22 May 2009

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 25 May 2009 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor John Thain - 25 May 2009.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 4 May 2009.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 4 May 2009.

Policy Review Committee Meeting - 18 May 2009.

 

9.           MASTER PROGRAM REPORTS

 

10.         URGENT REPORTS (to be dealt with in the master program to which the item relates)

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 May 2009

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

master program reports

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 

Director – Special Operations
David Burns

 

Director
Barry Husking

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Jim Aitken OAM
South  Ward

 

Acting Executive Officer
Glenn Schuil

 

Minute Clerk

 

Director
Craig Butler

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                          

                
          

 
   


 

2009 MEETING CALENDAR

February 2009 - December 2009

(adopted by Council 8/09/08 and amended by Council 6/4/09)

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meetings

7.30 pm

2

 

6

4v

 

20

3

7ü

12

9

14

23

23

 

25

29*

 

24

28^

 

30

 

Policy Review Committee

7.30 pm

 

9

 

 

15

13

 

14@

 

 

7

16#+

30@

27

18#

 

 

17#+

 

19

16#

 

Councillor Briefing / Working Party / Presentation

7.30 pm

9

2

 

11

1Y

6

10

 

 

2

 

 

16<

20<

 

 

27

31

21

 

23

 

 

 

 

#    Meetings at which the Management Plan 1/4ly reviews are presented

 

^  Election of Mayor/Deputy Mayor

#+  General Manager’s presentation – half year and end of year review

@  Strategic Program progress reports [only business]

<    Briefing to consider Draft Management Plan for 2009/2010

ü  Meeting at which the 2008/2009 Annual Statements are presented

v  Meeting at which the Draft Management Plan is adopted for exhibition

Y  Management Plan Councillor Briefings/Public Forum (June)

*    Meeting at which the Management Plan for 2009/2010 is adopted.

 

 

 

-                 Council’s Ordinary Meetings are held on a three-week cycle where practicable.

-                 Extraordinary Meetings are held as required.

-                 Policy Review Meetings are held on a three-week cycle where practicable.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 4732 7649.

1                


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 4 MAY 2009 AT 7:32PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Jim Aitken OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 6 April 2009

90  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 6 April 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in an item to be raised in Committee of the Whole Items 4 and 5 – Legal Matter – 8 Donohoes Road, Mulgoa, as the matter indirectly concerns an individual who voluntarily handed out election material for Councillor Kevin Crameri OAM.

 

Procedural Matter

 

91  RESOLVED on the MOTION of Councillor Tanya Davies seconded Ross Fowler OAM that the Mayoral Minutes be considered before suspension of standing orders.

 

 

 

 

 

Mayoral Minutes

 

1        The passing of Louise Petchell

After reading the Mayoral Minute, His Worship the Mayor, Councillor Jim Aitken OAM invited Councillors, as well as Bernard Proctor, to respond to the Mayoral Minute regarding Louise Petchell. 

His Worship the Mayor, Councillor Jim Aitken OAM then asked that the Meeting observe one minute’s silence in memory of Louise Petchell.

 

92  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the Mayoral Minute on The passing of Louise Petchell be received.

 

 

2        Council recognised for sustainable water management                                                   

93  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the Mayoral Minute on Council recognised for sustainable water management be received.

 

 

3        Presentation of Local Government Association Service Certificates                             

94  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Presentation of Local Government Association Service Certificates be received.

His Worship the Mayor, Councillor Jim Aitken OAM, then presented Service Certificates to former Councillors Steve Simat, David Bradbury and Pat Sheehy AM. 

 

SUSPENSION OF STANDING ORDERS

95  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 8:30 pm.

 

Councillors Robert Ardill and Mark Davies left the meeting, the time being 8:35 pm.

 

Mr Geoff Brown

 

Item 2 – Biodiversity Conservation of the former AirServices land, Cranebrook

 

Mr Geoff Brown, representing Western Sydney Conservation Alliance, spoke in opposition to the recommendation and likely development proposals in this area. Mr Brown suggested additional recommendations to this report and stated that he considered Council must rezone the entire site for conservation purposes.  

 

Councillors Greg Davies and John Thain left the meeting, the time being 8:36 pm.

 

RESUMPTION OF STANDING ORDERS

96  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 8:37 pm.

 

Councillors Robert Ardill and Mark Davies returned to the meeting, the time being 8:37 pm.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 25 March 2009                                                                                                       

97  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 25 March, 2009 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 1 April 2009         

98  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 1 April, 2009 be adopted.

 

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on  6 April 2009                                                                                                                                             

99  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 April, 2009 be adopted.

 

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 27 April 2009                                                                                                                                     

100  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 27 April, 2009 be adopted.

 

 

 

 

 

 

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        Draft 2009-2010 Operational Plan - Public Exhibition                                                      

101  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies

That:

1.       The information contained in the report on Draft 2009-2010 Operational Plan - Public Exhibition be received.

2.       Council adopt the Draft 2009-2010 Operational Plan, including any amendments made at tonight’s meeting, for exhibition.

3.       The Draft 2009-2010 Operational Plan be placed on Public Exhibition for 30 days, commencing on Monday 11 May 2009 and closing on Tuesday 9 June 2009.

4.       Submissions from the public on the Draft Operational Plan be invited and the public consultation arrangements as detailed in this report be implemented, including a public meeting and forum to be held on Monday 1 June 2009 in the Civic Centre.

 

 

The City in its Broader Context

 

Councillors Greg Davies and John Thain returned to the meeting, the time being 8:40 pm.

 

 

2        Biodiversity Conservation on the former AirServices land, Cranebrook                       

102  RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Kevin Crameri OAM

That:

1.   The information contained in the report on Biodiversity Conservation on the former AirServices land, Cranebrook be received.

2.   Council confirms that it will pursue a maximum conservation outcome for the site in the form of either an E1 or E2 zoning under Stage 2 of the Penrith LEP.

3.   Council make renewed representations to the NSW Deputy Premier, the Hon Carmel Tebbutt in relation to Council’s previous request for the State Government’s consent for an E1 zoning to be attached to the site.

4.   The representations referred to in recommendation 3 above should note the existence of the Federal Government’s $15 million Western Sydney Conservation Corridor fund and encourage the State Government to enter into discussions with the Federal Government to attempt to access some of these funds to acquire the site.

 

5.   A copy of this recommendation be sent to the landowner; the NSW Deputy Premier, the Hon Carmel Tebbutt; the Federal Minister for the Environment, Heritage & Arts, the Hon Peter Garrett; the relevant State and Federal Shadow Ministers, Federal Member for Lindsay, David Bradbury, and the State Member for Londonderry, Allan Shearan.

 

The City as a Social Place

 

3        Installation of cricket practice wicket net facilities at Cook and Banks Reserve, St Clair     

103  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies

That:

1.     The information contained in the report on the Installation of cricket practice wicket net facilities at Cook and Banks Reserve, St Clair be received.

2.     The additional $10,000 needed to fund these facilities be made available from East Ward voted works.

 

 

4        Variation to 88B Instrument for Lot 807 DP 1068323 (No. 30 - 31) Belleview Avenue, Mt Vernon. Applicant: Agata Curic;  Owner: Agata Curic                                                    

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

That:

1.     The information contained in the report on Variation to 88B Instrument for Lot 807 DP 1068323 (No. 30 - 31) Belleview Avenue, Mt Vernon be received.

2.     The terms of clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 807, DP 1068323, be varied as follows as it applies to Lot 804 only:

(b)       All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan/Site Analysis, Drawing No 01/07 for Project Number 007-08/09. This clause does not preclude the construction of a tennis court outside the nominated building envelope.

 

3.     The Common Seal of Penrith City Council be affixed to the necessary documentation

4.     Development Application No 081285 for the construction of a dwelling, in-ground swimming pool, tennis court and front fence, and the installation of an on site sewerage management system, be approved subject to the proposed conditions of Development Consent as follows:

 

Standard Conditions

4.1       A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

F010 – Septic distance from house

H001 – Stamped plans and erection of site notice

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

H034 – Bushfire roof sarking

I003 – Roads Act approval

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

4.2      The development must be implemented substantially in accordance with the plans drawn by AM for Project Number 007-08/09, dated 21.2.09, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions

 

4.3     All boundary fences are to be low profile, open style and rural in character. The front fence is not to exceed 1.2m in height. The brick dwarf wall is not to exceed 300mm above natural ground level at any point.

 

4.4              Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands

 

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council. The plan attached to the documentation shall indicate that the building envelope is to be located a minimum distance of 5m from the side property boundaries.

 

4.6     Cut and fill operations on the property are only permitted in conjunction with the building works and shall be strictly limited in depth and extent to that detailed on the approved plans and specifications

 

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment

 

          If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference

 

          {Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

 

4.7     All house sewer and plumbing work shall be carried out in accordance with Sydney Water's requirements or the Local Government (Water, Sewerage and Drainage) Regulation 1993

a)       Penrith City Council is both the consent authority and certifying authority for the installation of the On Site Sewage Management System (OSSM), otherwise known as a septic tank system. It is your responsibility to contact Council's Building Approvals and Environment Protection Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection:

·     All internal and external drainage lines and septic tanks before they are backfilled/covered

·     On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system

 

A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority

 

i.        The septic tank, drainage lines and effluent disposal area shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered

ii.       There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves

iii.      There shall be available all year round, adequate water supply that is available to the property

 

4.8     The effluent disposal area shall have a minimum area of 830m2 and shall be prepared in accordance with the “Environmental and Health Protection Guidelines On Site Sewage Management for Single Households” and AS1547:2000

 

Prior to the issue of the Occupation Certificate and the issue of an operational licence for the OSSM system by Penrith City Council, the effluent disposal area shall be:

·    Prepared/ landscaped in accordance with the stamped - approved plans

 

All stormwater and seepage shall be diverted away from the disposal area by using an agricultural drain or earthen bund and dish drain

 

4.9     Prior to the commencement of construction works:

(a)     Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

·    A standard flushing toilet connected to a public sewer, or

·    If that is not practicable, an accredited sewage management facility approved by the council, or

·    Alternatively, any other sewage management facility approved by council

 

4.10   The recommended construction details to reduce aircraft noise intrusion to meet indoor design sound levels, as detailed in the report prepared by Acoustic Logic Consultancy report No 3843 and dated November 2008 are to be undertaken during construction. As the recommended construction details are carried out and on completion of the development, a qualified acoustic consultant shall certify that the development has been constructed to meet the indoor design sound levels in accordance with the approved acoustic report

 

4.11   Roof and surface water shall be disposed of in accordance with the    approved drainage design. Overflow from the existing in-ground rainwater tank is to be disposed of via a level spreader system.

 

4.12   The existing trees to the perimeter of the property, other than those nominated on the site plan to be relocated, shall be retained and duly protected during the construction of the development. Tree protection measures shall be installed before any works can commence on site including the clearing of site vegetation

 

4.13   A landscape plan is to be submitted for the development indicating the provision of additional landscaping to the entrance, driveway and tennis court areas. The plan is to be prepared by a suitable qualified person and is to be submitted for approval prior to the issue of a construction certificate for the development.

 

4.14   An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation of the dwelling. The commitments listed in the BASIX Certificate are to be completed prior to the issue of the Occupation Certificate

 

The Certificate shall not be issued if any conditions of this consent, but not the        conditions relating to the operation of the development, are outstanding. This includes submitting the following documentation to the Principal Certifying Authority:

(a)     Written documentation or Compliance Certificate from Penrith City Council certifying to the satisfactory completion of works approved under the Roads Act 1993

(b)     Written documentation or certification attesting to the      satisfactory installation of, and the Licence to Operate the on site sewage management system issued by Penrith City           Council

(c)     Certification from a qualified acoustic consultant certifying that the development has been constructed in        accordance with the approved acoustic report/to meet the indoor design sound levels in accordance with the approved acoustic report

 

4.15   A copy of the Occupation Certificate and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority.  In the event that a Compliance Certificate was issued by the Principal Certifying Authority certifying compliance that all conditions of the development consent required to be met has in fact been met as well as any documentation stated above, shall be submitted to Penrith City Council if Council is not the Principal Certifying Authority.

 

 

 

 

 

 

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

The City In Its Environment

 

6        Caring for Our Country Federal Grant Applications                                                        

105  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Caring for our Country Federal Grant Application be received.

2.     The Caring for Our Country grant applications outlined in the report be supported by Council. 

 

 

5        BA026282.01 - Section 96(2) Modification to Development Consent No.413/89 - Modify the extension of the northern quarry wall - Lot 230 DP 1134016, Nos.16-23 Clifton Avenue, KEMPS CREEK. Applicant: NSW Investment Pty Ltd;  Owner: NSW Investments Pty Ltd & Tranteret Pty Ltd                                                                                                           

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

That:

1.     The information contained in the report on BA026282.01 - Section 96(2) Modification to Development Consent No.413/89 - Modify the extension of the northern quarry wall - Lot 230 DP 1134016, Nos.16-23 Clifton Avenue, KEMPS CREEK be received.

 

 

2.     BA026282.01 which proposes a Section 96(2) Modification to Development Consent No.413/89 which seeks to modify the extension of the northern quarry wall be approved subject to the following amendments:

                  

                   Delete Condition No.24 and replace with the following which reads: -

 

“24.            Extraction shall not take place within 50 metres of the Main Road Reserve or within 15 metres of the access road or any boundary of the lands except the northern boundary as outlined by Condition 24A(i) and within common boundary of Lot 230 DP 1134016. Stable batters are to be provided to these excavations. The applicant is to establish vegetative screening of the operation around all boundaries and immediately when extraction commences.”

         

                   Add Condition No.24A which reads as follows: -

         

"24A.         A Sub-Rehabilitation Plan shall be submitted to and approved by Council which details the rectification work to be carried out to the northern quarry wall and the adjoining northern property. This plan shall include the following action:

 

(i).     Stabilisation of the northern quarry wall is to be carried out with the relocation of batters to be fully contained within the subject site only. An eight (8) metre setback shall be provided for and maintained from the top of northern quarry wall of Cell No.2 to the northern property boundary and is to be landscaped in keeping with the adjoining northern property known as Lot 1 DP 812284. Should any backfilling be required to make good this setback, existing material sourced from stockpiled materials on the site shall be used only and should additional material be required, Virgin Excavated Natural Material (VENM) shall be used only.

 

A survey plan prepared by a suitably qualified surveyor and a cross     section plan prepared by a geotechnical engineer shall be submitted for consideration which details the stabilisation works of the northern quarry wall and the relocation of batters with the prescribed setback.

 

(ii).    Backfilling of the first seven (7) metres of the batter from the toe of the northern quarry wall to the top of the northern quarry wall shall be restricted for use of existing stockpiled material on Lot 1 DP 812284. Any additional material required for backfilling in this area shall be restricted to Virgin Excavated Natural Material (VENM). Should VENM be required, Council shall be notified immediately with an appropriate verification certificate which shall be submitted to and approved by Council prior to its importation onto the site.

 

        

         A survey plan prepared by a suitably qualified surveyor and a cross section plan prepared by a geotechnical engineer shall be submitted for consideration detailing the proposed backfilling of this batter.

 

(iii).   The disturbed portion of land adjoining the subject site known as Lot 1 DP 812284 shall be rehabilitated with all stockpiled materials being fully removed off that site and the land returned to its original landform. Lot 1 DP 812284 shall be revegetated to its original condition with appropriate native species that are endemic to the area to be used only. A Vegetation Management Plan detailing the types of species used together with a schedule of the quantity shall be provided for consideration.

 

(iv).   Landscaping shall be placed along the setback adjoining the northern quarry wall and the northern property boundary. The type of landscaping to be used shall be of native species that are endemic to the area and denoted in the Vegetation Management Plan as stipulated in point (iii) above.

 

The Sub-Rehabilitation Plan shall be submitted to Penrith City Council within three (3) months from date of this consent.

 

A maximum of three (3) years from the date of this consent is provided to rehabilitate and revegetate both sites in accordance with the above points and the Sub-Rehabilitation Plan and any other applicable condition listed in this consent.”

 

24B            A Construction Certificate for the provision of bulk earthworks for rectification works to the northern and western wall faces of cell 2 are to be approved by the certifying authority. The bulk earthwork drawings are to be prepared in accordance with Penrith City Council’s Engineering Works Development Control Plan and the Guidelines for Engineering Works for Subdivisions and Developments Part 1–Design and AS 3798 - 2007.   The bulk earthwork drawings are to be endorsed by a suitably qualified geotechnical engineer prior to the issue of the Construction Certificate

 

24C            After completion of all the engineering works, Work-as-Executed Drawings and Certificates are to be submitted to the Principal Certifying Authority in accordance with Penrith City Council's Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments - Part 1 Design and Part 2 Construction. A copy of Work-as-Executed Drawings and Certificates are also to be submitted with Penrith City Council, if Council is not the Principal Certifying Authority

 

 

 

 

24D            All filling must be compacted to 98% standard compaction.  The applicant’s Geotechnical Engineer must supervise the placing of fill material and certify that the work has been carried out to level 1 responsibility in accordance with Appendix B of AS 3798-2007.  At completion of the works a Compliance Certificate shall be prepared by the applicant’s Geotechnical Engineer and submitted to the Principal Certifying Authority. If Penrith City Council is not the Principal Certifying Authority a copy of the compliance certificate is to be submitted to Council prior to the issue of the Occupation Certificate. The Compliance Certificate shall accompany the “Works as Executed” drawings.

 

3.     A yearly update be reported to all Councillors on the development of this site.

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

The City Supported by Infrastructure

 

7        Federal Government 2009/2010 "Auslink Black Spot Program" Funding Offer           

107  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Federal Government 2009/2010 "Auslink Black Spot Program" Funding Offer be received.

2.     Council accept the grant funding of $1,545,000 offered for the 5 successful Black Spot projects under the 100% Federally Funded “Nation Building Program” for 2009/2010.

 

 

3.     Council note that the RTA will upgrade the existing traffic signals at the intersection of the Great Western Highway and Parker Street, Penrith for a total cost of $150,000 under the State Program.

 

 

Leadership and Organisation

 

8        Audit Committee                                                                                                                 

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

That:

1.     The information contained in the report on Audit Committee be received.

2.     The Charter of the Audit Committee be amended, as follows -

a) insert a new paragraph at the end of section 1

The independence of the Audit Committee is critical to its ability to operate effectively

b)  insert in section 2 after “other Councillors”

broadly representative of the composition of the Council

c)  Delete the current provision for the election of the Chairperson and insert instead

In order to maintain independence, and to comply with the recommendations of the Department of Local Government, the Committee should elect one of the independent members as its chairperson

d)  Add to the end of the Charter

Support for the Committee

The General Manager shall ensure that reasonable resources are allocated to providing the Audit Committee with the information it needs to discharge its responsibilities.  The Internal Auditor shall report to each meeting on achievements and plans related to matters of interest to the Audit Committee.

The General Manager shall ensure that no restriction is placed on the ability of Council’s Internal Auditor to inform the Audit Committee members of any matter or detail the Internal Auditor considers appropriate.

 

 

9        Pecuniary Interest Returns                                                                                                

109  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the information contained in the report on Pecuniary Interest Returns be received.

 

 

11      Urban Development Institute of Australia National Congress at Brisbane                    

110  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the information contained in the report on Urban Development Institute of Australia National Congress at Brisbane be received.

 

12      Summary of Investments and Banking for the period 1 March 2009 to 31 March 2009

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

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 March 2009 to 31 March 2009 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 March 2009 to 31 March 2009 be noted and accepted.

3.     The graphical investment analysis as at 31 March 2009 be noted.

4.     The Agency Collection Fees be noted.

 

 

10      Commercial Matter - Council Property - Compensation for Electricity Easements at Wallacia Bushfire Brigade, Lot 22 DP 706223, Park Road, Wallacia                                            

112  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the information contained in the report on Commercial Matter - Council Property - Compensation for Electricity Easements at Wallacia Bushfire Brigade, Lot 22 DP 706223, Park Road, Wallacia be received.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Temporary Car Park east of State Office Block, Penrith                                       

Councillor Mark Davies requested a report to Council concerning the need for more long term parking in Penrith CBD and in particular the use of the temporary carpark in Belmore Street, near the State Office Block, only being available for 2 hour parking, instead of long term parking.

