intersection improvements related to the Werrington Arterial and Great Western Highway.

Comment:

Access provisions relating to arterial roads are already in the adopted LEP for Claremont Meadows Stage 2. The location of Werrington Arterial alignment has been included in the draft DCP.

Council has an adopted Section 94 plan for Claremont Meadows Stage 2, which requires contributions for local roads and other infrastructure in the estate. Development is now underway in the Eastern precinct. A local Section 94 plan is not an appropriate mechanism for collecting of funds for regional facilities such as the intersection improvements relating to the Werrington Arterial. We are however, investigating funding options for regional infrastructure through the wider WELL Precinct Planning and Infrastructure Delivery Plan preparation.

Department of Natural Resources (DNR)

The DNR has provided specific comments regarding the protection and enhancement of watercourses and riparian corridors, the provision of a vegetated link between the South Creek and Claremont Creek, the protection of remnant native vegetation and salinity. The DNR has suggested some additional objectives and performance standards that support their responses. The DNR has also requested that the Asset Protection Zones (APZ) be contained outside of the Conservation Zones.

Comment:

The DNR recommendations are considered reasonable and have been incorporated into the draft DCP amendment. Riparian corridors and bushfire hazard requirements are already included in the adopted DCP.

Locating Asset Protection Zones (APZs) entirely outside Conservation Zones is not supported, and is contrary to the adopted DCP, which has already informed planning for, and construction of, substantial housing in the estate. The location of a small portion (10m) of the APZ in the edge of conservation zones recognises the need for bushland edges to be effectively managed where they adjoin roads and housing precincts. This is a common practice and would not in our view compromise the environmental values of the areas concerned.

The location of the “Outer” APZs within the conservation area was negotiated at the time with DEC (the then National Parks and Wildlife Service) and Landcom. Given that housing development has since progressed in accordance with the adopted plan, it is not considered appropriate to now make retrospective changes that would further constrain development of the land.

Department of Environment and Conservation (DEC)

The DEC is satisfied that the draft DCP amendment generally reflects previously agreed conservation outcomes. The DEC has also recommended that conservation areas be fenced, which is consistent with treatment of similar areas within the estate.

Comment:

Fencing requirements have been incorporated into the draft DCP amendment.

Darug Tribal Aboriginal Corporation (DTAC)

DTAC supports the draft DCP amendment and has requested that local native tree species and shrubs be planted, that an Aboriginal Cultural Assessment be carried out by their corporation prior to works being carried out and that the use of dual names (Aboriginal and non-Aboriginal names) is used in the planning of the site.

Comment:

Council’s Landscape Development Control Plan already requires the use of plant species endemic to the local area in landscape plans. However, additional objectives and performance standards have been added to the draft amendment to ensure local native species are used in the further development of Claremont Meadows Stage 2 area.

A Biodiversity Management Plan is required under the current DCP, including a requirement for an interpretation strategy. Signage of some natural areas may include consideration of Aboriginal names.

An Archaeological Assessment was included as part of the masterplan submission. DTAC were engaged in the process of preparing this assessment with the consultants and have advised that they wish to be involved in inspections of the site during site works. The suggestion to have an Aboriginal Cultural Assessment prior to works being carried out can be further considered as a requirement at time of determining Development Application.

Integral Energy

Integral Energy advises that electricity supply will meet demand and will be provided from a new Zone Substation to be established in Claremont Meadows.

Landowners

One (1) submission was received from the landowner Mr K Barratt of Lot 18 DP239091 in Caddens Road within the south western precinct. Mr Barratt raises a number of concerns, which were in essence the matters he raised to Council at its meeting on 4 September 2006. The main concerns raised in summary are:-

· Perceived devaluation of property values due to future zoning

· Claremont Creek is essential to this release

· Council will not allow the house on the property to be rebuilt in its current location

· Gaining proper compensation for land acquisition

· The Asset Protection Zone (APZ) disadvantages and reduces lot potential of the site.