 

QWN 2      Security of Sculptures in garden at Lewers Gallery                                               

Councillor Mark Davies requested a report to Council detailing security measures to be taken to prevent theft of sculptures from the garden at Lewers Gallery and in addition the possibility of having a replica made of the stolen water fountain. 

 

QWN 3      Dunheved Precinct, St Marys                                                                                  

Councillor Ross Fowler OAM requested a report to Council on the implications of industrial planning in this area, in particular reporting on the status of the construction of the link road, surplus railway land consolidation and disposal, and implications regarding employment objectives, so that Councillors as well as any prospective investors in this area may be made aware of these issues.

 

Councillor Greg Davies left the meeting, the time being 9:04 pm.

 

QWN 4      Woodlands Drive, Glenmore Park                                                                           

Councillor Prue Guillaume presented a petition from residents of Woodlands Drive, Glenmore Park, concerned about dangerous and excessive speeding in this street, and requesting that this matter be referred to the Local Traffic Committee for investigation of traffic calming measures that may be suitable in this area.

 

 

Committee of the Whole

 

113  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Marko Malkoc that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:08 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM 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 1, 140-142 Henry Street, Penrith     

 

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

 

3        Commercial Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith                                                                                                            

 

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

 

 

4        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.

 

5        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.

 

 

The meeting resumed at 10:19 pm and the General Manager reported that the Committee of the Whole met at 9:08 pm on 4 May 2009, the following being present

 

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies (returned to the meeting at 9:25 pm), Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain

 

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

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Council Property - Lease of Shop 1, 140-142 Henry Street, Penrith     

RECOMMENDED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM

CW2 That:

1.     The information contained in the report on Commercial Matter - Council Property - Lease of Shop 1, 140-142 Henry Street, Penrith be received

2.     Council grant Healthscope Limited trading as “Penrith Skin Cancer Clinic” a new 3 year lease with a further two 3 year options in accordance with terms and conditions outlined in the report.

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

 

 

 

 

 

 

 

3        Commercial Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith                                                                                                            

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown

CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith be received.

2.     The report recommends the information be noted.

 

 

4        Legal Matter - 8 Donohoes Avenue, Mulgoa

Councillor Greg Davies returned to the meeting, the time being 9:25 pm.

 

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill

CW4 That:

1.     The information contained in the report on Legal Matter - 8 Donohoes Avenue, Mulgoa be received.

2.     The preferred option as agreed during the committee of the whole meeting be adopted.

 

5        Legal Matter - 8 Donohoes Avenue, Mulgoa                                                                   

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill

CW5 That the information contained in the report on Legal Matter - 8 Donohoes Avenue, Mulgoa be received.

 

 

ADOPTION OF Committee of the Whole

 

114  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Tanya Davies that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:20 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Local Government and Shires Associations Cultural Awards 2009 

 

 



Ordinary Meeting

25 May 2009

The City as a Social Place

 

Mayoral Minute

Local Government and Shires Associations Cultural Awards 2009 

Strategic Program Term Achievement: The City is widely recognised as a centre of cultural diversity, excellence and access.

         

 

On Friday 1 May 2009, the annual Local Government Cultural Awards were hosted by the Local Government and Shires Associations of NSW at Parliament House, Sydney. These prestigious awards recognise innovation and excellence in cultural development by NSW councils.

 

I am proud to advise that Penrith City Council was recognised at these awards for Creative Community Engagement in Kingswood Park, winning the Integrated Cultural Policy Implementation section in the Division C (Population over 60,000) category.

 

The judging panel was impressed by our Neighbourhood Renewal Program and provided the following summary:

 

Demonstrating innovation in creative community engagement and leadership in an integrated approach to Cultural Policy Implementation, Penrith City Council has collaborated with local residents, artists and local service providers in the renewal of Kingswood Park, an established neighbourhood identified as experiencing relative social disadvantage.

 

This creative engagement work has resulted in a number of positive outcomes in the Kingswood Park community including the active participation of local residents in place-making projects such as the “Dreaming Up Our Park” initiative.  As part of this project, artist David Capra and the Neighbourhood Renewal Team facilitated a fun and innovative opportunity for local residents to provide direct input into the design and planning processes of a playground in their neighbourhood. The park is currently under construction and eagerly awaited by local children.

 

On behalf of Council I would like to congratulate Jeni Pollard, Cali Vandyk-Dunlevy and Heather Chaffey from the Community and Cultural Development Department for achieving this outstanding result and for their inspirational and creative work in Kingswood Park and other Neighbourhood Renewal communities across Penrith.

 

 

Jim Aitken OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Local Government and Shires Associations Cultural Awards 2009  be received.

 

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 May 2009

 

2        Report and Recommendations of the Policy Review Committee Meeting, held on 18 May 2009

 

 



Ordinary Meeting

25 May 2009

The City Supported by Infrastructure

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 4 May, 2009

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy – Representative for the Member for Londonderry, Sergeant Natasha Crawford - Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer

 

IN ATTENDANCE

Noel Fuller – Co-ordinator Ranger Services

 

APOLOGIES

Councillor  Jackie Greenow, Ron Watson – Westbus, Ibrahim El-Jamal – Trainee Engineer

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 April 2009

The minutes of the Local Traffic Committee Meeting of 6 April 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

1        O'Connell Street, Claremont Meadows - Review of Current Vehicle Speeds                

RECOMMENDED

That:

1.     The information contained in the report on O'Connell Street, Claremont Meadows - Review of Current Vehicle Speeds be received.

2.     The existing traffic facilities in the vicinity of the chicane device in O’Connell Street, Claremont Meadows remain unchanged.

3.     David Bradbury MP Member for Lindsay and the resident be advised of Council’s resolution.

 

 

 

 

 

2        Calverts Road, Orchard Hills - Request for Provision of Double-Barrier Linemarking

RECOMMENDED

That:

1.     The information contained in the report on Calverts Road, Orchard Hills - Request for Provision of Double-Barrier Linemarking be received.

2.     BB Lines be installed from 98-102 Calverts Road to the intersection of Muscat Place, and an additional 32m of BB Lines on the northern side of the intersection of Muscat Place connecting it to the existing BB Lines south of the Lansdowne Road intersection.  These works shall be constructed in the 2009/2010 financial year following pavement rehabilitation works currently proposed by Council’s City Works Department.

3.     Council’s Design Section be requested to investigate the suitability and prepare a detailed design for the installation of guardrail on the eastern side of the Homestead Road and Calverts Road intersection.

4.     This project be considered from future City Works budgets.

 

 

3        St Marys Spring Festival Fun Run/Walk - Sunday, 27 September 2009                        

RECOMMENDED

That:

1.     The information contained in the report on St Marys Spring Festival Fun Run/Walk - Sunday, 27 September 2009 be received.

2.     The route of the event, as proposed, be approved.

3.     The organisers submit a Traffic Management Plan (TMP) to Council and Police for approval a minimum of six weeks prior to the event being held.

4.     The organisers be requested to advertise the proposed Fun Run/Walk in the local papers at least one week prior to the event.

5.     All participants be requested to utilise the footpath areas along the route and not encroach onto the road carriageways.

6.     The organisers contact Westbus regarding the weekend bus services.

7.     The organisers obtain separate Police approval.

8.     The organisers follow Police directions.

9.     The organisers provide marshals where required.

10.   The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

11.   The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

 

 

12.   The organisers provide documentary evidence that the event fully complies with the NSW Occupational Health and Safety Act 2000 and the NSW Occupational Health and Safety Regulations 2001.

13.   All documentation conditioned be submitted to Council for information purposes at least one week prior to the event.

14.   The event organisers be advised of Council’s resolution.

 

 

4        The Nuns' Run, Penrith - Thursday 4 June 2009                                                              

RECOMMENDED

That:

1.     The information contained in the report on The Nuns' Run, Penrith - Thursday 4 June 2009 be received.

2.     The applicant to fulfil the requirements of the Roads and Traffic Authority’s Guidelines for Special Events, Class 4, and all participants be requested to utilise the footpath and grass areas along the route and not encroach onto the road carriageways, unless crossing the roadway at a signalised intersection.

3.     The organisers obtain separate Police approval.

4.     The event organisers be advised of Council’s resolution.

5.     Council note the information.

 

 

5        St Marys Spring Festival - Saturday 5 September 2009                                                  

RECOMMENDED

That:

1.     The information contained in the report on St Marys Spring Festival - Saturday 5 September 2009 be received.

2.     A Transport Management Plan (TMP) be lodged by the organisers/applicant, for approval by the Roads and Traffic Authority, a minimum of eight weeks prior to the event.

3.     The organiser/applicant deliver letters to all property owners/tenants in the affected streets and advertise the proposed Festival in local newspapers at least two weeks prior to the event.

4.     The organiser/applicant co-ordinate with Westbus (Ron Watson on telephone 9890-0000) at least two weeks prior to the event, and request that Westbus advertise the changed route for the Festival on buses, at least one week prior to, and during, the Festival.

 

 

5.     The organiser/applicant co-ordinate with Council’s Traffic & Special Events Co-ordinator (Gary Lawson on telephone 4732-7562) regarding appropriate signage and barricades required for the event, and to advise points of delivery for these facilities.

6.     The organisers be requested to co-ordinate advisory signs, as required, with Council’s City Works Manager:

·    for westbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday, 5 September 2009 (7.00am–5.00pm)”.

·    for eastbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday, 5 September 2009 (7.00am–5.00pm)”.

                                 The signs are to be placed on the Great Western Highway (on the           concrete median and prior to Glossop Street for westbound traffic, and          on the northern kerbside for eastbound traffic), approximately 50m from                          both approaches to Queen Street, at least two weeks before the Festival.

                                 An additional sign is to be placed on Mamre Road for northbound          traffic, approximately 50m on the approach to the Great Western         Highway indicating “Queen Street from Nariel Street to King Street will                                  be temporarily closed to vehicular traffic on Saturday, 5 September 2009         (7.00am–5.00pm)”.

7.     The organisers obtain separate Police approval.

8.     The organisers follow Police directions.

9.     The organisers place barricades and provide marshals where required by the approved TMP.

10.   The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

11.   The organisers submit to Council a copy of Public Liability Insurance of $10 million, prior to the event.

12.   The organisers provide documentary evidence that the event fully complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

13.   All documentation conditioned be submitted to Council for information purposes at least one week prior to the event.

14.   If the current Carson Lane road closure is still in effect on the date of the Parade, approval is given for the Parade to turn left into King Street.

15.   The applicant be advised of Council’s resolution.

 

 

 

 

 

 

 

 

6        Kenneth Slessor Drive, Glenmore Park - Request for Provision of Pedestrian Fencing at Regentville Public School                                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Kenneth Slessor Drive, Glenmore Park - Request for Provision of Pedestrian Fencing at Regentville Public School be received.

2.     The provision of pedestrian fencing fronting the school’s indented parking bay at Regentville Public School not be supported.

3.     Consultation be conducted with affected residents regarding the installation of a timed ‘No Stopping’ zone on the southern departure of the Children’s Crossing on Kenneth Slessor Drive.

4.     Subject to no substantial objections from affected residents, approximately 69.5m of timed ‘No Stopping’ zone be installed on the southern departure of the Children’s Crossing on Kenneth Slessor Drive adjacent to the existing 9m of ‘No Stopping’ zone.

5.     Regentville Public School’s Principal Tony Dillon be advised of Council’s resolution.

 

 

7        St Marys Community Fun Run/Walk - Sunday 25 October 2009                                    

RECOMMENDED

That:

1.     The information contained in the report on St Marys Community Fun Run/Walk - Sunday 25 October 2009 be received.

2.     The route of the event, as proposed, be approved.

3.     The organisers submit a Traffic Management Plan (TMP) to Council and Police for approval a minimum of six weeks prior to the event.

4.     The organisers be requested to advertise the proposed Fun Run/Walk in the local papers at least one week prior to the event.

5.     All participants be requested to utilise the footpath areas along the route and not encroach onto road carriageways.

6.     The organisers contact Westbus regarding the weekend bus services.

7.     The organisers obtain separate Police approval.

8.     The organisers follow Police directions.

9.     The organisers provide marshals where required.

10.   The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

11.   The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

 

12.   All documentation required by these conditions be submitted to Council for information purposes at least one week prior to the event.

13.   The event organisers be advised of Council’s resolution.

 

 

8        William Howell Drive, Glenmore Park - Request for a Timed 'No Parking' Zone between Bulu Drive & Bethany Primary School                                                                             

RECOMMENDED

That:

1.     The information contained in the report on William Howell Drive, Glenmore Park - Request for a Timed 'No Parking' Zone between Bulu Drive & Bethany Primary School be received.

2.     'No Stopping' signage be extended along William Howell Drive from the roundabout on the southern side of Bethany Primary School to the intersection with Gunara Terrace, Glenmore Park.

3.     Councillor Guillaume be advised of Council's resolution.

 

 

 

GENERAL BUSINESS

 

 GB 1         Bija Drive, Glenmore Park – Proposed Installation of BB Linemarking  (Raised Council)   

Council has received representations from a resident at in Bija Drive, requesting road safety measures outside their property due to a recent accident which involved a vehicle crashing into their home.  Although the subject property is not located exactly at the bend, the resident claims that vehicles lose control at speed and attempt to correct their vehicle to the right side of the road.

 

Presently separation lines exist in Bija Drive, however no signage or physical islands exist on the roadway and it is claimed that vehicles are travelling on the wrong side of the roadway and losing control around the bend.

 

An analysis of the most recent five years’ crash data available to Council (2003 to 2007 inclusive) revealed no accidents at this location.  The Average Annual Daily Traffic (AADT) on approach to the bend is 1.102 and the 85th percentile speed of vehicles is 53km/h.

 

In order to improve safety and minimise accident potential at this bend, it is proposed to provide double-barrier linemarking on both approaches to the bend, for a total distance of 75m between driveways of house numbers 25 and 37 Bija Drive.  Curve warning signs on both approaches to the bend are also proposed.

 

Parking in front of properties in Bija Drive will be affected (due to the 8m carriageway width), with the proposed double-barrier linemarking effectively removing all parking on both sides of the roadway.

 

RECOMMENDED

That:

1.    The information contained in the report on 39 Bija Drive, Glenmore Park – Installation of BB linemarking be received.

2.    Consultation be conducted with affected residents regarding the loss of parking in front of their residences due to the proposed installation of BB Lines, with any substantial objections to be referred back to the Committee.

3.    Subject to no substantial objections, double-barrier linemarking be installed for a total distance of 75m between driveways of house numbers 25 and 37 Bija Drive, Glenmore Park.

4.    Curve warning signs (W1-3A) be installed on both approaches to the subject bend in Bija Drive, Glenmore Park.

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

 

GB 2          Wolseley Street, Penrith – Proposed Provision of Left/Right Turn Lane  (Raised Council)   

Council’s Senior Traffic Engineer advised that the Roads and Traffic Authority proposes to reconfigure the turning lanes in Wolseley Street, Penrith, so that the centre (existing second left-turn lane) is modified to become a left/right turn lane onto Mulgoa Road.

RECOMMENDED

That the Committee note the information.

 

GB 3          Riley Street, Penrith – Re-commencement of Bus Services  (Raised Westbus)    

Council’s Senior Traffic Engineer raised an issue on behalf of the Westbus representative, advising that Westbus proposes to re-commence bus services in Riley Street, Penrith, with the introduction of the new Region 1 Bus Network.

Westbus originally removed services from Riley Street due to safety concerns raised by bus drivers regarding the existing pedestrian signals joining the Westfield buildings.

Council’s Senior Traffic Engineer advised that Westfield has provided in principle approval to fund improvements to the pedestrian signals.  Council is currently liaising with Westfield management regarding this matter.

It is expected that the improvements will satisfy Westbus with regard to resuming services in Riley Street.

RECOMMENDED

That Council liaise with Westfield management and complete the agreed improvements as soon as possible.

 

 

 

 

 

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 May, 2009 be adopted.

 

 

 


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 18 May, 2009

 

 

 

PRESENT

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously requested by Councillor Robert Ardill for the period 18 May 2009 to 19 May 2009 inclusive.

Leave of Absence was previously requested by Councillor Ross Fowler OAM for the period 18 May 2009 to 19 May 2009 inclusive.

Leave of Absence was granted to Councillor Robert Ardill and Councillor Ross Fowler OAM for the period 18 May 2009 to 19 May 2009.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 27 April 2009

The minutes of the Policy Review Committee Meeting of 27 April 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of Interest.

 

MASTER PROGRAM REPORTS

 

The City In Its Environment

 

1        Western Sydney Regional Illegal Dumping (RID) Squad

Councillor Kevin Crameri OAM arrived, the time being 7:33pm

Councillor Mark Davies left the meeting, the time being 7:36pm.

Councillor Mark Davies returned to the meeting, the time being 7:38pm.

Council’s Waste and Community Protection Manager and Senior Investigation Officer (RID Squad) gave a presentation on the activities of the RID Squad.

                                                                                                                                                      

 

RECOMMENDED

That:

1.     The information contained in the report and the presentation on the Western Sydney Regional Illegal Dumping (RID) Squad be received.

2.     The General Manager be authorised to sign the Western Sydney Regional Illegal Dumping (RID) Squad Strategic Alliance Agreement.

3.     A further report be brought back to Council regarding Council making representations for the review of fine amounts for littering offences, particularly if the offence included undertaking removing litter on behalf of another person.

 

The City Supported by Infrastructure

 

2        Future Footpath Delivery Program

Councillor Prue Guillaume left the meeting at 8:01pm, and did not return.

Council’s City Works Manager and Group Manager – Infrastructure gave a presentation about the future footpath delivery program.                                                                                                              

RECOMMENDED

That:

          1.       The information contained in the report on draft Future Footpath        Delivery Program be received.

          2.       That the funding of the 2009-10 path paving program be considered in        conjunction with Shared Path Project proposed as part of the grant   application to the Federal Government’s Job Fund Program.

          3.       That a further report be provided to Council to address funding strategies    for the identified footpath backlog over the next 3 years.

          4.       A memo reply be provided to all Councillors providing a break down of      costs for each individual footpath site listed.

 

Leadership and Organisation

 

3        Council's Response to the Federal Government's Jobs Fund Program

Councillor Mark Davies left the meeting, the time being 8:48pm.

Councillor Mark Davies returned to the meeting, the time being 8:50pm.

RECOMMENDED

That:

1.     The information contained in the report on Council's Response to the Federal Government's Jobs Fund Program be received

2.     The schedule of projects nominated for applications to the Jobs Fund for Federal grant funding be endorsed.

3.     Council commit to funding of $800,000 be allocated to the Shared Bikes and Pedestrian Pathways project should the project application be successful, also that the routes of the proposed Shared Bikes and Pedestrian Pathways be subject to further consideration by Council

4.     A further urgent report be presented to Council identifying options available for alternative funding for the project.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Leave of Absence                                                                                                     

Councillor John Thain requested that he be granted leave of absence for the meeting of 25 May 2009.

RECOMMENDED that the matter be brought forward as a matter of urgency.

 

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

 

RECOMMENDED that Councillor John Thain be granted leave of absence for the meeting of 25 May 2009.

 

 

 

QWN 2      Leave of Absence                                                                                                     

Councillor Kevin Crameri OAM requested that he be granted leave of absence for the period 1 June 2009 to 7 June 2009 inclusive.

RECOMMENDED that the matter be brought forward as a matter of urgency.

 

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

 

RECOMMENDED that Councillor Kevin Crameri OAM be granted leave of absence for the period 1 June 2009 to 7 June 2009 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 9:00pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 18 May, 2009 be adopted.

 

 

  


MASTER PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Leadership and Organisation

 

1        2008-2009 Management Plan Review as at 31 March 2009

 

The City in its Broader Context

 

2        Finalise Master Plan and Implementation Strategy for the Penrith Civic Arts Space between the JSPAC, Civic Centre and Westfield

 

The City as a Social Place

 

3        NSW Attorney General's Department Crime Prevention funding 

 

4        Grant Funding Allocation - Department of Ageing, Disability and Home Care

 

5        Healthy Eating at Active Penrith Events 

 

6        Penrith Schools' Boatshed Management Committee

 

7        Aquatic and Recreation Institute Conference, and the Parks and Leisure Association Annual National Conference

 

8        St Marys Tennis Centre

 

9        Sportsground Management Strategy

 

10      Tender No 06-08/09 Provision of Security Services

 

11      Development Application DA08/1275 Torrens Title Subdivision of two lots into five lots at Lot 100 DP591759 and Lot 98 DP 238269 (No 27 & 45) Greenhaven Drive Emu Plains . Applicant: Kevin Smith, Werrington Unit Trust;  Owner: Tresaire Pty Ltd DA08/1275

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

 

 

12      Development Application DA08/1333 for Demolition of a Service Station and Erection of a Nine (9) Storey Mixed Use Development on Part Lots 21 & 22, Sec 30, DP 1855 and Part Lot 46B DP 411863 (No. 182-190) Great Western Highway, Kingswood. Applicant: Cityscape Planning & Projects;  Owner: Mr W. S. Quirk DA08/1333

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

 

 

URGENT

 

23      Appointment of Council Representatives to Joint Regional Planning Panel

   

The City Supported by Infrastructure

 

13      Tender Number 12-08/09 Provision of Tip Truck Hire

 

14      Tender No 10-08/09 Provision of Locksmith Services

 

Leadership and Organisation

 

15      Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Freda Whitlam, AM

 

16      Annual Insurance Renewals - Liability & Industrial Special Risk

 

17      Councillor Representation on an External Organisation

 

18      Samuel Marsden Road Riding Facility Committee - Appointment of Committee Members

 

19      2008-09 Borrowing Program

 

20      Annual GST Compliance Certificate

 

21      2009 Local Government Remuneration Tribunal Determination

 

22      Summary of Investments & Banking for the period 1 April 2009 to 30 April 2009 

 

URGENT

 

24      Result of the Request for Quotation for Council's Advertising Services

 

 


Leadership and Organisation

 

Item                                                                                                                                       Page

 

1        2008-2009 Management Plan Review as at 31 March 2009

 

 



Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

1

2008-2009 Management Plan Review as at 31 March 2009   

 

Compiled by:                Ken Lim, Management Planning Co-ordinator

David McIllhatton, Business Systems Co-ordinator

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

Strategic Program Term Achievement: Council's operating culture is flexible, efficient, integrated and aligned to Council's strategic objectives and program delivery.

Critical Action: Prepare, implement and review management plans and processes aligned to and consistent with Council’s Strategic Plan and Program.

     

Purpose:

To present the March Quarter progress report on Council's 2008-2009 Management Plan.  The report recommends that the review be adopted including revised estimates and expenditures as detailed in the report; and that the proposed budget realloactions and amendments to tasks detailed in the Report be adopted.

Due to the size of the document, copies are supplied to Council under separate cover.

 

Background

In accordance with the Local Government Act 1993, the Management Plan Progress Report for the period ending 31 March 2009 is presented tonight for Council’s consideration.

 

This is the third quarterly review of Council’s 2008-09 Management Plan, which is the final year of Council’s Strategic Plan for the City of Penrith 2005-2009, Penrith City: the Competitive Edge.

 

Managers have provided details of progress in accordance with their assigned accountabilities. This includes delivery of the ongoing requirements of services, progress of annual tasks and projects and performance against budget. Commentary has also been provided on key achievements for the year to date, as well as issues arising that have impacted on the delivery of the annual program.

 

The General Manager’s report in the document includes comments on key results and issues arising over the first half of the year and indicates the focus of organisational efforts for the remainder of 2008-09.

 

The Acting Financial Services Manager’s report is also contained within the review document, and includes information on budget performance, significant issues and proposed variances.

Format of the Quarterly Review

The reporting approach which was introduced in the September Quarter Review aims to provide greater clarity and accountability to Council and the public on the annual delivery of Council’s program through its approved services and their required goals. This reflects both the service specifications in a highly practical way and how the strategy for the City which Council has set is being delivered by the organisation.

 

The quarterly Management Plan report to Council and the community is now clearly based on performance of the specified services through which Council’s operations are conducted, together with the usual financial statements and other required information.

 

The Quarterly Review provides a comprehensive progress report on the performance of all Council’s external and internal services (with the exception of the three controlled entities which have separate reporting requirements).

 

Reporting is based on the delivery of the annual program of activities, tasks and projects which was adopted by Council for each service through the Management Plan. The report contains:

·        An ‘executive summary’ of the quarter’s progress with commentary provided by the General Manager and Group Manager - Finance together with key results and identification of any service areas requiring greater focus

·        A report on the overall performance, key performance indicators and tasks deliverable for each service, together with a formal budget statement for that service

·        Capital and operating projects progress (similar to previous reports but now arranged to align with the services)

·        Detailed financial statements and summaries.

 

The services performance report, which provides much of the basis of the review, details the progress of the ongoing and annual deliverables of that service, with the exception of the capital and operating projects which are fully reported elsewhere in the document.

 

It is important to note that the simple expenditure budget snapshot provided under services is supplemented for each service by a fully detailed budget which includes any proposed variations.

Performance Assessment

The review documents incorporate detailed reporting on the year to date performance of each of the services from several principal aspects. These form the basis of the Overall Performance assessment of that service for the year to date. To that is added a Budget Performance snapshot as explained above.

 

The normal expected overall service performance for the time in the year is 75%. However, note that some services are more dependent on the completion of particular projects or works programs, which will strongly influence the result. The model for service reporting is detailed in the review document.

 

The reportable elements of the Service from which its performance is assessed include:

·        Strategic Tasks which link Services to Council’s four year Strategic Program

·        Service Improvements identified through means including ongoing Services Review

·        Key Performance Indicators (KPIs) for ongoing requirements of the Service

·        Capital and Operating Projects funded in the annual program

          (NB not all Services contain all of these elements)

 

In addition to the particular KPIs and annual targets which Council adopted in the Management Plan, additional measures have been added to ensure that all the important ongoing activities of service specifications are incorporated. These more generic KPIs for the service have a set target of 100% of ongoing requirements. This approach was initiated in the September review and has been further developed and refined with Managers.

 

All reporting is in terms of year to date progress to fulfil the annual requirements of Council’s program.  Where actions have a life of more than one year, the report is on the performance for 2008-09. Those tasks and projects scheduled to commence after the second quarter are listed in the report but are not included in the performance ratings.

Management Plan Performance

Council has, for a number of years, used a traffic light rating scale for reporting on the performance of Management Plan deliverables. This is supplemented in the new report format by an appropriate rating scale for the expenditure budget performance of services. The budget scale is adapted from that used in the monthly Financial Health monitoring by the organisation. The rating scales are explained in table 1 below.

 

The progress of Council’s program is expressed through the use of percentages and ‘traffic light’ indicators. These are based on the responsible Manager’s statement of the delivery of the annual requirements for that item.

 

Table 1. Guidelines for ‘Traffic Light’ Status Indicators

 

*

[Green]

General Performance:  Progress for the Year To Date is on target for annual requirements/completion of the relevant action. Normally indicates completion of 90%+ of the scheduled requirements.

Budget Performance:   Expenditure for the Year To Date is under budget by <=15% or over budget by <=5%.

*

[Amber]

General Performance:  Progress is marginal and extra attention is needed. Normally indicates completion of 75%-89% of the scheduled requirements Year To Date.

Budget Performance:   Expenditure for the Year To Date is under budget by >15% or over budget by 6-15%.

[Red]

General Performance:  Progress is not on target and requirement may not be delivered. This should be addressed by the Manager’s commentary. Performance is normally rated as less than 75% of the scheduled requirements Year To Date.

Budget Performance:   Expenditure for the Year To Date is over budget by >=16%.

Text Box: C

Completed (usually applies to Capital & Operating Projects with defined target dates).

 


Overall Performance Summary

 

From the statements provided by the responsible Managers against the deliverables as explained above, the results for the quarter are as identified in the Table 2.

 

It is pleasing to note that in the 9-months from 1 July to 31 March 2009, all Council’s services received a “GREEN” traffic light for overall performance showing that, in general, performance targets were met and programs delivered as required.

 

Table 2. Overall Performance Summary for the Organisation ~ March Quarter

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

*

AMBER

*

RED

Totals

SERVICES OVERALL

 

58

-

-

58

Strategic Tasks (ST)

7

109

4

1

121

Service Improvements (SI)

26

222

12

2

262

Key Performance Indicators (KPIs)

N/A

185

6

2

193

Capital Projects

45

101

8

2

156

Operating Projects

14

78

8

-

100

Special Initiatives

The 10-year special initiative, Asset Renewal and Established Areas (AREAS) Strategy, commenced on 1 July 2006. The AREAS funding from additional rate revenue approved by the Minister for Local Government, is for additional infrastructure renewal and public domain maintenance (which includes roads, buildings, graffiti removal and cleaning) as well as greater attention to the needs of our older neighbourhoods.

 

Council also continues to advance three 10-year special initiatives which commenced in 2002-2003, for which additional rate revenue was also approved by the Minister. These are:

·        Enhanced Environmental Program (EEP)

·        Community Safety and Neighbourhood Renewal Program

·        Economic Development and Tourism - support for Penrith Valley Economic Development Corporation (PVEDC)

 

Specific reporting on the progress of each of these initiatives will be presented to Council, the community and the Department of Local Government through the end-of-year Management Plan review and the Annual Report. In addition, more detailed reports on key aspects of the programs are provided to Council by the relevant Managers at appropriate intervals during each year.

 

A section of the June review booklet will detail the annual progress of these programs and outcomes achieved. Relevant elements of the progress of these programs is also reported within the normal services and projects formats.


Financial Position

The cumulative result for the year is essentially a balanced budget. There is a small surplus of $19,054 after allowing for a number of recommended variations and revotes. These together with minor variations and reallocations, are discussed in detail in the Acting Financial Services Manager’s report in the summary review document. Commentary is provided below on the more significant issues in the review.

 

Original Surplus

$190,523

 

 

 

1st Quarter Council approved variations

($143,246)

 

 

 

2nd Quarter Council approved variations

($18,207)

 

 

March Review variations

($10,016)

 

 

 

Revised Surplus

$19,054

 

The more significant variations (F - Favourable, U - Unfavourable) for the quarter include:

                                                                                                               $’000

Salary Saving

441.1

F

Workers Compensation Premium

200.0

F

2008 Election

82.0

F

Interest on Investments

(300.0)

U

Ripples Subsidy

(190.0)

U

Development Related Income

(178.7)

U

Essential Fire Safety

   (120.0)

U

Civic Events

(80.0)

U

Other minor variations 

135.7

U

 

Salary Savings $441,052 (0.67%)

During the September review some salary savings were identified however a change in the award increase from the budgeted 3.2% to 4% and some additional staffing requirements meant additional costs of $293,863 were incurred. The December review identified salary savings of $117,276 which were taken to the bottom line. Additional savings of $441,052 have been identified in the current quarter and it is recommended that these be transferred to the bottom line. These savings have eventuated due to vacancies across a number of departments. Part of these salary savings are recommended to be retained by the individual departments to enable the engagement of consultants or temporary staff to ensure delivery of some key Management Plan tasks and projects.  Net salary savings for the year are $264,465.

 


Workers Compensation Premium $200,000 F (10%)

Council has received a rebate of $200,000 from its 2007-08 workers compensation premium in recognition of its improving injury claims management.

 

2008 Election Budget $82,000 Net F (10%)

Final September 2008 Election costs of $712,200 have been advised by the Electoral Commission and it is proposed that $60,000 of these savings be returned to the Election Reserve in the March Review. This will reduce the amount required to be transferred to the Election Reserve in 2009-10 as identified through the 2009-10 budget process. The net savings of $82,000 is proposed to be returned to general revenue in 2008-09.

 

Interest on Investments $300,000 U (19%)

Council’s investment portfolio has been closely monitored over the past nine months and although interest income had been in line with the phased budget up until December the continued aggressive reductions in the cash rate by the Reserve Bank of Australia is having an impact on the portfolio return. Council’s investments placed prior to the downward rate cycle are now maturing and being renewed at significantly reduced rates. This combined with the impact of the final write offs of Council’s two CDO’s, that were significantly written down in 2007-08, has seen the need to reduce full year interest income by $300k.

 

Ripples Subsidy $190,000 U (40%)

The Ripples Board of Directors has requested an additional subsidy from Council of $190,000. The current subsidy is $470,000 this includes a base subsidy of $310,000 and an additional $160,000 adopted during the 2008-09 budget process.

 

Major factors contributing to this shortfall are:

·        Gym and Fitness income projection shortfall of $87,800

·        Gym and Fitness expenditure exceeding budget by $43,000

·        Administration expenditure over by $53,000

·        Salaries and wages over by $25,300

 

Offset in part by:

·        Savings in Insurances and improved performance of the aquatics department, in particular the learn-to-swim area.

 

Development Related Income $178,700

The impact of the economic climate is having a marked influence on the construction industry. DA Infrastructure fee income remains low due to decreased development activity. Of this adjustment $80,000 (52%) relates to the expected shortfall for the rest of the financial year.

 

There has been a fall in the number of Construction Certificates issued by Council however there has been a more significant change in the rate that these developments are occurring. The Compliance Certificate is verification that mandatory inspections have been carried out throughout the construction process. The fall in income indicates that building approvals are not being progressed to the built stage. This trend is likely to continue into the future which has resulted in a need to review and adjust the budget forecast by $50,000 (19%).

 

Income from construction and compliance certificates has also been reduced by $28,700 (25%) to reflect the general slow down of activity in the housing and subdivision sector and competition from the private sector. Currently there is no major subdivision or development activity occurring in the City with the main release area being Erskine Business Park, most of which is being handled by private certifiers.

 

Road opening fee income has been down for the December and March quarters due to a decline in development activity. The decrease in budget has been mostly offset by increased road closures eg. Links Road Dunheved, Andrews Road Cranebrook, Belmore and Station Streets Penrith. The net decrease is $20,000 (33%).

 

Fire Safety Compliance $120,000 U (new project)

A recent audit of all Council’s buildings was conducted to determine the level of compliance of Essential Fire Safety measures under the requirements of the Building Code of Australia (BCA). There are been a variety of changes to the BCA since buildings were approved and the most significant is the smoke hazard management requirements. The audit provided a prioritised list of works based on risks to the occupants. Exits, emergency lighting and exit signs are included in this list of works. Funding of $120,000 is required to address the high priority compliance issues. The balance of the identified works are scheduled in the building maintenance program for 2009-10 and 2010-11.

 

Civic Events $80,000 U (75%)

The civic events program has expanded over time. An analysis of the current list of functions for which Council has made a commitment requires an additional $80,000 in the current year.

 

Revotes

There are a number of adjustments totalling $13.3m to planned capital works and operating projects proposed for adoption this quarter and a listing can be found in the review document. The more significant are discussed below. The total value of revotes for the year to date is $16.5m compared to $14.8m for the same period last year.

 

Regional and Local Community Infrastructure Program - $735,500

A number of facility projects under the Federal Government Local Community Infrastructure Program are proposed to be revoted. These include Ridge Park Hall, Namatjira Hall, Arthur Neave Hall and Emu Plains Community Centre. Quotes and design work for a number of components within these facilities are being finalised with the majority of the work scheduled for the first quarter of 2009-10 which will help minimise disruptions to these services.

 

Design work for Woodriff Lane Enhancements is scheduled to be completed in June 2009. Quotes for the construction phase will be sourced following completion of this design with construction to commence in the first quarter of 2009-10 and completed by September 2009.

 

Victoria Park landscaping work will commence in May however a number of larger elements such as picnic shelters will be construction in the next financial year with completion by September 2009.

 

Glenmore Park Child and Family Precinct $3,079,533 – (s94, Property Development Reserve)

The second stage of the tender process for the construction of the Glenmore Park Child and Family Precinct Project commenced in late November 2008. Tenders closed on 22 December 2008.  Assessment of the shortlisted tenders was completed in February 2009, including an interview with three tenderers.

 

Council considered a report on the tender assessment and funding at the Ordinary meeting of 23 March 2009.  Council resolved to engage Denham Constructions to complete the project.  Construction has commenced and the completion date remains January 2010.

Penrith CBD Traffic Study $98,899 - (EEP reserve/General Revenue)

Progression of this study is dependent on endorsement of principles by a Working Party. The process of establishing a Working Party and endorsement of principles will limit expenditure in this year.

 

Penrith CBD High Pedestrian Activity Area $140,000 ($70,000 General Rev/ $70,000 Grant)

The design work has commenced and some construction will commence this year. The bulk of the construction will be completed by November 2009 in accordance with the requirements of the grant conditions.

 

Lenore Drive Extension  $500,000 (s94 funded)

The designs and tender documentation are being prepared by the developer of the estate as works in kind (WIK). This documentation is behind schedule and whilst tenders might be called this year, it is unlikely that expenditure will occur this year.

 

Civic Centre Extension Fitout $1.27m (Property Development Reserve funded)

This project was deferred due to an organisational restructure. Designs are currently being prepared based on Council’s new structure with work due to commence in July for completion in November 2009.

 

Gipps Street Masterplan $200,000 (s94 funded)

Preliminary earthwork is on hold due to the pending approval from Department of Environment and Climate Change (DECC), as the material at the Ermington site is not Virgin Material (VENM), DECC approval is mandatory. Delay in the process was due to extensive testing for this approval. The relevant reports have been forwarded to Council’s Auditor for the review and awaiting approval from DECC in May 2009. It is recommended to revote $200,000 with works to be completed in September 2009.

 

Catchment Management Floodplain Study $224,269 – (Grant $149,513, Reserves - $74,756)

Progress has been delayed due to lack of resources available to the consultant.  The Department of Environment and Climate Change (DECC) the grant funding body are aware of the delays. Completion is expected by December 2009.

 

Gipps St Detailed Design $50,000 (s94 funded)

Playing field design work is nearing completion. Quotes have been obtained to carry out a Review of Environmental Factors which is expected to be completed by the end of June 2009. The next stages include the design works for the amenity building, sewer and water services and an investigation into the possible source of water for field irrigation. It is recommended to revote $50,000 with design to be completed in December 2010.

 

 

Building Asset Renewal – Civic Centre Lifts  $270,000-General Revenue

Technical issues were encountered during the tender evaluation that delayed the process and caused the tender to fall outside the validity period. It was recommended that the works be retendered.

 

Ripples Asset Renewal $1.3m (Loan/Property Reserve)

This project has been delayed due to the investigation of alternative delivery options and a specialist consultant has been engaged to assist Council in upgrading Ripples plant.  Orders are being organised for specialist equipment that has an 8 week delivery time, with the majority of the work being coordinated to ensure minimal disruption to learn-to-swim programs.

 

CUA Penrith Stadium Stage 3 - $4.9m (Grant funded)

The project has been delayed to allow for investigations into a rising sewer main and its impact on the project.  It has been agreed that the project will consist of two elements- a cricket clubhouse and redevelopment of CUA Stadium. Design concepts for the clubhouse are well progressed.  A project program has been developed and is dependent on the final scope of works being agreed upon. The completion date could be earlier than the anticipated original completion date of June 2010.

 

Penrith Pool Amenities Block $150,000 (Property Reserve funded)

To avoid the peak swimming season work has now commenced on Stage 1 of upgrading Penrith Pool.  Stage 1 includes the upgrade of the male and female changing rooms as well as the general office area. It is expected that Stage 1 will be completed by the end of June.