Comment:

Council has previously provided a written response to Mr Barratt in relation to his concerns. Separate advice has been provided to Councillors on the issues raised. The matters that relate to the DCP include the protection of Claremont Creek and the APZ. The importance of Claremont Creek in the planning and subdivision of this locality is reflected in the proposed Flora and Fauna Conservation zone, which contains the creek corridor. Appropriate development controls have been included in the draft DCP to ensure that development does not impact adversely on water quality in the creek or the environmental values of the riparian vegetation.

The land is identified as Bushfire Prone – Vegetation Buffer by the NSW Rural Fire Service (RFS). Any development of the land accordingly is required to contain appropriate bushfire protection measures. A 35m APZ is required by the RFS to be provided to protect future residents from the bushfire hazard that exists on the adjoining bushland (proposed Flora and Fauna Conservation zone). The draft Masterplan for the precinct proposes a 25m APZ over Mr Barratt’s property and a 10m APZ within the edge of the bushland on the adjoining land.

The proposed Masterplan also includes a perimeter road within the release area to act as a buffer to potential bushfire hazard and noise. This road is required to access future residential subdivision in any event. The lot development potential of Mr Barratt’s land, we believe, is not affected by the APZ. However, the requirement for the APZ will require slightly greater front setbacks than normally required under current residential development controls.

The other matters raised, such as land acquisition and opportunities for the rebuilding of the existing dwelling are matters relating to the LEP zoning controls and will be addressed separately in future discussions with the landowner.

Conclusion

The adoption of the amended DCP will permit housing development to proceed in an appropriate manner which encourages good site planning and urban design outcomes.

This Amendment will be included as a chapter of the new citywide Penrith DCP 2006 currently being prepared. Until the Penrith DCP 2006 comes into force, the Claremont Meadows Stage 2 DCP, as amended, will operate as a stand alone DCP.

The public exhibition of the draft DCP amendment for Claremont Meadows Stage 2 has resulted in a number of minor amendments that do not change the general intent and direction of the Development Control Plan.

There is substantial interest in proceeding with housing development in the south western precinct of Claremont Meadows Stage 2, and it is anticipated that development applications will be received shortly within this precinct. The draft amendment provides new guidelines for the south western precinct, ensuring that development within the south western precinct appropriately considers land ownership, surrounding land uses, and provides a high level of residential amenity.

It is recommended that Council resolve to adopt the draft amendment to Penrith DCP 2006 Section 6.3 Claremont Meadows Stage 2 as attached to the report.

RECOMMENDATION

That:

1. The information contained in the report on Public Exhibition of draft Amendment to Penrith Development Control Plan 2006 (Section 6.3 Claremont Meadows Stage 2) be received.

2. Council adopt the draft amendment to Claremont Meadows Stage 2 as attached to this report, pursuant to the provisions of the Environmental Planning and Assessment Act, 1979 and Regulations as amended.

3. The amended Claremont Meadows Stage 2 DCP be included in the Penrith DCP 2006, adopted by Council on 21 August 2006, when it comes into force.

4. All those who made submissions on the draft plan be notified of Council’s decision.

ATTACHMENTS/APPENDICES

Claremont Meadows DCP Stage 2

45 Pages

Attachment

*Ordinary Meeting*	*4 December 2006*
*The City as a Social Place*

The City as a Social Place

Update of activities undertaken by the Development Services Department - First Quarter 2006/2007

Compiled by: Steve Barratt, Development Approvals Co-ordinator

Shari Driver, Development Enquiry Co-ordinator

Peter Wood, Development Assessment Co-ordinator - North

Warwick Stimson, Development Assessment Co-ordinator - South

Authorised by: Paul Lemm, Development Services Manager

Strategic Program Term Achievement: Redevelopment of existing areas contributes to safe, sustainable, affordable and satisfying living environments and cohesive communities.

Critical Action: Work in partnership with the local community to foster understanding of the reasons why established areas are redeveloping.

Purpose:

To provide Council with information relating to the Department's performance and compliance activities. The report recommends that the information be received.