 

Stage 2 of the project includes developing a fully accessible changing room and family change area.  Implementation of this stage has been delayed as additional consultation and redesign has been undertaken to ensure that the appropriate facilities are delivered.  It is expected stage 2 will be completed during the first quarter of 2009-10.

 

 

Other variations with no impact on the Surplus

 

Penrith Cemetery Columbarium ($30,000) funded from Cemetery Reserve

The Penrith General Cemetery Masterplan includes the construction of two Columbariums at Penrith General Cemetery. Construction of the two columbariums is required to ensure the sustainability of ashes niches for the community. The total cost of this project has been identified as $100,000, with 30% of the cost payable in this financial year to secure the ordering of the stone to match the existing columbarium. 

 

The deposit is required in order to secure the matching stone which is becoming increasingly difficult to source. Construction of the two columbariums at Penrith General Cemetery is expected to commence during the first quarter of the 2009-10 financial year.

 

Motor Vehicle Purchases/Sales ($345,800)

A net reduction of $345,800 in changeover for 2008-09 is predicted based on an analysis of vehicles scheduled to be replaced for the remainder of the year. This savings is proposed to be transferred to the Motor Vehicle Replacement Reserve to provide funding in 2009-10 for motor vehicle replacements as discussed during the 2009-10 budget process.

 


Workers Compensation ($300,000)

As a result of improved injury claims management, identified savings have occurred in Workers Compensation during 2008-09 of $300,000 and this savings is proposed to be transferred to the Insurance Reserve to be utilised to part fund Workers Compensation in 2009-10 as identified through the 2009-10 budget process.

 

Restoration Expenditure/Income ($89,000)

Service authority and private restoration income for the quarter has exceeded expectations, which is offset against additional expenditure required for the requested works.

 

Cook Parade – provide floodlighting  ($65,000)  S94

A detailed quote was received by Council to light the playing field to the level requested by the Australian Football League (AFL) that would be required for night training at Cook Park. The quote was in excess of $155,000. The local club and AFL NSW were unable to source the additional $90,000 required to light to the standard requested and therefore it is recommended that the existing funds be returned to reserve until additional funding sources can be identified.

 

S94 contributions $437,303

Additional income received for a number of plans including Glenmore Park, Mt Vernon, Claremont Meadows and Library Facilities which is offset by a transfer to the relevant s94 reserve.

 

Property Development - $305,000

Increase in Property Development Income relating to compensation received from Sydney Water for land compulsorily acquired at Woodriff Gardens, High St Penrith to allow for an upgraded sewerage pumping station.

Conclusion

The review indicates substantial progress to meeting Council’s challenging annual program.  The budget remains balanced despite lower revenues in a number of areas and uncertain economic times.

 

The review documents will be available on Council’s website, as well as being made available to the public in hard copy and CD versions on request, and through the Civic Centre, Queen St Centre and all libraries.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2008-2009 Management Plan Review as at 31 March 2009 be received.

2.     The 2008-2009 Management Plan Review as at 31 March 2009, including revised estimates identified in the recommended budget, be adopted.

 

 

 

3.     The proposed budget reallocations and amendments to tasks detailed in the report be adopted.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City in its Broader Context

 

Item                                                                                                                                       Page

 

2        Finalise Master Plan and Implementation Strategy for the Penrith Civic Arts Space between the JSPAC, Civic Centre and Westfield

 

 



Ordinary Meeting

25 May 2009

The City in its Broader Context

 

 

The City in its Broader Context

 

 

2

Finalise Master Plan and Implementation Strategy for the Penrith Civic Arts Space between the JSPAC, Civic Centre and Westfield   

 

Compiled by:                Peter Wood, Development Assessment Co-ordinator

Authorised by:             Paul Lemm, Development Services 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: Sporting, leisure, cultural and business facilities needed to support Penrith City Centre’s regional role have been defined and prioritised and initiatives to secure their provision by Council, other agencies and private interests are being taken.

      

Purpose:

To provide Council with the final Landscape Master Plan for the Penrith Civic Arts Space and seek their endorsement to the Plan and the signing of the Memorandum of Understanding between the key stakeholders. The report recommends that the Concept Plan be supported and the Memorandum of Understanding be signed.

 

Background

A previous landscape master plan was prepared by Knox and Partners Landscape Architects Pty Ltd in 2002, as part of the development application (DA02/2522) for extensions to the Joan Sutherland Performing Arts Centre (JSPAC).

 

The project area defined by the 2002 Landscape Master Plan (LMP) was bound by:

·    The southern elevation of Westfield Penrith Plaza

·    High Street, Penrith

·    The southern car park entry to Westfield Penrith Plaza

·    The vehicular entry road to the Council’s Civic Centre

 

The original LMP had broad objectives such as:

 

·    To describe the nature and function of spaces in the precinct as they relate to the existing built form

·    To enable the extension to the Joan Sutherland Performing Arts Centre to merge into the existing space

 

The need for a revised LMP arises from:

 

·    The completion of the JSPAC

·    Changes proposed to the library auditorium

·    Unacceptable wear to lawn areas

·    Lack of seating within the space

·    Ongoing pedestrian safety issues

·    Council’s desire to better utilise the open space within the City

 

The project objectives for the development of the Landscape Master Plan are outlined below:

 

·    Develop a regionally significant civic/arts hub, with its own strong identity;

·    Create a public space which serves, and reflects, the surrounding civic, cultural and retail functions – and ensure buy-in from key stakeholders;

·    Provide opportunities to allow the civic, cultural and retail functions to co-exist and to reinforce each other;

·    Make the space itself as much a destination as the existing facilities which surround it;

·    Use the large site area to provide a range of activity settings from passive to contemplative to intense urban;

·    Make positive design responsive to the way in which the space changes from day to night, and throughout the year;

·    Configure the space to be suitable for a single, dominant event, and for multiple smaller concurrent events;

·    Enhance legibility and connections to surrounding destinations;

·    Make the space safe, primarily through the application of Crime Prevention Through Environmental Design Principles (CPTED);

 

The development of LMP has been supported by the following documents;

 

Design statement

Knox and Partners Landscape Architects

Crime Prevention Through Environmental Design Report

Knox and Partners Landscape Architects

Access Report

Mark Relf Access Consultant

ESD Review

Louise Howard Consultant

Irrigation Demand Report

Hydro-Plan Irrigation Consultants

Lighting & Power Report

Knox and Partners Landscape Architects

 

A copy of the concept Landscape Master Plan is outlined in Appendix No. 2 – A3 copies will be provided to Councillors under separate cover.

 

At the Ordinary Meeting of 23 July 2007, Council resolved the following:

 

“1.   The information contained in the report on Finalise Master Plan and implementation Strategy for the Civic Space between the JSPAC, Civic Centre and Westfield be received.

2.     Council endorse the draft Landscape Master Plan for exhibition purposes and the commencement of the pathway upgrade outlined in Stage 1 commence immediately following completion of detailed designs.

3.     In conjunction with the Landscape Master Plan, Council conduct a safety audit of the Henry/High Streets section of the walkway between Railway Street and the Civic Centre, with special consideration being given to lighting requirements.

4.     A memorandum of understanding and a program of events be developed between Council, the JSPAC and Westfield.

5.     The matter be reported back to Council following completion of the consultation process for adoption.”

 

A task was included in the 2007/2008 Management Plan to – “Finalise Master Plan and implementation strategy for Civic Space between the JSPAC, Civic Centre and Westfield” and in the current Management Plan a similar Strategic Task requires – “Finalise the Master Plan for the Civic Space between PP&VA, Civic Centre and Westfield and commence its implementation.”

 

A Council project team was established to oversee the preparation and implementation of the Landscape Master Plan for the Penrith Civic Space. 

 

This matter was reported to the City Centres Working Party on 18 May 2009, where the concept plan and eventual development of the space was considered appropriate.  Suggestions about the lighting, shade and overall space utility were raised and these will be considered in the final design phase.

 

Public Exhibition

Draft Landscape Master Plan was placed on Public Exhibition from 9 October 2007 until 26 October 2007. Displays of the Draft Plan were provided in both the Civic Centre Foyer and the Joan Sutherland Performing Arts Centre Foyer. The Draft Plans were also available for viewing on Council’s website and an advertisement together with an article about the Landscape Master Plan were provided in the local press via the Mayoral Minute.

 

A total of four submissions were received, all providing support for the Draft Master Plan.

 

Pathway Upgrade

The pathway that extends from the entrance of the Civic Centre through to the covered walkway of Westfield has been completed in accordance with the Draft Landscape Master Plan.

 

Safety Audit

Public Domain Amenity & Safety Manager’s Comments

In January 2009 a sub group of the Penrith Valley Community Safety Partnership was formed of relevant stakeholders including, Council, Westfield, Penrith Police, Joan Sutherland Performing Arts Centre, Penrith Youth Interagency and Nepean Community College to develop a range of coordinated strategies to enhance the safety and amenity of this public area that allows all members of the community to confidently use the space.

 

The strategies relate to the maintenance and management of the space, including security measures to address issues of real and perceived safety concerns.  The sub group is also keen to activate the space through a range of activities and events which may include engagement of a range of groups including young people.

 

To date there have been two meetings held with another meeting is scheduled for 3 June 2009. A number of issues have been discussed with a range of actions implemented and/or proposed for progression by various stakeholders.

 

A strategies matrix has been developed by the group for investigation and/or implementation and includes the following actions.

 

·    The amenity of this space has recently been enhanced through the returfing of the grassed area and the installation of litter bins. 

·    Gates have been installed at the bottom of the fire stairs on the eastern end of the JSPAC to prevent unauthorised access.

·    Westfield Security staff maintains a presence at the western entrance of the Westfield Plaza on Thursday evenings.

·    Interaction with young people by officers from the Penrith Local Area Command on Thursday evenings.

·    Youth Workers from Fusion are engaging with young people in the space on Thursday afternoons from 3pm.

·    Regular ongoing maintenance of the space by Council staff including litter removal and garden maintenance.

·    Investigations into the installation of a permanent sound system to provide music into the space.

·    Installation of CCTV cameras for coverage of the space linked to Council CCTV network.

·    Implementation of litter education programs by Council staff.

·    Ongoing consultation by Penrith Youth Interagency with young people regarding their needs and interests to determine suitable activities for the space.

 

An application has been submitted under the Federal Government’s Proceeds of Crime Act Grant Scheme for a crime prevention project, “Green Space Engagement project”.  If successful two part time Community Engagement Officers will be engaged to develop and implement a regular schedule of events and activities that will activate and engage this space for a range of groups including young people, families and children.  Other elements of the project would include enhancements to existing security infrastructure.

 

Appropriate activation of the space by all sections of the community is vital to the success of the project.  The space could be used for any number of events, with just a few being:

 

·    Fashion parades and other retail exhibitions;

·    Art exhibitions;

·    Outdoor performers;

·    Markets (Farmers’ markets recently approved);

·    Car club displays;

·    Musical events;

·    Community events such as Youth Week activities.

 

Memorandum of Understanding

A Memorandum of Understanding (MOU) has been developed between Council, Westfield Penrith Plaza and Penrith Performing and Visual Arts. The MOU outlines the collaborative approach to the ownership, design, funding, construction, cultural programming, security and management of the Penrith Civic Arts Space.

 

The parties recognise that there are significant benefits to be gained through the development of a collaborative approach to implementing the Landscape Master Plan and establishing management protocols for the space. The document outlines the principles and priorities that together form the basis of a strategic partnership agreement.

 

Through the MOU, the parties will work to ensure that shared events take place within the Civic Arts Space that satisfies the intent of the MOU.  The events will be co-ordinated and programmed and marketing strategies and positive media will be developed to ensure continued activity within the space.

 

The MOU outlines how the Steering Committee and Project Working Groups will be established and operate. The Steering Committee will comprise Senior Representatives from each of the parties, which includes Penrith City Council, Penrith Performing and Visual Arts, Westfield Shopping Centre Management and Westfield Management Limited.

 

Project working groups will comprise officers from each stakeholder and will meet as required to achieve the project objectives. These working groups will work collaboratively to develop:

 

·    The shared management plans

·    Co-ordinate consultation between the three stakeholders

·    Marketing, cultural planning collaboration between stakeholders and the operation of the space

·    Respond to any priorities identified by the Steering Committee

 

It is intended that the shared management plans should cover such issues as:

 

·    Implementation of the Landscape Master Plan;

·    Design input;

·    Funding or works in kind;

·    Security;

·    Cultural planning and event management;

·    Outdoor screen;

·    Land tenure;

·    Car park usage;

·    Maintenance and repairs; and

·    Governance

 

Unless otherwise agreed, if shared management plans have not been agreed by all parties within 12 months from the signing of the MOU, any party may terminate the MOU by notice in writing to the other parties, and no party will be liable to any other party in any manner whatsoever. All the parties have accepted the MOU contents. 

 

The MOU is a statement of intent only and not intended to operate as a binding document on the parties or to create legal relationships between them. Negotiations are now at a stage where the MOU can be signed by all parties subject to Council endorsement.

Negotiations with Key Stakeholders

Westfield Penrith

The Landscape Master Plan includes land owned by both Council and Westfield Management Ltd (as outlined in Appendix No. 3 - A3 copies will be provided to Councillors under separate cover). Westfield’s have been supportive of the development of the Landscape Master Plan and have been open to ideas and options to improve the functionality and utility of this space. They see obvious benefits to both the Penrith Plaza and the City as a whole for this space to be enhanced.

 

The project team have developed the Landscape Master Plan in collaboration with Westfield so that the relationship to the Plaza and the Penrith Civic Space are activated where possible. Council officers have been in negotiations with Westfield’s about their future plans and how these can form part of the enhancement of this space. Westfield’s are prepared to engage collaboratively with Council in both the management and implementation of this Landscape Master Plan.

 

Any proposal to enhance land owned by Westfield would be subject to a Development Application. However, the Exempt and Complying provisions in the Penrith City Centre Local Environmental Plan 2008 would apply to the majority of work on Council owned land.

 

Penrith Performing and Visual Arts (formerly JSPAC)

As a key stakeholder in the project, the Penrith Performing and Visual Arts (PP&VA) has also been closely involved in the development of the MOU and the finalisation of the Landscape Master Plan

 

PP&VA are supportive of the concept provided that the future water feature and play centre have a design and artistic integrity of an appropriate standard to complement the entire precinct.   Any alterations to the Plaza would also need appropriate architectural treatment to relate positively to the space.  This would be considered in any future development application.

 

PP&VA have engaged consultants to undertake a feasibility study into a possible outdoor coffee kiosk or similar outdoor bar/beverage offer for the PP&VA.  The recommendations of this study can be considered by the Steering Committee to determine the level of kiosk operations necessary in the space. 

 

PP&VA also considers that the large outdoor screen is a vital component to the success of the space and should be funded for early provision.

 

Access Committee

The Landscape Master Plan was presented to the Access Committee on 3 October 2007 and the Committee made a number of suggestions that relate to the following:

 

·    Universal Design Principles be incorporated into the design of the space

·    Accessibility and seating facilities for people with disabilities needs to be considered

·    Emergency Access needs to be provided to the space at all times

 

These matters have formed the basis of the Access Report prepared by Mark Relf Access Consultant, who concluded that:

 

“In my opinion from a review of the plans the design will provide appropriate access for people with disabilities consistent with the Disability Discrimination Act and Australian Standard 1428, in particular, people with mobility and vision impairments.”

 

Financial Services Comment

Under the Penrith City Centre Civic Improvements s94 Plan adopted in December 2008 a Master Plan was prepared for the Civic Arts Precinct with an estimated cost of works of $3.75m with implementation costs further increasing this to $4.0m. It was considered unreasonable that the residents and workers of the City Centre solely contribute to the provision of these works and as such only 50% of the cost ($2.0m) of these facilities could be raised through contributions under this Plan. This meant that Council would need to source alternative funding to fully implement the project.

 

The current estimated cost of the Master Plan is in the order of $3.7m, pending finalised design plans. However this includes a provision for a large outdoor screen currently estimated at $1.0m. If this component was removed the revised cost would be $2.7m.

 

Council is currently negotiating with key stakeholders to fund and construct the piazza area in the north east corner of the plan (as shown in Appendix No. 2 – A3 copies will be provided to Councillors under separate cover) which has been estimated at $1.1m. If this was to occur the remaining stages of the Master Plan would require a further $1.6m (excluding the outdoor screen) to construct which could be funded through the Penrith City Centre Civic Improvements Plan. As this Plan is currently in deficit it would be preferred that the commencement of the remaining stages allow for further contributions to be received prior to the works commencing. A report will be provided to Council on the funding strategies available taking into account any efficiencies that may be gained by advancing the timeframe for the delivery of the completed Landscape Master Plan.

 

To date $69,000 has been spent on preparing detailed designs and a further $32,650 on footpath construction totalling $101,650. A further $51,000 is required to complete the design process taking into account proposed amendments put forward by key stakeholders and the revised security/vandalism issues. This amount includes an allowance of $15,000 for a screen feasibility study and $1,500 for a Quantity Survey of final documentation.

 

Event Co-ordination

The proposed Steering Committee will in the first instance identify specific calendar dates for use by particular parties. Given the implementation of the Civic Arts Space the work will be undertaken in stages, it is likely that the event management will not need a full time project curator. This responsibility would reside within the parameters of the Steering Committee or Project Working Groups that will be set up as a consequence of the MOU.

 

In the fullness of time, should the space obtain an outdoor screen then there may need to be responsibility and ownership of how this facility is managed. Event management may become more important on implementation of the Landscape Master Plan in full.

 

The event co-ordination of this space will be further reviewed and options brought back to Council for consideration when a clearer understanding is known about the potential resource demand attributed to the activation of this space.

Next Steps

Following Council’s support for the Landscape Master Plan the following actions will need to be undertaken:

 

·    The MOU is signed by all parties

·    Further negotiations are to be undertaken with Westfield and Penrith Performing and Visual Arts to nominate representatives for the Steering Committee

·    The Steering Committee is convened

·    Where development applications are required for any works associated with the Landscape Master Plan, they be submitted

·    Further discussions be undertaken to look at options for overall event management for the space

·    The final design plans for the Landscape Master Plan be completed to enable construction when the funds become available

·    Documentation be completed in readiness for any future grant opportunities or alternative funding sources to implement the works

Conclusion

The embellishment and enhancement of the Civic Arts Space has been an objective of Council since 2002 when the extensions to the then Joan Sutherland Performing Arts Centre were undertaken. Activation and use of the space in accordance with the key objectives of the Landscape Master Plan will provide an important contribution to the City Centre’s vitality.

 

The Landscape Master Plan incorporates a number of innovative design solutions that enabled dual use of the space while at the same time providing additional seating and passive recreation space. The Landscape Master Plan has undergone lengthy negotiations with major stakeholders in an effort to achieve an outcome that can deliver benefits to all parties while at the same time seeking a commitment to the overall implementation and management of the space.

 

The implementation of the Landscape Master Plan for the Civic Arts Space is the first upgrade of a Civic area within the Penrith City Centre and will provide a benchmark for similar spaces particularly, Queen Street St Marys.

 

The long-term objective to provide an outdoor screen would no doubt provide a very strong point of difference to any other open space area within the City and as such this outcome is one that needs to be pursued as it will add to the attraction of the City to its residents and to the regional generally.

 

It is hoped that through the signing of the Memorandum of Understanding, that negotiations with stakeholders will result in the construction of the first part of the Landscape Master Plan being that area adjacent to the Westfield Plaza and the Penrith Performing and Visual Arts. A further report will be tabled at a Council meeting to obtain Council’s approval for Landscape Master Plan and for approval to sign the Memorandum of Understanding.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Finalise Master Plan and Implementation Strategy for the Penrith Civic Arts Space between the JSPAC, Civic Centre and Westfield be received

2.     Council endorse the Landscape Master Plan

3.     The Memorandum of Understanding to be signed by all parties

4.     A further report is to be brought back to Council that explores the funding opportunities to implement the entire scheme.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Concept Plan

1 Page

Appendix

3. View

Stage 1 Works

1 Page

Appendix

  


Ordinary Meeting

25 May 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 2 - Concept Plan

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 3 - Stage 1 Works

 

 

 

  


The City as a Social Place

 

Item                                                                                                                                       Page

 

3        NSW Attorney General's Department Crime Prevention funding 

 

4        Grant Funding Allocation - Department of Ageing, Disability and Home Care

 

5        Healthy Eating at Active Penrith Events 

 

6        Penrith Schools' Boatshed Management Committee

 

7        Aquatic and Recreation Institute Conference, and the Parks and Leisure Association Annual National Conference

 

8        St Marys Tennis Centre

 

9        Sportsground Management Strategy

 

10      Tender No 06-08/09 Provision of Security Services

 

11      Development Application DA08/1275 Torrens Title Subdivision of two lots into five lots at Lot 100 DP591759 and Lot 98 DP 238269 (No 27 & 45) Greenhaven Drive Emu Plains . Applicant: Kevin Smith, Werrington Unit Trust;  Owner: Tresaire Pty Ltd DA08/1275

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

 

 

12      Development Application DA08/1333 for Demolition of a Service Station and Erection of a Nine (9) Storey Mixed Use Development on Part Lots 21 & 22, Sec 30, DP 1855 and Part Lot 46B DP 411863 (No. 182-190) Great Western Highway, Kingswood. Applicant: Cityscape Planning & Projects;  Owner: Mr W. S. Quirk DA08/1333

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

 

 

URGENT

 

23      Appointment of Council Representatives to Joint Regional Planning Panel

 

 



Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

3

NSW Attorney General's Department Crime Prevention funding    

 

Compiled by:                Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:             Yvonne Perkins, Public Domain Amenity and Safety 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 inform Council of two grants that have been received by Council under the NSW Attorney General's Department Crime Prevention grant Scheme. The report recommends that the information be received and that the grants for the Plate Safe Program and the Jane Street Car Park CPTED project in the amounts of $19,445 and $64,000 respectively be accepted.

 

Background

In 2008, the Penrith Valley Community Safety Plan 2007-2011 was endorsed by the NSW Attorney General’s Department as a Safer Community Compact. This endorsement provides Council with eligibility to apply for Crime Prevention funding under the NSW Attorney General’s Department Crime Prevention Grant scheme.

 

In December 2008, Council submitted two (2) applications for funding for two crime prevention projects under this scheme. Council was formally advised in April 2009 that it had been successful in receiving $19,445 for the Plate Safe program and $64,000 for the Jane Street Car Park CPTED project. The details of each project are outlined below.

 

Plate Safe Program

 

The Plate Safe program is a local crime prevention project aimed at preventing and reducing number plate theft in the Penrith Local Government Area (LGA). The project will be delivered in partnership with Penrith and St Marys Police.

 

The program involves a combination of strategies, including target hardening with the fitting of anti-theft number plate screws to vehicles at key locations across the City and educational strategies to raise community awareness about number plate theft.

 

The project aims to target motor vehicle owners who reside within the Penrith LGA, and will be delivered at three advertised car parks in St Marys and Penrith, with two (2) sessions offered at each location to fit the screws. Council's Civic Centre car park will be one of the designated locations,  the other locations will be determined at a later date following discussions with project partners about the most suitable and accessible locations. 

 

The project is also supported by the Penrith Valley Community Safety Partnership and the newly established Penrith Crime Prevention Partnership, given that the issue of number plate theft has been identified as an issue by both groups.

The funding will be used to purchase and fit the screws, develop educational materials relating to number plate theft and to cover the promotional costs for the program.

Quotations are currently being sought for the supply and/or fitting of the screws. 

 

Jane Street Car Park CPTED (Crime Prevention through Environmental Design) Project

 

The objective of the Jane Street Car Park CPTED project is to measure the effectiveness of the implementation of a range of physical CPTED treatments to reduce the levels of steal from motor vehicles.   The grant application for this project was submitted in partnership with RailCorp following recommendations made at the Community Safety Audit held at Penrith Railway precinct in October 2008.

 

The project will be delivered in partnership with Railcorp, and Penrith Police, and is also supported by the Penrith Crime Prevention Partnership (CPP).

 

To assist in measuring the effectiveness of the physical treatments, the car park has been divided into an “intervention” section and a “control” section.

 

This is an ideal car park for this project as it has been constructed in two clearly defined sections, east and west of the lights at the entrance to Westfield Plaza.  The eastern section will be used as the “intervention” site with the western section being used as the “control” site.

 

The intervention site will have a number of physical treatments carried out as detailed below, whilst the control site will remain unaltered for the duration of the project.

 

As noted above this car park is suitable for a comparison study as both sections are comparable in size, have similar design, similar levels of usage and both are subject to similar levels of steal from motor vehicle.

 

The project involves fencing the intervention section of the car park with dark coloured, loop top metal fencing, to a height of 1200mm. Consideration has been given to both the height and style of the fencing based on CPTED guidelines. Darker coloured fencing is preferable as it is easier to see through as opposed to lighter colours which reflect light.

 

The height of the fence will be effective in minimising quick escape routes for potential offenders, without creating a 'fortress' like appearance or impacting upon the streetscape. This would therefore increase the effort required to commit steal from motor vehicle offences at this location.

 

The project also involves removal of dense shrubbery to enhance passive surveillance of the intervention section of the car park and minimise concealment opportunities. The recent Community Safety Audit highlighted a number of concealment opportunities and reduced visibility as a result of dense shrubs throughout the car park. The project proposes to remove existing shrubs and replace with low-lying vegetation to enhance visibility and sightlines for users.

 

In addition to the above treatments Railcorp has increased maintenance schedules in the whole of the Jane Street car park which has resulted in an improvement to the overall appearance of this car park.

 

Penrith Police will provide assistance through provision of local crime data to measure the impact of the project on reducing steal from motor vehicle offences at the target location.

 

This crime prevention project is the first stage in improving the safety and amenity of the Jane Street car park.  The project is essentially a crime prevention study to measure the effectiveness of a range of physical improvements in reducing steal from motor vehicles.  As stated above this requires both an intervention and control site.

 

At the completion of the project, it is proposed to enter into further negotiations with RailCorp, as the owner of the car park, for the implementation of similar treatments to the control section of the car park to bring it to a similar standard of the upgraded eastern portion of this car park.

 

Should the results of this project be positive in reducing the levels of steal from motor vehicles then approaches will also be made to the NSW Attorney General’s Department for funding in a future NSW Crime Prevention grant funding round. 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Attorney General's Department Crime Prevention funding  be received.

2.     The grant for the Plate Safe Program in the amount of $19,445 be accepted.

3.     The grant for the Jane Street CPTED Project in the amount of $64,000 be accepted.

4.     Council write a letter thanking the NSW Attorney General for the grant funding for these two projects.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

4

Grant Funding Allocation - Department of Ageing, Disability and Home Care   

 

Compiled by:                Joe Ibbitson, Community Programs Co-ordinator

Authorised by:             Erich Weller, Community and Cultural 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 to address the differing needs and issues of the various age groups through Council's policy responses, program initiatives and advocacy.

     

Purpose:

To provide information on a recurrent annual grant allocation to expand Council's capacity to respond to the growing service demands in the aged and disability services portfolio. The report recommends that: the information be received; Council endorse receipt of the recurrent grant of $25,000 per annum from the Department of Ageing, Disability and Home Care; and letters acknowledging this funding be forwarded to the Minister for Ageing and Disability Services as well as State Members.

 

Introduction

Council has recently received notification that the Hon Paul Lynch MP, NSW Minister for Ageing, Disability Services and Aboriginal Affairs had approved a recurrent funding allocation of $25,000 to Council under the Home and Community Care (HACC) Program. This funding is additional to Council’s current annual allocation of $18,854. The funds are provided as a recurrent, annual direct allocation to expand delivery of Aged and Disability Service outputs by Council and support the implementation of the HACC program across the Penrith LGA.  The HACC program is the joint Commonwealth/State funded program that provides funds for services for frail aged and people with disability.

Background

Council has consistently advocated to the NSW Government over many years about the relatively low level of funding support for Council’s Aged and Disability Services portfolio when compared with other Councils, specifically Hawkesbury and Blacktown City Councils.  This difference in funding contributions by the NSW Government is largely historical and based on when Councils first applied for the salary subsidy.

 

Council’s advocacy position on this matter is covered under the Penrith Principles for a Sustainable City, Principle 2 – Achieve long-term economic and social security.  Council’s longer term goal is “Access to services in the City is equivalent or better than that in other areas in Sydney.”  A detailed submission on this matter was developed and presented to the relevant NSW Minister on a number of occasions during visits by the NSW Cabinet to Penrith and also through the advocacy of local members.

 

In 2007, officers from DADHC had indicated during planning meetings with Council staff that the issue of funding for Council was being considered in the context of the allocation of growth funds under the NSW 2008/2011 HACC Triennial Plan. DADHC specifically highlighted the important work Council undertakes in support of the Penrith Community Care Forum, the Nepean Disability Forum and the commitment by Council to develop an ageing strategy and inclusion plan for people with disability.  In addition DADHC acknowledges the key and growing social service role that Penrith as a regional city plays in responding to the increasing numbers of older people and people with disability in Penrith and surrounding catchment.  Many direct services are located in Penrith and servicing this larger catchment.

Council’s Disability Services Portfolio

The next section of this report summarises Council’s disability access and disability services portfolio.

 

Disability Access

 

Council’s Disability Access Officer is a part time (three days per week) position established in 2003 to drive the implementation of Council’s first Disability Action Plan. Council officers are currently finalising the next Disability Action Plan, the Stage 2 project, now renamed as the draft ‘Penrith Inclusion Plan – People with Disability 2009-13’. The final draft plan will be reported to Council’s Policy Review Committee meeting in the next month or so seeking Council’s endorsement that the Inclusion Plan be placed on Public Exhibition for community comment and feedback. 

 

Council’s Disability Access Officer will have the key overall responsibility for working across Council departments and services to promote the implementation of the new Penrith Inclusion Plan. The plan focuses activity on continuing to make Council’s services and facilities more accessible and also its role as City leader in promoting the inclusion of people with disability in all aspects of community life. There are also funds available through Council’s annual Disability Access Improvement Program to support the implementation of the plan and to allocate in negotiation with other Council departments to specific projects.

 

The Disability Access Officer position is funded by Council from general revenue.

Disability Services

Until recently Council’s Community Development Officer-Aged and Disability Services provided support to the disability services sector.  Given increasing demand in the aged services and older people portfolio this position now focuses solely on older people and aged services.

 

It is proposed that the additional annual allocation of HACC funding ($25,000) by DADHC be used to ensure Council continues to meet its funding agreement obligations with DADHC in relation to providing support, service planning and co-ordination for the disability services sector in the City.  This will include contributing to DADHC and other planning processes for disability services, supporting local disability services and networks, including the Nepean Disability Forum, the Penrith Disability Resource Centre, Nepean Area Disability Organisation and the many other local organisations and foundations that provide services to people with disability and their carers across the Penrith area. 

 

The additional resources will be used to work with Council’s community and government partners to ensure that the Penrith area receives an equitable allocation of resources for disability services. This is particularly important given the $1.8 billion boost to funding for disability support services across Australia provided under the 2008 agreement between the Commonwealth, State and Territory governments. The additional resources will also support Council’s policy development function in relation to disability services including input to the Commonwealth’s recent initiative to develop a National Disability Strategy.  Additional support will also be available for Council’s Access Committee which also receives reports from the Disability Access Officer.

 

This approach has been discussed with representatives from DADHC who have indicated that this will meet with the requirement to continue the delivery of Disability Service outputs.   The grant is indexed each year.

 

Financial Services Manager’s Comment

 

The annual grant allocation of $25,000 is proposed to be used to provide additional resources to expand Council’s capacity in the disability services portfolio.  It has been advised that this is an appropriate use of this grant.  The proposed expansion of service will be no more than $25,000 and can thus be funded by the grant allocation.

 

Summary

 

Following consistent advocacy and lobbying over many years, the NSW State Government, through the Hon Paul Lynch MP, NSW Minister for Ageing, Disability Services and Aboriginal Affairs, has approved an annual recurrent funding allocation of $25,000 to Council. This funding is additional to Council’s current annual allocation of $18,854. The funds are provided as a recurrent, annual direct allocation to expand delivery of Aged and Disability Service outputs by Council and support the implementation of the HACC program across the Penrith LGA.

 

It is proposed that the additional $25,000 allocation from DADHC provide additional resources to support Council’s planning co-ordination and support role for the disability services sector and related policy initiatives. This approach will satisfy Council’s funding agreement obligations with DADHC.

 

RECOMMENDATION

That:

1.     The information contained in the report on Grant Funding Allocation - Department of Ageing, Disability and Home Care be received.

2.     Council endorse receipt of the recurrent grant of $25,000 per annum from the Department of Ageing, Disability and Home Care to provide additional resourcing that will focus on disability services support and co-ordination in the City.

3.     Letters acknowledging this important funding contribution from the NSW Government be forwarded to the Hon Paul Lynch MP, Minister for Ageing and Minister for Disability Services as well as local State Members.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

5

Healthy Eating at Active Penrith Events    

 

Compiled by:                Monique Desmarchelier, Healthy People Partnership Officer

Authorised by:             Andrew Robinson, Recreation Manager   

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

Critical Action: Develop and implement a healthy strategy for the City that will guide planning and strategies that embrace healthy outcomes.

     

Purpose:

To advise Council of a proposed series of events that will constititute Active Penrith month to be held 1st - 31st October 2009 and; to inform Council of grant funding opportunites available from the NSW Cancer Council and the NSW Department of Sport and Recreation that will be used for some events within the  Active Penrith month.  The report recommends that: the information contained in the report on Healthy Eating at Active Penrith Events be received; Council endorse the implementation of Active Penrith Month; entry to Council owned facilities, Penrith Pool, St Clair Leisure Centre, and the tennis courts be free on the dates specified for the purpose of open days; Council accept the grants provided by NSW Cancer Council and NSW Department of Sport and Recreation ; authorise Council Officers to enter into funding agreements for these grants; and Council approve $12,000 be allocated from the Recreation Reserve for the purpose of seed funding the 2009 Event.

 

Background

Sport and recreation has a vital role to play in building communities and shaping our society and its values, particularly; teamwork, friendship and social interaction, respect for others, discipline, fair play and commitment, and inclusiveness. More directly, sport and recreation, whether organised or casual and incidental, contributes to improving physical fitness and mental well-being and provides outlets whereby programmes and provision of facilities reduce anti-social behaviour, raise levels of individual, community and national morale, embrace cultural diversity and disabilities, and improve levels of health.

 

Recognising the role of sport and recreation and that physical activity builds stronger and healthier communities, The State Plan, launched in 2006, set themes of:

 

‘More people using parks, sporting and recreational facilities and participating in the arts and cultural activity’, and;

 

‘An increase in the proportion of the total community involved in volunteering, sport and recreational activity.’

 

Furthermore, the State Plan set a target of a 10 per cent increase by 2016 in the number of people participating in sporting activities and physical exercise. NSW Health, who is responsible for ensuring that the people of NSW are provided with the best possible health care, has called upon Governments at all levels, and other organisations, to develop policies, legislation, and action plans to improve health through reducing obesity, smoking, drinking and increasing physical activity.

 

Utilising the State Plan as a launching platform, NSW Sport and Recreation commissioned a project to develop a NSW Sport and Recreation industry plan. After extensive consultation, ‘Game Plan 2012: Shaping our Community for a Sustainable Future’ was launched in 2007. The plan takes an innovative approach providing a new direction for sport and recreation that is community-centred, building the social capital of our State and recognising the important role of sport and recreation in “shaping our community for a sustainable” future.

 

The themes of the State Plan and those of Game Plan 2012, are currently reflected in Council’s 2008-2009 Management Plan and support UNEP Principle 5(i) ‘Our Built Environment Supports Well Communities’. The current Term Achievement within the 2008-2009 Management Plan identifies that the ‘City’s recreation facilities and services meet its needs and are optimally used’.

 

This linkage is further emphasised within the draft Strategic Plan 2009+ where Council is proposing that, as part of Penrith being a ‘Liveable’ City;

 

-        Our public spaces encourage safe and healthy communities

-        We have safe and well-maintained parks that encourage healthy activity and

          community well being

-        Our neighbourhood, recreation and leisure facilities and programs meets community

needs.

 

Council’s draft 2009-2010 Operational Plan outlines actions to achieve the Strategic vision and strengthens the alignment to Game Plan 2012 and the State Plan through identified tasks such as:

 

-        Develop an action plan that maximises community interest and encourages participation in sport, recreation and leisure activities that promote a healthy lifestyle.

-        Make it easier and more affordable for people of all ages to be physically active and involved in their communities.

-        Contribute to the development and sustainability of local recreation/sports clubs. 

 

Current Situation

Council currently provides a diverse range of recreation and leisure facilities, and programs

that are delivered through these facilities either directly by Council, sports clubs and

associations, or through partnerships with other agencies. Furthermore, Council seeks to

promote sports and recreation activity through events, in particular, Activate. Activate is a

come and try sport day held at Sydney International Regatta Centre that attracts

approximately 40 sports clubs and associations and approximately 4,000 visitors.

 

Building on the success of Activate, and in consideration of aims and objectives of the State

Plan, Game Plan 2012, the aims of NSW Health, and the Strategic direction of Council,

Council’s Temporary Sports Development/Active Lifestyles Officer has developed a

proposed ‘Active Penrith’ month. The proposed programme of events, activities and services

proposed for ‘Active Penrith’ will; encourage residents to use facilities that are locally

available; promote healthy living and activity; provide training and education; offer

equity of access; and promote the sustainable development of sports organisations, facilities

and partnerships.

 

Active Penrith Month Program

The philosophy behind Active Penrith is that it will become an annual event with many of the activities being established in 2009 with development and growth being planned for 2010 onwards. There are clear aims and objectives set for all projects with an emphasis on creating pathways for development, links and opportunities. Paramount to Active Penrith is that all activity is viable and sustainable. Hence, the projects in October will not just be one off events. This will be achieved through a multi agency approach which will utilise partner’s specific expertise and services.

 

There are currently twenty headline events (several have a number of sub-events) that are planned for the ‘Active Penrith’ month which is scheduled to take place throughout October 2009. Some of these events are existing events in the Council calendar and others are new or ‘one off’ events. Many of the events will be organised by external agencies and Council’s role will be through support and promotion of these events under the banner of ‘Active Penrith’. Other events will be organised by Council. The programs will provide provision and opportunities for people of all ages, abilities, and social economic backgrounds increasing awareness, participation and membership.

 

The projects to be coordinated have been established through identifying where there is a clear need and demand. This process has been conducted through consultation and partnership working with the community and external partners. The projects vary from Council run facilities, school club link programs, individual sport club and sports association delivery to charity events, disability provision and international competitions to name a few.  The 1st Penrith City Youth Games will kick start the month of activity which will include:

 

·        Penrith Disability and Physical Activity  Sport Forum – (disability sport program)

·        1st Penrith City Youth Games “After School’s Communities Program”  (AASC) –

hockey.

·    Launch of Council’s new Recreation website and blog

·    Ripples Swimming Pool (active month)

·    Walk to Work ( linkage)

·    Penrith Emu’s Rugby Union (holiday camps)

·    Panthers on the Prowl (holiday camps, healthy active lifestyle day)

·    Nepean District Tennis Association – (holiday camps, come and try day)

·    Penrith Swimming Pool (open day)

·    St Clair Leisure Centre (2 open days)

·    Sydney 2009 World Masters Games (linkage)

·    White Water Rafting (come and try day)

·    Cranebrook Skate Park (launch and official opening)

·    Activate 2009

·    Children’s Week (linkage)

·    Nordoff Robbins White Water Charity Event (Linkage)

·    Running Your Club Workshop

·    Sport Club User Forum

·    Panthers BMX St Marys (come and try day)

·    Tennis Court Open Weekend.