Introduction

This report is for the period July – September 2006 and the report format is as follows:

1. Key Development Services

2. Other Development Services

3. Service Improvement

The highlights of the development service during this quarter included:

· Assessment of a Construction Certificate for a $2.5 million addition to the Civic Centre

· Assessment of a Construction Certificate for a $4.2 million, 3 storey commercial building in Queen Street, St Mary’s, comprising 2 storeys above ground offices including a shop front and a basement car park

· Liaison with local Police regarding the unauthorised use of buildings for dance parties

· Interim Occupation Certificate issued for Child Care Centre in Union Road, providing services located in near vicinity of employment area of Penrith

· Introduction of the preliminary assessment panel for vetting major applications on receipt

· Development approval of an amended and improved design for a 4-storey commercial office building at 331 High Street adjoining the Police Station

· Development approval of an amended and improved design for a 3-storey residential apartment building at the corner of Mulgoa Road and Preston Street, Jamisontown.

A key achievement this quarter was our response to the Department of Planning’s request for all councils to provide statistics on a range of approvals for the 05/06 financial year for performance monitoring. The scale of the task, and lack of notice, is reflected by the following motion from Baulkham Hills at the LGA 2006 Annual Conference:

“That the Department of Planning be requested to defer implementation of the Planning Performance Indicators until the 2007/2008 reporting year to allow Councils the opportunity to develop appropriate data collection and reporting systems.”

Despite this, the Development Services Department was able to deliver the requested information on time and by utilising existing resources only.

1. Key Development Services

The 2005/2006 Management Plan provides Key Performance Indicators (KPIs) for the provision of key development services (eg. development assessment and issuing of construction certificates). The performance achieved in this quarter is reported below. Other development services (eg. fire safety and building audits) are detailed later in this report.

1.1 Comparison of applications received 05/06

Figure 1 details the applications that were received in this quarter compared to the same quarter last year. This graph reveals that there was a 14% (55) reduction in minor development applications and a 19% (62) reduction in construction certificates. There has been a 15% (18) decline in major Development Applications received in the corresponding period, however subdivision applications have increased by 20% (5).

This reduction in development assessment activity has enabled greater focus to be placed on other tasks, such as complaint resolution, reviews of the processes, implementation of new procedures, reduction in backlogs and staff training. Over this period, the Department has experienced staff fluctuations which have reduced the opportunity to take advantage of the downturn in development activity.

Figure 1

1.2 Key Performance Indicators (KPIs)

The following figure illustrates the Department’s service, in relation to measurable KPIs for major Development Applications for the quarter, and provides a comparison with the same quarter last year.

Figure 2

KPI

Figure 2 demonstrates a significant improvement in determination timeframes for all KPI categories, in particular the residential categories. Multi Unit Housing remains the only category which has not achieved the target of 60% of applications determined within 40 days, however it is more than a 100% improvement over both prior financial years, and the same quarter last year, with half of these applications being determined within 40 days.

The following table provides details of KPI’s for Council’s Building Approvals services.

Application Type	No. Received	No. Determined	No. & % within target	Target
DAs for 2 Storey Dwellings

# Meetings at which the Management Plan quarterly reviews are presented.	v Meeting at which the Draft Management Plan is adopted for exhibition
#+ General Manager’s presentation – half year and end of year review	* Meeting at which the Management Plan for 2006/2007 is adopted
@ Strategic Program progress reports (only business)	ü Meeting at which the 2005/2006 Annual Statements are presented
	^ Election of Mayor/Deputy Mayor (only business)

*Ordinary Meeting*	*4 December 2006*
*Appendix 1 - Premier's reply to State Plan Submission*

*Ordinary Meeting*	*4 December 2006*
*Appendix 1 - Map of AHC final listing 1999*

*Ordinary Meeting*	*4 December 2006*
*Appendix 2 - Zoning map SREP 30 Amendment No 1*

*Ordinary Meeting*	*4 December 2006*
*Appendix 3 - Former ADI site nomination map*

*Ordinary Meeting*	*4 December 2006*
*Appendix 4 - King family Farm Sites and Trees nomination map*