·    Healthy Eating Events (x7) delivered by Council’s Healthy People Partnership Officer

 

In more detail:

 

Penrith Disability Sport & Physical Activity Forum - (Disability Sports Programme)

The forum has been organised through Penrith Council in partnership with NSW Sport and Recreation department. All sports clubs, associations and disability services have been invited in the Penrith local government area.

 

The aim of the forum is to raise awareness and establish a need and demand to support the development of local sport and physical activity opportunities for people with a disability in Penrith.

 

There will network opportunities and links between schools, disability services, local community’s, sports clubs, and associations to support the development of local sustainable sporting opportunities for people with a disability.

 

Through the forum potential disability sports programs will be identified, with the aim of launching a sustainable disability sports program in October 2009, that will make the biggest impact and be of maximum benefit to the local community.

 

The Forum will take place on 2nd June between 6.30pm – 8.00pm at the Civic Centre.

 

Launch New Recreation Website

A new Council recreation website will be launched with a healthy lifestyle perspective. The following sections will be available on the website and provide information, including: contacts, club directory, recreation facilities and sportsgrounds, healthy eating guide, reports and policies, grants and funding opportunities, strategies, blog, links to sports associations and health agencies (e.g Heart Foundation, NSW Cancer Council).

 

1st Penrith City Youth Games

In partnership with the ‘After School’s Communities Programme’ (AASC) run by the Australian Sports Commission, and in association with the local hockey associations, the 1st Penrith City Youth Games will be fun hockey competition between the following schools:

 

·          St Mary’s North Public

·          Wallacia Public

·          Blackwell

·          Londonderry

 

In the lead up to the Youth Games there will be a school club link program delivered at each school venue 3.15pm – 4.15pm by club coaches for a period of seven weeks in school term 3 as listed below:

 

The coaches will be supplied by Penrith Districts Hockey Association (PDHA) and Women’s District Women’s Hockey Association (WDWHA). The state body, Hockey New South Wales, will support the initiative through its Development Officer who will aid with the coordination of the Youth Games.

 

The aim is to target 30 children in each school catering for 120 young people in total. There will also be two afternoon tea healthy eating events provided in each school during the programme which will delivered by Penrith City Council’s Healthy People Partnership Officer.

 

A healthy eating stall will be provided at the Youth Games with cooking demonstrations, taste testing, healthy food for purchase and fruit and vegetable characters etc. A sausage sizzle will also be available.

 

Prior to the school club link program there will a community coach training program delivered by the Australian Sports Commission in July 2009. The course will comprise of club coaches, volunteers, teachers and parents etc.

 

Post Penrith City Youth Games there will be sessions delivered by the associations to ensure the school club link takes place, with young people filtering into the club structure.

 

Ripples Swimming Pool

At this stage, it is the intention a range of activities will be provided for all ages with the

emphasis on promoting the centre and increasing membership.

 

The month of activity is yet to be finalised with Ripples staff taking ownership of the

programs to be delivered, identifying where there is a need and demand. An initial meeting

has taken place with provisional activities planned as listed below:

 

·        Active Penrith Weight Loss Program (competition)

·        Block Learn to swim Program

·        Fun Day - inflatable’s, floats, slides and fun games etc

·        Kids Boot camp

·        Swimming squad training

·        Fitness program

·        Aerobics, gym, spinning, aqua aerobics and crèche

 

Walk to Work 2009              

Walk to work day is an initiative held once a year by Pedestrian Council of Australia to promote walking as a means of transport and to raise awareness of the effects that our car usage has on our environment and health.  The walk has to be more than ten minutes long and be either to walk or part of the journey.

 

The distances Penrith City Council staff have covered in the past have ranged from Faulconbridge and Glenbrook in the west to South Penrith and Lemongrove locally.

 

There will be healthy breakfast waiting at Council for the staff walkers and at Penrith Station where Walk to work day will have a presence again. Many commuters walk to catch the train to or from Penrith Station and Walk to work day organisers will be there to hand out refreshments.

 

Penrith Emus Rugby

There will be three coaching clinics delivered by Penrith Emus’ qualified coaches. The

clinics will be free of charge and will be promoted through the schools. The program will

consist of skills stations, drills and tag rugby.

 

The aim will be to increase membership at the club by filtering participants into the club structure from the initial clinics.

                       

T-shirts will be provided for all participants involved with a Penrith City Council and Penrith Emus logo on. This will be funded by both parties and Penrith Emus will administrate the bookings and provide water, a sausage sizzle and their coaches for free.

                  

Sixty participants will be targeted in each session catering for a total of hundred and eighty young people supervised by six coaches. Age groups are 10-12 years, 13-15 years, 16-18 years.

 

Nepean District Tennis Association (NDTA)

There will be two school holiday camps delivered over a two week period targeting 4 – 15

years olds. The camps are annual events that NDTA offer for the community in the October

school holidays.

 

The camps will be part funded through the association but there will be a charge to the participants. Active Penrith will link into the existing provision and promote under the umbrella of Active Penrith.

 

A free come and try session will also be delivered targeting 5 - 12 year olds. This will be achieved through a partnership with Council. The focus of the day will be to increase

membership at NDTA. Participants will be targeted through the schools and NDTA will administrate the bookings.

 

Two hundred and twenty participants will be catered for over two sessions (110 in each session). The two sessions will be split 10am – 12noon and 1.00 – 3.00pm. Fourteen NDTA qualified staff will be on hand to coach and supervise.

 

It is proposed that the cost of this will be divided by Penrith City Council and NDTA. Free water and certificates will be provided for all participants by NDTA.

 

Penrith Swimming Pool Open Day

The Open Day will focus on raising awareness of the swimming pool and promoting

 activities (including clubs operating at the centre)at the facility as well as promoting safe

swimming messages and first aid instruction.

 

At this stage the program of activities will include learn to swim, water polo demonstrations

and water safety education (resuscitation) provided by a qualified instructor. There will be

other activities provided such as entertainment, dancing, yoga, and face painting. Children’s

Services mobile playvan will be in attendance at the pool to provide activities for children.

Radio Station Vega 95.3fm are scheduled to broadcast from the pool on the open day. Other entertainment and activities are currently being planned.

 

A healthy eating stall will be provided throughout the day with cooking demonstrations, taste testing, healthy food for purchase and fruit and vegetable characters etc.

 

To promote the facility it is proposed to Council that there is no entry fee on the day. In 2008, on the same weekend, the income accrued on the Saturday was $1,436.50. Should Council endorse that entry is free it is anticipated that this income will be made up through increased attendance throughout the year due to increasing the profile of the site.

 

Sydney 2009 World Masters Games (linkage)

An initiative of the New South Wales Government, Sydney will host the seventh World

Masters Games from 10-18 October 2009. The World Masters Games have been held every

four years since they began in Toronto, Canada in 1985. Australians have a strong Masters

sport presence and the 2009 event will be the third time that the World Masters Games have

been staged in Australia after Brisbane (1994) and Melbourne (2002).

 

Open to people of all abilities and most ages, the World Masters Games are the world's largest multi-sport event, attracting up to three times more competitors than the Olympic Games. To compete at the Sydney 2009 World Masters Games people need only satisfy their sport's minimum age criterion, which is as low as 25 for diving and swimming.

 

Sydney 2009 World Masters Games organisers expect 25,000 people from upwards of 100 countries will compete across 28 sports at 72 venues throughout the city, showcasing Sydney Olympic Park which will be the home of the Games and well known Olympic sites in Bankstown, Blacktown, Liverpool and Penrith.

 

A volunteer workforce of approximately 6,000 people will assist the Organising Committee in delivering of the Sydney 2009 World Masters Games, the next big event on the city's calendar and whose motto is fit, fun and forever young.

 

Active Penrith will promote the games through its publicity and marketing drive

 

St Clair Centre Leisure Centre Open Days

It is proposed that there will be two open days delivered at the centre, with admission being

free on both days.

 

The program plan has been established through consultation with St Clair Neighbourhood Centre, St Clair Shops, St Clair Leisure Centre, and local groups, to identity gaps in provision and demand.

                                   

The first day will consist of team sports and the second day mainly racquet sports. A variety of coaching clinics will be delivered at the centre by local clubs, associations and the St Clair staff.

 

The coaching clinics will be 90 minute durations consisting of demonstrations, drills, skills development, fun games etc.

 

External partners who have to date confirmed their involvement in delivering on the first day are listed below:

 

·    Western Force Indoor Soccer

·    Penrith Nepean United

·    St Clair Wolves Basketball

·    Penrith District Basketball Association

·    Penrith District Netball Association

·    Sydney Swifts Netball

·    Netball NSW

·    JA Gymnastics and Sports

·    Fanci Footwork

·    St Clair School of Ballet

·    Nepean District Tennis Association

·    Penrith Valley Regional Sports Centre

 

A healthy eating stall will be provided throughout the day with cooking demonstrations, taste testing, healthy food for purchase and fruit and vegetable characters etc. A sausage sizzle will also be available.

 

The aim is to increase awareness, opportunity, participation and membership at the centre, but also to provide pathways for sports people to filter into clubs and associations.

 

The event has been scheduled on 13th and 14th October between 10am – 4pm. Daytime use of

the centre is limited and in normal operating mode admission income of $300 could be

expected in total from the two days. Should Council endorse that entry is free it is anticipated that this income will be made up through increased attendance throughout the year due to increasing the profile of the site.

 

Panthers on the Prowl

Panthers on the Prowl will be running two camps in the October holidays. Active Penrith will

link into these camps and publicise and promote the activities.

 

In addition a Healthy Active Lifestyle Day will be coordinated led by Panthers’ instructors,

supported by Penrith Council staff. The project will be free and offered to those who will

benefit most, with individuals from deprived and dysfunctional backgrounds being offered

the invitation to participate. The invitations will be proposed by external agencies.

 

Panthers will deliver a session in the player’s gym in addition to fitness testing and fun games on the Panthers training pitch. There will be an educational workshop in the class room on healthy active lifestyle and added to this there will be healthy eating cooking lessons, demos and food tasting delivered from the CUA kitchen by Penrith City Council staff

 

Panthers will deliver there side of the project for free including free usage of their facilities. Certificates will be provided for all participants by Panthers.

 

It is the intention for Council to provide transportation for the young people to get to the

stadium if it is required.

                       

White Water Rafting (Come & Try Day)

A free introduction to Canoeing (Flat Water) will be delivered during the course of a day at

the Penrith White-water Stadium by qualified staff.

                       

The program will consist of three sessions, of one hour thirty minutes duration, catering for three groups. In each session there will be a maximum of thirty young people.

 

Three clubs will be involved in the day to provide club links to ensure development opportunities and sustainability:

 

·        Windsor Canoe Club

·        Penrith Valley Club

·        River Cove Club

 

The young people will be targeted through the local schools and youth services. The Penrith White-water Stadium will deliver service and resources free for the participants and administrate the bookings.

 

Cranebrook Skate Park Launch

The construction of the skate park in Cranebrook is expected to be completed in June 2009.

 

The local community has been involved in the design of the skate park from the onset through community consultation. This close dialogue has continued with a series of consultations planned up until the launch of the skate park.

 

The ethos behind these consultation days is that the local community is provided with opportunity to organize its own launch providing ownership and identity.  Young people from Cranebrook and the wider communities are currently involved including, Cranebrook High School, Barnados and Xavier College.

 

The Skater HQ Team has been hired for the day and are a professional skate demonstration team. The team consists of representatives from scooter riding, skateboarding and in-line skating. It is hoped that there will be appearances from Cody Donavon and Rory Coe who are professional scooter riders from Western Sydney. Demonstrations and fun activities will be delivered plus competitions for the local community.

 

A healthy eating stall will be provided throughout the day with cooking demonstrations, taste testing, healthy food for purchase and fruit and vegetable characters etc. A sausage sizzle will also be available.

 

Activate 2009

‘Activate’ is a free, family day packed with come and try sporting and recreational activities, demonstrations, stage performances, prizes and giveaways.

 

The day is designed to promote the importance of leading an active lifestyle encouraging ‘more people, to be more active, more often’ with attendees able to take part in over 40 organised activities, including sports and recreation pursuits for people with disabilities.

 

Children’s Week (linkage)

Children’s Week is an annual event celebrated in the fourth week of October.  A permanent theme of “A caring World Shares” was established in 1996.  This theme reflects the ongoing aims of Children’s Week.  In Australia, Children’s Week is centred on Universal Children’s Day which is the fourth Wednesday in October.

 

Nordoff Robins White Water Charity Event   

The 2nd annual white-water fundraiser will be held this year on Friday 23rd October 2009,

once again at the  Penrith White-water Stadium.

 

The event will bring together local Penrith business to compete in a rafting competition to raise money.

 

Last year nine teams took up the challenge including Council, raising close to $20,000 for local outreach programs. This year Nordoff Robins are looking to increase that amazing result and the event will be promoted through Active Penrith Month.

 

Panthers BMX Club, St Marys (come and try day)

Penrith Panthers BMX Club in St Marys will be providing a come and try day on 30th October where they will open the course to participants as well as provide demonstrations.

 

Tennis Court Open Weekend

Tennis participation numbers are reducing. To assist the sport grow and, to promote Council tennis complexes, it is proposed that Council operated tennis facilities are made available free of charge between Monday 26th October and Friday 30th October – Friday (9am – 3pm) and also on Saturday 31st October (9am – 9pm). The courts where free tennis will be available are:

 

-        Mulgoa

-        Mount Vernon

-        Arthur Neave, Werrington

-        Cook Parade, St Clair

-        Londonderry

 

The community will need to make bookings for these days through the current arrangements for each facility.

 

Running Your Club Workshop and Sport Club Forum

To assist clubs to prepare business plans, sports development plans, facility and operation a Running Your Club Workshop has been planned in conjunction with NSW Department of Sport and Recreation. Funding to provide this workshop has been secured from the Department for the value of $1,700 should Council approve it. There is no requirement of this grant to match fund the Department’s contribution.

 

A sport club forum is also currently being developed to which all sports clubs and associations from the LGA will be invited. The forum will focus on sport and recreation related topics including grant funding, club management, risk management and the like, as well as providing an overview of Council’s roles and responsibilities in relation to sport and recreation.

 

 

Active Penrith Month Budget

At this stage, it is anticipated that provision of the Active Penrith Month will cost $43,900  to deliver the programs, market and provide transport (where required), certificates, and gifts. Sponsorship has not been sought in the first year as this year’s event is about establishing a marketable product for future years for which sponsorship and contributions can be sought. This will also provide a base from which to source a range of grants.

 

It is proposed that the operational budgets at St Clair Leisure Centre and Penrith Swim Centre will be utilised to facilitate events at those centres as well as contribute to the overall marketing of the Active Penrith month. Activate already has a budget allocation of $6,000 for the implementation of that event and Children’s Services have an existing allocation of $7,000 for Children’s Week.

 

In 2008 NSW Cancer Council offered their partnership councils funding for new or existing events. These funds were to promote or demonstrate the benefits of healthy eating and nutrition to residents. As a result of a successful grant application to them by Council’s Healthy People Partnership Officer, the Cancer Council will provide $2,100 for the healthy eating activities at events during Active Penrith month, should Council resolve to accept the grant. This grant requires match funding which has been identified from within Council’s existing operational budgets. This money has come from existing Environmental Health Department promotions and marketing budget.  Therefore the total amount for the healthy eating events in October will be $4,200

 

Therefore the budget breakdown is:

 

Event Expenditure                                                       $43,900

 

Event Income               

 

Penrith Pool Marketing Existing Budget                          $10,000

St Clair Leisure Centre Existing Marketing Budget $10,000

Activate (existing)                                                 $6,000

NSW Cancer Council Grant                                           $2,100

Environmental Health Promotions Budget              $2,100

Department of Sport and Recreation Grant            $1,700

 

 

Shortfall                                                                       $12,000                                  

 

It is proposed that $12,000 be allocated from the Recreation Reserve for the

purpose of providing ‘seed’ funding in 2009 with the aim to obtain sponsorship, grants and

other income in 2010 onwards.

 

Acting Financial Services Manager Comment

Active Penrith month is a significant event planned for the first year of Council’s new Strategic Plan and begins to address outcomes outlined in the plan.  The Cancer Council has provided a grant of $2,100 for the proposed event and the required matching funds can be provided within the existing Environmental Health budget.  The grant of $1,700 from the NSW Department of Sport and Recreation does not require match funding.  The overall proposed program is estimated to cost $43,900 and a combination of grant funding and existing Council programs and budgets, as outlined in this report, leaves a funding shortfall of $12,000.  The Recreation Reserve has the capacity to fund this shortfall and consideration should be given to allocating $12,000 from the reserve to deliver the proposed program.

 

Conclusion

The development of the Active Penrith month will deliver an integrated program of activities

that will:

 

-        Make it easier and affordable for people of all ages to be physically active and involved in their communities.

-        Increase community awareness of how to participate in sport and the benefits of participation.

-        Increase the availability of family sport activities and community events

-        To raise awareness on the health benefits of healthy eating in conjunction with active lifestyle

 

The program will also deliver outcomes consistent with Council’s Strategic and Operational

Plans, the State Plan, Game Plan 2012, as well as those of NSW Cancer Council, NSW

Department of Sport and Recreation, and NSW Health.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Healthy Eating at Active Penrith Events  be received.

2.     Council endorse the implementation of Active Penrith Month.

3.     Entry to Council owned facilities, Penrith Pool, St Clair Leisure Centre, and the tennis courts be free on the dates specified for the purpose of open days.

4.     Council accept the grants provided by NSW Cancer Council and NSW Department of Sport and Recreation and authorise Council Officers to enter into funding agreements for these grants.

5.     Council approve $12,000 be allocated from the Recreation Reserve for the purpose of seed funding the 2009 Event.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

6

Penrith Schools' Boatshed Management Committee   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Facilitate joint use of the City’s recreation and leisure facilities, including co-location of programs.

      

Purpose:

To advise Council of the new Committee at the Penrith Schools' Boatshed and to seek Council's approval of that new Committee.  The report recommends that Council, under Section 377 of the Local Government Act, delegate the management of the Penrith Schools Boatshed to the Committee formed under Section 355 of the Local Government Act 1993 and comprising: Ian McRae, Stephen Taite, Ray Green OAM, Greg Corner and Jeff Seers.

 

Background

A meeting on 29 October 1993, with the guidance of Penrith City Council’s Recreation and Cultural Services Manager, decided to establish a management committee of Council for the care, control and management of Council’s schools boatshed adjacent to Nepean Rowing Club. On 13 December 1993 Council approved eight persons to comprise the management committee of the facility. These persons were representatives from Nepean Rowing Club, some high schools and Penrith Kayak Club. Management was delegated under Section 377 of the Local Government Act 1993.

 

There is a Constitution in which the Boatshed Management Committee’s objectives are defined as:

 

a)       to manage and supervise the use of the Penrith Schools Boatshed

b)      to maintain care of the building

c)       to provide improvements to the boatshed

d)      to recommend to Council works that might be beyond the resources of the Committee

e)       to establish and manage a scale of rental charges applicable to users of the boatshed and to apply the moneys raised to maintenance and improvements of the facility

f)       to report to Penrith City Council each year on the progress of its activities.

 

Current Situation

Over time there have been numerous changes of Committee personnel and groups represented. These changes have been the subject of previous reports to Council.

As per its Constitution, the Management Committee shall have a President, Vice President, Secretary, Treasurer and Boatshed Captain as well as general committee members. There is also provision within the Constitution that the Committee should be comprised of not less than four members and not more than 10 members, with representatives from local high schools, Nepean Rowing Club, and any other permanent tenant organisation.

 

Unfortunately, the Committee has lost a number of office bearers since its last AGM in 2006 (annual financial reports have been received by Council) through death, illness, retirement, or other commitments. Therefore, to reinvigorate the Committee and because an AGM had not been held in 2007 and 2008, Council Officers determined that, after consultation with the stakeholders, an AGM be called in April 2009. Notice of this AGM was subsequently circulated.  The Constitution determines that an AGM be held once each year following the end of the financial year and historically, the financial reporting year, has been April to March for this Committee.

 

As a result of the AGM, held on 29 April 2009, the attendees nominated five persons which are recommended to Council for appointment to the Committee, these being;

 

-        Ian McRae – President (Penrith Rowing Club)

-        Ray Green OAM – Vice President (McCarthy High School)

-        Stephen Taite – Treasurer and Pro Tem Secretary (Penrith Rowing Club)

-        Greg Corner – Boatshed Captain (Penrith Kayak Club)

-        Jeff Seers – General Committee (Blaxland High School)

 

Currently, Nepean Rowing Club and the NSW Institute of Sport (permanent tenant organisation) are not represented on the Committee. Should the nominated persons be endorsed as the Committee there is an undertaking, under Clause 5c of the Constitution, that they will strive to fill any vacancies or increase the size of the Committee and seek to attract representatives from Nepean Rowing Club and NSW Institute of Sport. Should additional members of the Committee be nominated these will be subject to Council approval.

 

Conclusion

Despite there being no AGM since 2006, the Penrith Schools Boatshed has continued to operate with annual financial reports being presented to Council Officers. The nominated representatives at the AGM in 2009 have committed to seeking to fill committee positions with representatives of the other Boatshed stakeholders, and will also be holding bi-monthly meetings. The Recreation Department will provide an Officer at these meetings should attendance be appropriate.

 

With Office bearers now nominated, and a formal meeting schedule in place, it is anticipated that the Penrith Schools’ Boatshed will continue to operate in a manner which best promotes the sport of rowing in the Penrith LGA.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Schools' Boatshed Management Committee be received.

2.     Council under Section 355 of the Local Government Act approve the following persons to comprise the Management Committee for the Penrith Schools’ Boatshed:

                             -        Ian McRae – President (Penrith Rowing Club)

                             -        Ray Green OAM – Vice President (McCarthy High School)

                             -        Stephen Taite – Treasurer and Pro Tem Secretary (Penrith Rowing                                Club)

                             -        Greg Corner – Boatshed Captain (Penrith Kayak Club)

                             -        Jeff Seers – General Committee (Blaxland High School).

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

7

Aquatic and Recreation Institute Conference, and the Parks and Leisure Association Annual National Conference   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

     

Purpose:

To advise Council of the Aquatic and Recreation Institute Conference being conducted on 1 - 3 June 2009, and the Parks and Leisure Association Annual National Conference being conducted 13 - 16 September 2009, and to seek an indication from Councillors interested in attending.  The report recommends that Council consider attendance by interested Councillors at these Conferences.

 

Background

The Aquatic and Recreation Institute (ARI) Conference is being held from 1-3 June 2009 at Opal Cove Resort, Coffs Harbour. This is the 45th ARI Annual Conference and will incorporate keynote speakers, round table discussion and a trade show focussing on the operations and management of aquatic and recreation facilities.

 

The 11th Parks and Leisure Association (PLA) Annual National Conference is being held between 13– 16 September 2009 at Holiday Inn Esplanade, Darwin. Themed ‘Making Connections in the Top End’ the conference, which is the premier industry conference, will focus on the results of sharing ideas, working together, and learning about successful projects collated from peoples' ideas and work. It will be a chance to see how Darwin and the Northern Territory include all their cultures and develop and maintain their parks, spaces and environment.

 

ARI Conference Program

The keynote speakers include, among others:

 

-        Elaine Farmer OAM, General Manager of Surf Lifesaving (South Australia)

-        Simon Weatherill, CEO State Sports Centres Trust

-        Greg McLennan, Principal Policy Officer Department of Sport and Recreation WA

 

Some of the topics of the sessions include:

 

-        How sports facilities can be used to service decades of community use

-        Climate change and its affect on sport and recreation now and in the future

-        101 ways of improving the performance of your centre

-        Marketing your swim school and coaching programs effectively

-        How to live and work with people who are not like you

-        Personal leadership in rapidly changing times

-        Coroners findings and implications for future school swimming programs

-        Business excellence

-        Risk management

 

A copy of the conference program has been distributed to all Councillors.

 

PLA Annual National Conference

At this stage the keynote speakers have not been announced for the conference. In previous years the speakers have represented major national and international institutions from within, and external to, the parks and leisure industry. The conference is attended by industry professionals from a diverse range of sectors including public, commercial and voluntary.

 

Some of the themes of the topics that will be the focus of workshops, panel sessions, presentations, technical tours to parks, recreation and municipal facilities in Darwin are:

 

-        A changing climate

-        Diverse communities

-        Changing community expectation

-        Facilities provision

-        Parks and leisure planning and development

-        Forming partnerships with other organisations in and aligned to the industry

 

The diverse and interactive program will be designed to stimulate thinking, showcase best practice, provide ideas and suggest solutions to ensure parks and leisure continue to be responsive to the community and the industry.

 

Conclusion

Both conferences address many of the issues confronting recreation facility and parks and leisure provision in Penrith. It is anticipated that attendance at the conferences will:

 

-        Provide insight into innovative research or practice relating to conference themes and

          topics

-        Provide a forum at which delegates can discuss and seek answers to related problems

and issues, or challenge convention

-        Provide lessons which conference delegates can put into practice

-        Illustrate current issues that affect others

-        Provide the opportunity to exchange practice and research learnings

-        Demonstrate to delegates examples of how to break new ground on an old issue

-        Inspire delegates through the presentation of creative and exciting projects, programs

          and ideas

 

It is therefore suggested that Council nominates interested and available Councillors to attend the Aquatic and Recreation Institute Conference and, the Parks and Leisure Association Annual National Conference.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Aquatic and Recreation Institute Conference, and the Parks and Leisure Association Annual National Conference be received.

2.     Council consider attendance by Councillors at these conferences.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

8

St Marys Tennis Centre   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

     

Purpose:

To advise Council of the need to repair and replace existing floodlights at St Marys Tennis Centre.  The report recommends that Council commit $64,766 from the Recreation Reserve for the repair and replacement of floodlights at St Marys Tennis Centre, including the associated repair and maintenance of the court and fence.

 

Background

St Marys Tennis Club Inc. currently operates the license for the tennis facility at Creek Road, St Marys. Under the terms of the license agreement certain repair and maintenance at the facility is determined as being Council’s responsibility. The repair and replacement of floodlights is within the category of Council’s responsibility.

 

Current

At a recent site inspection Council’s Recreation Manager, in consultation with St Marys Tennis Club Inc. identified that the floodlight columns at the facility are presenting a significant health and safety risk due to their condition, particularly the light poles that are showing significant signs of rust and weakness.

 

An independent audit of the floodlight condition has been commissioned and has revealed that the light poles are of three main types and vary in age and condition. The audit identified that seven poles need to be replaced and two will need to have some form of preventative maintenance work carried out. Of the poles needing to be replaced, six of them will need new footings, holding down bolts and associated fittings. Due to the positioning of these poles, rectification will also incur some court repair and fence replacement.

 

Discussion has subsequently taken place with Council’s electrical contractor regarding the floodlight condition. After these discussions a lighting design has been determined which provides the most cost effective solution to remove the safety risk and also provide greater energy efficiency compared to the current configuration of the lights, as well as return the court and fence to the appropriate standard.

 

The proposed lighting solution will cost $64,766.

 

 

 

Acting Financial Services Manager Comment

The Recreation Reserve, formerly the Tennis Court Reserve, has a budgeted closing balance, after allowing for projects committed during the 2009-10 budget process of $201,471 for 30 June 2010. The intention of this reserve among other things is to act as a source of funds when urgent repairs of this nature are required. There are currently no other operational budgets with the capacity to facilitate the necessary repair work.  It is recommended that $64,766 be allocated from Council’s Recreation Reserve to replace and repair the floodlights at St Marys Tennis Courts.

 

Conclusion

The independent audit clearly identified that urgent repair work to the floodlights at St Marys Tennis Courts is required. Rectification has been recommended at the earliest possible opportunity and the proposed lighting solution from Council’s electrical contractors will ensure that the floodlights are replaced, refurbished and provide more energy efficient lighting in the long term. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on St Marys Tennis Centre be received.

2.     Council allocate $64,766 from the Recreation Reserve for the purpose of  replacing and repairing the floodlights at St Marys Tennis Courts, including the associated repair and maintenance of the courts and fence.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

9

Sportsground Management Strategy   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

     

Purpose:

To provide details of a proposed Sportsground Management Strategy that will present a framework for Council to; optimise use of open space categorised with a primary and secondary function of a sportsground, guide asset renewal where appropriate, help address Council's risk management responsibilities, respond to future challenges such as climate change, and facilitate sporting asset and service delivery provision to better meet community needs and expectations.

The report recommends that the information contained in the report on Sportsground Management Strategy be received; Council approve that a Sportsground Management Strategy is developed; @Leisure be appointed as the consultants to complete the Sportsground Management Strategy; $71,310 is allocated from Council's Recreation Reserve for the purpose of completing the Sportsground Management Strategy; the draft Sportsground Management Strategy to be the subject of a report to Council at a future Policy Review meeting.

 

Background

Penrith City Council currently has a large range of open space for use by residents and visitors. The total open space managed by Council is 1,241 hectares currently representing 7.20 hectares/1000 people. The 1,241 hectares is made up of 412 hectares of Parks, 340 hectares of playing fields (including 50 sportsgrounds), 228 hectares of community use and 261 hectares of natural area. The provision of 340 hectares for sporting grounds is currently equivalent of 1.97 hectares /1000 people across the Penrith.

 

Penrith City Council has previously undertaken a ‘Recreation and Cultural Needs Strategy’ which was adopted by Council (2004). This strategy identified the key aspirations and expectations in the area of culture and recreation for the diverse communities of Penrith. A range of community and sporting stakeholders were consulted in the formulation of this document. The key objectives that emerged from this study regarding future sports and recreation provision in the City, and to be addressed in the proposed Sportsground Management Strategy, include:

 

-        Maximise use of existing recreation facilities.

-        Rationalise those recreation facilities that are over supplied /under utilised.

-        Provide new recreation facilities that are under supplied.

-        Encourage community involvement in facility and service provision.

-        Facilitate diverse recreational program development.

-        Provide effective and sustainable management, support and resources.

Current Situation

Since 2004, a number of the objectives and actions outlined in the Recreation and Cultural Strategy have been implemented and the development and adoption of the Open Space Action Plan and the District Open Space Developer Contributions Plan have provided a strategic project framework. However, there are ongoing and anticipated future operational and strategic challenges to be addressed in sportsgrounds and it is proposed that a Sportsground Management Strategy is developed which addresses these challenges, as well as providing Council with a best value solution to the delivery of sportsground related projects and services.

 

The proposed Sportsground Management Strategy is intended as a planned response to providing sportsground facilities that meet community needs in a prioritised way, and to support a sustainable sporting future in Penrith. The purpose of the strategy is to respond to significant changes in participation, policies and standards affecting sport and recreation and sportsground use, and increasing demands on sportsgrounds that provide for sports clubs’ or associations’ training and competition, schools, commercial and casual users.

 

It is intended that the proposed Sportsground Management Strategy outcomes will present a framework for Council to optimise use of open space categorised with a primary and secondary function of sportsground. The strategy will guide asset renewal where appropriate, help address Council’s risk management responsibilities, respond to challenges of climate change and will facilitate sporting asset and service delivery provision to better meet community needs and expectations.

 

More specifically the proposed Sportsground Management Strategy will:

 

a)    Determine usage capacities of existing sportsgrounds and associated facilities in Penrith LGA and identify how, and by who, spare capacity is utilised and, if overused, where the demand can be relocated to.

b)    Identify sporting clubs and community groups that could co-locate at existing, or proposed new facilities, to maximise use of facilities and creates efficiencies.

c)    Identify schools and other sportsground facility providers that are willing to open their facilities for community sports use during their non core hours of operation.

d)    Ensure that the provision of sportsgrounds meets the playing surface standards and associated facilities are relevant to the sport and level of participation (both numbers and standard i.e beginner to international athlete).

e)    Determine an equitable fees and charges structure for Council owned facilities that addresses community, school and commercial use, and are reflective of Council’s level of annual expenditure on facility operation.

f)     Determine clear policy guidelines, standards and frameworks that address:

-     Sportsground closures (for a maintenance period, wet weather, extreme heat etc).

-     Ground allocations and bookings, particularly in relation to pre-season training and competitions.

-     Forecast membership growth rates of sports clubs and associations.

-     Unbooked and inappropriate use of sportsgrounds by sporting organisations.

-     Sporting and recreational group responsibility in relation to facility and grounds management, asset maintenance and development, and funding of projects.

-     A consistent approach to the issuing of leases, licences and occupancy agreements, and the format and inclusions of the lease / licence.

-     Legislative / statutory policies as well as relevant standards and guidelines relating to sportsground and associated facility provision.

-    Council support for grant funding applications being submitted by sports clubs.

-     The development of a user agreement and associated fee policy for school use of Council owned sportsground facilities.

 

g)    Provide a position statement / benchmark relating to Penrith City Council’s compliance with current legislative / statutory policies as well as relevant standards and guidelines relating to sportsground and associated facility provision.

h)    Rationalise those sports facilities which are over supplied / under utilised and provide an agreed priority list for future project development, as well as asset maintenance and renewal to assist with strategic allocation of budget and grant applications.

i)     Ensure stakeholders have regular opportunities to assist Council to plan, manage and develop sport and recreation facilities and services.

j)     Qualify and quantify the effectiveness of the current operation and management of the

facilities.

 

To achieve these outcomes it has been identified that the following processes need to be undertaken to research and deliver a Sportsground Management Strategy which provides informed and evidence based conclusions.

 

i)     Completion of a detailed asset and operational inventory of all 50 Council sportsgrounds / complexes in Penrith LGA, to include:

-    Identification of existing users on Council controlled sportsgrounds, eg sporting clubs, community groups, schools, commercial operators etc.

-    Identify Club or user group membership levels for the last 3 years and anticipated growth.

-    Benchmarking local sports club participation and projected growth levels against current State and National participation trends in the various sports using sportsgrounds in Penrith LGA.

-    Identify what terms and length of casual, seasonal hire or lease / license arrangement the various sports club(s) i.e. tenants have established with Council.

-    Deliver a breakdown of days / hours over a ‘week’ that the various sporting club(s) or community groups have tenure on particular sportsgrounds that are controlled/ maintained by Council.

-    Establish the size of each sportsground benchmarked against State and National standard for the particular sport that has tenure at the particular venue.

-    Establish standard of amenity including, change rooms, storage, toilets and canteen, umpires facility that is provided at the particular venues in Penrith LGA.

-    Benchmark current amenity at each of Penrith sportsgrounds against the preferred standard by each of the key sporting associations for junior, senior and state league and national training and competitions.

-    Establish levels of floodlighting (lux) if provided at each venue. This is to be benchmarked against current Australian Standards of floodlighting for ‘training purposes’ as well as ‘match play’ for the various ball sport codes.

-    Determine the current level of competition and training undertaken at each of the sportsgrounds in the Penrith LGA eg, junior, senior, regional, State, National, and International.

-     Audit the standard of playing surface provided at each of the venues benchmarked against preferred standard by each of the key State sporting associations for local, State and National level training and competitions.

 

ii)    Councillor, Council Officer, sports club, peak sports organisations /association, community, school and commercial operator (and other stakeholders as nominated) consultation on current and anticipated future sportsground usage, as well as management and facility needs.

iii)    Review of current and future options for fees structures that are reflective of the annual maintenance level expended on the particular Council asset. The forming of a reasonable Council ‘expectation’ for cost recovery will be based on comparison of benchmark criteria to other councils of similar size and taking into account of any special local considerations.

iv)   Benchmarking of best practice, policy, guidelines and standards relating to sportsground management relevant to the Penrith LGA.

The scope of the study, and the outcomes desired are comprehensive and it has been identified that employee resources are not currently available within Council to complete the level of work required to provide a robust strategy within an appropriate time period. To this extent a Sportsground Management Strategy brief has been developed and was circulated to six of the leading consultant companies in Australia specialising in the subject of leisure and recreation provision.

Three consultants have returned submissions to undertake the work and, after evaluation by Officers from within the Parks Department and the Recreation Management Department of Council, it has been determined that @Leisure provided a scope of works which best met the brief and offered the most value for the fee proposal. @Leisure provided the cheapest quote for the work at $71,310, have provided a project timetable outlining an expected completion date of 28th August 2009, and submitted a track record outlining their considerable experience in the area of sportsground management studies. The full proposal has been enclosed separately for the information of Councillors.

Acting Financial Services Manager Comment

The proposed Sportsground Management Strategy will provide a framework for the delivery and management of sporting facilities throughout the City as Penrith prepares for a period of significant growth over the next 20 years.  Council’s Recreation Reserve was established to facilitate the provision and planning of recreation and leisure facilities and this intention is consistent with the outcomes of the Sportsground Management Strategy.  The Recreation Reserve has the capacity to fund these works and it is proposed that $71,310 be allocated from the Recreation Reserve to fund the Sportsground Management Strategy.

 

Conclusion

The proposed Sportsground Management Strategy will provide evidence and analysis that supports recommendations outlining sustainable management and operations to ensure sportsground management best practice is adopted by Penrith City Council into the future.

Through the engagement of an experienced consultant it will ensure that an independent and objective evaluation of all usage patterns and operations on sportsgrounds within the Penrith LGA is provided. The cost to Council will be $71,310 to undertake the study with the value to Council being returned through a strategy that identifies actions that will achieve a more effective and efficient sportsground service delivery.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Sportsground Management Strategy be received.

2.     Council approve the development of a Sportsground Management Strategy.

3.     @Leisure be appointed as the consultants to complete the Sportsground Management Strategy.

4.     $71,310 be allocated from Council’s Recreation Reserve for the purpose of completing the Sportsground Management Strategy.

5.     The Draft Sportsground Management Strategy to be the subject of a report to Council at a future Policy Review meeting.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

10

Tender No 06-08/09 Provision of Security Services  

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:             Yvonne Perkins, Public Domain Amenity and Safety 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  advise on the outcome of Tender 06-08/09 for the Provision of Security Services for a period of 1 year with an option to extend the agreement for a further 2 x 1 year periods (with provision for rise & fall) subject to satisfactory performance.  The report recommends that Council accept the tender from Nepean Regional Security Services Pty Ltd.

 

Background

The existing supply agreement for the provision of security services expired in October 2008. Since that time Council has remained with the current provider on a month by month basis until a new tender could be finalised.

 

The current security supply contract does not include the monitoring of alarms.  This is currently provided by a centralised independent monitoring centre, Bens Wholesale Monitoring.  The scope of the new security service provides for both security services and monitoring of alarms as detailed later in this report.

 

Current situation

A new tender for the provision of security services for a one- (1) year period with an option to extend for further 2 x 1-year periods, with provision for rise & fall, was advertised in the Penrith Press, Sydney Morning Herald and placed on the e-tendering web site on the 16th December 2008 and closed on Thursday, 22nd January 2009.

 

The scope of requirements included the provision of the following security services:

 

·    Static Guard within the Civic Centre at 601 High Street, Penrith

·    Response to alarm activations

·    Locking of Council properties

·    Unlocking of nominated Council properties

·    Monitoring of alarms at nominated locations

·    General additional security services as required

 

All prospective tenderers were required to attend a pre-tender briefing on 6th January 2009. Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Mal Ackerman (Supply Co-ordinator); Robert Lewis (Acting Supply Officer); Allison Kyriakakis (Community Safety Coordinator); and Yvonne Perkins (Public Domain Amenity & Safety Manager).

 

Tender Evaluation Process

The process of evaluating all valid responses included the following;

·    Compliance with the conditions of tendering

·    Capability assessment based on the tender evaluation criteria

·    Value for money-overall cost to provide the services

·    Interviews with short listed tenderers

·    Risk assessment including referee checks and financial assessment

·    Site visits where deemed necessary

 

Following the initial assessment process it was proposed that a short list of tenderers be determined and further interviews be conducted to determine the tenderers’ capability to perform all of the services.

 

Tender Evaluation Criteria

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

 

Specified Security Services

·    General Service Requirements

·    Alarm Monitoring        

·    Demonstrated Ability   

·    Personnel 

Pricing

·    Unit Rates & Prices

·    Additional Charges

·    Early Payment Incentives

Business Profile

·    Financial Viability

·    Business Record

·    Industrial Relations

Management & Administration

·    Reporting Capabilities

·    Occupational Health & Safety Management

·    Quality Assurance Management

·    Environmental Management

 

Summary of tenders received

A total of fifteen (15) tenders were received in response to the advertisement for the Provision of Security Services and were assessed for conformance against the tender documentation requirements. Of these a lodgement from AAA Cleaning & Security Maintenance Pty Ltd contained no specific pricing information and had only a listing of award rates within a copy of their “Collective Agreement 2007”. This tender was considered to be non-conforming and therefore culled from the evaluation process.

 

The submissions from EGROUP Pty Ltd, MSS Security Pty Ltd and RK Global Enterprises Pty Ltd did not provide prices for “response to alarm activations” and “monitoring of alarms”  and were therefore excluded from further assessment.

 

The remaining eleven (11) companies, listed below, submitted conforming tenders and were included in the final assessment against the evaluation criteria, based on their written submissions.

 

ATMAAC International Pty Ltd

 

JBL Protective Services Pty Ltd

Bezcorp Holdings Pty Ltd

Nepean Regional Pty Ltd

Business Risks International Pty Limited

Tricorp Services Pty Ltd

Firearms Advanced Shooting Techniques

Unified Security Group (Aust) Pty Ltd

H & H Security Pty Ltd

Wilson Parking Australia Pty Ltd

ISS Security Pty Limited

 

 

Tendered prices

Prices were requested for each of the services specified in the tender documents. The table below indicates the total estimated annualised cost (lowest to highest) to perform the following services.

 

·    Static guard services-Civic Centre

·    Response to alarm activations

·    Locking of Council properties

·    Unlocking of nominated Council properties

·    Monitoring of alarms at nominated locations

 

Tenderer

Total annualised cost all services

$

Unified Security Group (Aust) Pty Ltd

351,176

Firearms Advanced Shooting Techniques

370,003

Tricorp Services Pty Ltd

377,920

Nepean Regional Pty Ltd

391,811

Bezcorp Holdings Pty Ltd

406,041

Business Risks International Pty Limited

411,976

ISS Security Pty Limited

415,064

H & H Security Pty Ltd

429,181

JBL Protective Services Pty Ltd

455,059

Wilson Parking Australia Pty Ltd

478,275

ATMAAC International Pty Ltd

543,425

 

Short Listed Companies

Based on a “value for money” assessment the following companies shown below were short listed for further review through face to face interviews.

 

·    Unified Security Group (Aust) Pty Ltd

·    Firearms Advanced Shooting Techniques

·    Tricorp Services Pty Ltd

·    Nepean Regional Security Pty Ltd

·    Business Risks International Pty Limited

·    JBL Protective Services Pty Ltd

 

The tender from Bezcorp Holding Pty Ltd placed them in the top six ranked companies by price, however they did not fully demonstrate through their response that they were able to satisfy the evaluation criteria and hence were not included in the shortlist of companies for further evaluation.

 

JBL Protective Services Pty Ltd, although not cost competitive, were included in the short listed companies for interview purposes on the basis of the Company being the incumbent provider of the service and to determine if there was any other “value added” items not apparent in their tender.

 

Although the following tender submissions indicated that the companies demonstrated their capability of providing the range of security services required by the tender, it was determined by the Evaluation Committee that there was no advantage to Council in further considering the higher priced tenders received from ISS Security Pty Limited, H & H Security Pty Ltd, Wilson Parking Australia Pty Ltd and ATMAAC International Pty Ltd.

 

Interviews

Each of the short listed tenderers were requested to attend an interview to review the following aspects of their tender.

·    Core activities and experience

·    How Council’s image will be safeguarded

·    Previous experience in similar work

·    Method of handling customer complaints

·    Capacity to provide trained staff at short notice

·    Procedures for monitoring alarms, responding to alarm activations, securing buildings and facilities, provision of a static guard & random patrols.

 

Comments

Unified Security Group (Aust) Pty Ltd

Unified Security Group (Aust) Pty Ltd demonstrated their capability in meeting all of the specified requirements and has extensive experience in performing all of the specified services and satisfactorily addressed all of the subject matters raised in the interview.

 

They are based in Ashfield, NSW and currently provide security services to Burwood and Leichhardt Councils. They were incorporated in November 2001 and were formed to acquire the assets and operations of a business founded in 1997. The Company specialises in the development of security solutions for a number of industries and as a provider of fully qualified security professionals. It currently services the security guarding, patrol, consultancy and infrastructure markets.

 

Firearms Advanced Shooting Techniques

Firearms Advanced Shooting Techniques submitted a very competitive tender, however they did not demonstrate extensive experience in the performance of static guard services. The business has only been operational for approximately 12 months with a limited business record. Most of the services performed to date have been on a sub contract basis to other larger security providers. Due to the lack of demonstrated experience it was determined by the Evaluation Committee not to further consider their Tender.

 

Tricorp Services Pty Ltd

Tricorp Services Pty Ltd demonstrated their capability in meeting all of the specified requirements and has extensive experience in performing all of the specified services and satisfactorily addressed all of the subject matters raised in the interview.

 

The Company is based in Harris Park, Sydney and commenced operations in 1992. Since that time, the company has developed as a provider of guarding, patrolling, alarm monitoring and alarm response services. The Company hold a major contract with Sydney Water and are also currently providing similar services to Parramatta City Council.

 

Their main area of activity continues to be in the provision of security guards with the majority of its revenue being generated from this service. It set up its wholly owned alarm monitoring facility at Harris Park in 1993 and to complement its manpower and alarm monitoring businesses, they purchased an alarm installation and maintenance company (Circuit Security P/L) in 2006.

 

Nepean Regional Security Pty Ltd

Nepean Regional Security Pty Ltd demonstrated their capability in meeting all of the specified requirements and has extensive experience in performing all of the specified services and satisfactorily addressed all of the subject matters raised in the interview.

 

The Company are a privately owned Company based locally in Penrith Business Park and have been operating since January 1998.

 

As a security services Company it currently provides static guards, mobile patrol

officers, back to base alarm monitoring, alarm responses, alarm installations,

alarm repairs & maintenance, crowd control, event security, cash in transit and armed guards.

 

Nepean Regional Security Pty Ltd was awarded the contract for NSW Department of Sport and Recreation security services in December 2007 through an open tender process. This contract covers the former Olympic sites such as The Sydney International Regatta Centre, The Sydney International Equestrian Centre, and the Sydney International Shooting Centre.

 

The Company have nominated Bens Wholesale Monitoring (Council’s current provider) to provide alarm monitoring services. This Company was also recently awarded a contract to provide similar security services to Hawkesbury City Council.

 

Business Risks International Pty Limited

Business Risks International Pty Limited demonstrated their capability in meeting all of the specified requirements and has extensive experience in performing all of the specified services and satisfactorily addressed all of the subject matters raised in the interview.

 

The Company are based in the Eastern Suburbs and have been in operation since May 1989 when it commenced as a new venture.

 

It is described as a professional corporate risk management and security services Company, based in Sydney with additional offices in Melbourne and Queensland. The Company provide services to the corporate sector, both nationally and internationally, through company and associate offices in the United States, New Zealand, Indonesia, Japan and Vietnam.

 

The Company consults to clients in the Government, retail, food, petro-chemical and commercial arenas. They are currently providing similar services on a contract agreement to Willoughby Council, City of Sydney Council and the University of Western Sydney.

The Company have nominated ELK Security for alarm monitoring services.

 

JBL Protective Services Pty Ltd

JBL Protective Services Pty Ltd demonstrated their capability in meeting all of the specified requirements and has extensive experience in performing all of the specified services and satisfactorily addressed all of the subject matters raised in the interview. However, apart from the fact that they are the current provider of the services and have performed extremely well there was no apparent advantage or value added components of their higher priced tender that would warrant further consideration.

 

Further Investigations

Following the interview process the Evaluation Committee selected the following four (4) companies to be included in the next stage of the evaluation. This included an independent Financial Risk Assessment and referee checks conducted by Corporate Scorecard Pty Ltd (Authorised State Government Contractor).

 

·    Unified Security Group (Aust) Pty Ltd

·    Tricorp Services Pty Ltd

·    Nepean Regional Security Pty Ltd

·    Business Risks International Pty Limited

 

The results of the Financial Risk Analysis and Referee Checks are included in a separate report in tonight’s business paper for the Committee of the Whole.

Site Inspections

Following the evaluation of tenders, interviews with the short listed tenderers, Financial Risk Analysis and Referee Checks, the Evaluation Committee determined that Nepean Regional Security Pty Ltd and Business Risks International Pty Ltd were the top two preferred submissions.  

 

Given that monitoring of alarms is a key role to be provided by the successful tenderer, it was determined that site inspections of the monitoring control rooms used by both Nepean Regional Security Pty Ltd and Business Risks International Pty Ltd would be carried out.   

 

Nepean Regional Security Pty Ltd nominated Bens Wholesale Monitoring, located at Auburn, for alarm monitoring.  The Company are Council’s current provider of alarm monitoring services.

 

Business Risks International Pty Ltd nominated Central Monitoring in association with ELK Security Services located at Double Bay to provide alarm monitoring services.

 

Site inspections were carried out at both monitoring facilities on 7th April 2009, and were attended by David Burns, Director Special Operations; Yvonne Perkins, Public Domain Amenity and Safety Manager; Allison Kyriakakis, Community Safety Coordinator; and Alison Pearson, Systems and Administration Support Officer.

 

Upon inspection of both sites, it was determined that both companies could provide the required level of monitoring to Council requirements.

 

Conclusion

 

As Bens Wholesale Monitoring is Council’s current provider for alarm monitoring, there is also a cost benefit to the Council in Nepean Regional Security Pty Ltd utilising Bens Wholesale Monitoring  service for a new contract as there would be no additional changeover costs for diverting existing alarms to another monitoring service. The estimated cost to divert existing alarms to a new monitoring service would range from approximately $10,000 to $12,000.

 

Following the completion of all stages of the evaluation process, the Evaluation Committee determined that the best value for money tender was submitted by Nepean Regional Security Pty Ltd as the Company clearly demonstrated the required experience and ability to deliver the range of security services as required in the tender documents.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender No 06-08/09 Provision of Security Services be received.

2.     Nepean Regional Security Pty Ltd be awarded the contract for the Provision of Security Services for a period of 1 year with an option to extend the agreement for a further 2x1 year periods (with provision for rise & fall) subject to satisfactory performance.

3.     The common seal of the Council be affixed to any necessary documentation.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

11

Development Application DA08/1275 Torrens Title Subdivision of two lots into five lots at Lot 100 DP591759 and Lot 98 DP 238269 (No 27 & 45) Greenhaven Drive Emu Plains   Applicant:  Kevin Smith, Werrington Unit Trust;  Owner:  Tresaire Pty Ltd    

DA08/1275

Compiled by:                Gordon Williams, Environmental Planner

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:  Formulate and implement social and cultural strategies for redeveloping established areas that support cohesive communities.

     

Purpose:

To report to Council the proposed subdivision of two existing lots each containing a dwelling into five torrens titled lots. The application has been referred to Council as a result of the public interest shown in the application. The report recommends that the application be refused.

 

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

Background

Council is in receipt of a development application for the subdivision of two existing lots containing a dwelling on each into five Torrens title lots. The site is identified as bush fire prone and the application was referred to the Rural Fire Service (RFS). The initial assessment of the application revealed the application was incomplete as it did not adequately address the following:

 

·    A bush fire report was not provided in accordance with requirements of “Planning for Bushfire Protection 2006”

·    Different versions of a plan of proposed subdivision with conflicting lot sizes were submitted

·    The statement of Environmental Effects did not address the correct zoning description under the relevant Local Environmental Plan.

 

The applicant was requested to supply additional information addressing the above matters. Following the submission of the additional information it was necessary to re-notify the application. The additional information was also referred to the RFS who have advised that the application as amended had not adequately addressed their requirements and this matter remains outstanding to date. The application has been the subject of a considerable number of public submissions.

Site and Surrounds

The subject site contains two lots situated on the western side of Greenhaven Drive and located in the foothills of the Blue Mountains Escarpment. Greenhaven Drive is the western most street in Emu Heights and runs in a north south direction along the escarpment (see Locality Plan Appendix 1). The land is relatively steep climbing from Greenhaven Drive in the east and up the escarpment to the west. The change in level from the south east corner at the Greenhaven Drive frontage (approx. 37m AHD) to the north west portion of the site clear of the transmission easement (approx. 61m AHD) is some 24m.

 

 The larger of the existing two lots is “L” shaped with a street frontage of 18.365 metres and runs north for a distance of 311.79 metres to the rear of the residential properties that front Greenhaven Drive. A power line transmission easement 60.95 metres wide runs for the length of the lot. The two existing lots have areas of 1397 m² (Lot 98) and 2.299 hectares (Lot 100), giving a total area of 2.439 hectares.

 

The area is characterised by low density residential development with single residential dwellings constructed on each of the two existing lots. The dwelling on Lot 100 is surrounded by landscaping. The area under the transmission lines on this lot has been cleared and the remainder outside of the easement is vegetated in a semi natural state. Lot 98 has largely been cleared with the vegetation on this lot consisting of a few scattered trees and lawn areas.

 

Lot 100 contain substantial vegetation, in particular between the eastern boundary and the transmission easement. Council’s vegetation mapping does not indicate the type of vegetation however the Arboriculture Assessment Report submitted with the application indicated the vegetation to be River Flat Eucalyptus Forest. The site is disturbed through clearing of the understorey and weed infestation.

The Proposed Development

It is proposed to create five lots (refer to plan of subdivision Appendix 2). Proposed Lots 12, 13 and 15 are to be serviced by a common access way whilst Lots 11 and 14 have frontage to Greenhaven Drive. The proposed lot areas and dimensions (dimensions are variable due to lot shape) are as follows:

 

Lot No

Area

Width

Depth

11

3330 m²

38.09

71.65

12

8241 m²

17.635 

127.445

13

1335 m²

47.99

25.73

14

9314 m²

30.625

30.415

15

1.056hectares

71.65

145.255

 

The existing dwellings are proposed to be retained on Lots 11 and 14. Lots12, 13 and 15 have limited building areas for the siting of a dwelling due to the transmission line easement. The application includes a proposal to nominate both building form and envelopes together with associated landscaping. These are proposed to be placed on the titles of each resultant lot in accordance with Section 88B of the Conveyancing Act, 1919.  The proposed three additional lots are contained within the area that runs behind the existing residential lots that have frontage to Greenhaven Drive. The remainder of the site is occupied by a transmission line easement and is not available for building. The applicant proposes landscaping to be conducted with future development of the proposed lots, in an attempt to minimise any visual impact of future development on the existing development to the east. Drainage is proposed to connect to the existing stormwater system in Greenhaven Drive via the existing Lot 100 street frontage to the south and an existing easement through Lot 102 to the north.

 

The application was accompanied by the following reports and documentation:

 

·    Plan of Proposed Subdivision (Refer to Appendix No 2)

·    Statement of Environmental Effects (Rhodes Askew Associates)

·    Master Plan (Rhodes Haskew Associates)

·    Plan of Subdivision (T Grabara and Associates)

·    Arboriculture Assessment Report (Horticultural Management Services)

·    SEPP44 Koala Habitat Site Vegetation and Bush Fire Hazard Assessment (Horticultural Management Services)

Planning Assessment

The development has been assessed in accordance with the relevant matters for consideration under the Environmental Planning and Assessment Act Section 5A – Threatened Species Conservation 1979 and the following relevant considerations identified:

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

Sydney Regional Environmental Plan No. 20 (SREP 20) - Hawkesbury-Nepean River 1997

SREP 20 - applies to the subject land which is within a Riverine Scenic Corridor and stipulates that the consent authority shall not grant consent to an application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aims of SREP 20.

 

The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality.

 

The proposal will have potential impacts on water quality given the clearing proposed, the slope of the land and minimal setbacks within which to control water quality or quantity leaving the site. It will also impact on strategies of the plan for protecting Riverine Scenic Quality for reasons discussed later in this report.

Penrith Local Environmental Plan 1998 Urban Lands and Penrith Local Environmental Plan 226 - Blue Mountains Escarpment

Lot 98 is zoned 2(a) Residential (Urban and Landscape Protection) under Penrith Local Environmental Plan 1998 - Urban Lands (Urban Lands LEP1998). Lot 100 is zoned 7(e) Environmental Protection under Penrith Local Environmental Plan 226-Blue Mountains Escarpment (LEP226).

 

Lots 12, 13 and 15 will be contain within land zoned under both LEP’s, the area zoned under LEP1998 Urban Lands is required for access and is located within a transmission line easement, Lot 13 has a small area outside the transmission line easement that has been nominated as part of the building area.

 

The objectives of Zone 2(a) Residential (Urban and Landscape Protection) under LEP 1998 are:

 

“(i)    to reinforce the importance of natural landscape settings and areas with heritage conservation value, and

 (ii)    to protect the landscape and urban area identified on the map by ensuring that new development complies with minimum landscaping, rear setback and subdivision requirements, and

(iii)    to allow a limited range of compatible non-residential uses.”

 

The existing Lot 98 is zoned under Urban Lands LEP 1998 and contains an existing dwelling. The development proposes to use part of this lot to provide access to the proposed three additional lots to the rear in the area zoned under LEP 226. The existing dwelling on Lot 98 is proposed to be retained. Proposed Lot 14 will be contained within the area zoned under Urban Lands LEP 1998. This lot satisfies the minimum lot width and area requirements as well as the objectives of the zone.

 

The objectives of zone 7(e) under PLEP 226 are:

 

“(a)   to identify and protect environmentally sensitive and scenic lands; and

  (b)   to protect areas of natural vegetation which provide key landscape and ecological elements on the Blue Mountains eastern escarpment; and

  (c)   to prevent development of areas where the combination of physical factors (such as slope gradient, soil conditions and geology) results in high soil erosion hazards; and

  (d)   to prevent development in areas of high bush fire potential; and

  (e)   to enable residential development which is consistent with the environmental and visual qualities of the land; and

  (f)    to prevent development which would lead to pollution of the Nepean River.”

 

The proposed development is inconsistent with these objectives. The only area of the site capable for buildings to be located is below between the transmission line easement and the rear fences of the adjoining properties.  This area is currently heavily vegetated with well established taller growing endemic trees. The grade on this part of the site is also steep. These factors result in limited opportunities for dwelling locations.

 

In some areas the understorey has been disturbed however the taller trees are critical in protecting the scenic value of the area together with assisting screen the cleared area of the transmission line easement.  Any future dwellings will require a substantial amount of existing endemic vegetation to be cleared on the proposed lots. The access to these lots will also require clearing of the existing vegetation within the transmission easement to provide a sealed access to the dwellings.

 

The steep grade of the site, clearing of vegetation and increase in hardstand areas has the potential to increase stormwater runoff and create drainage impacts on downhill properties. Although the application proposes to connect to Council’s existing stormwater system in Greenhaven Drive, a concept drainage design has not been proposed and extensive works such as retaining walls may be required to capture stormwater.

 

 

 

Proposed building envelopes that form part of the application will create an unacceptable visual impact when future dwellings are viewed from both Greenhaven Drive properties and the surrounding area to the east of the escarpment. The steep topography and limited setback from adjoining properties will produce finished floor levels well above those of adjoining properties and close to their boundaries. This also limits the scope for any landscaping to replace the existing vegetation for screening. As a result future dwellings will create visual and privacy impacts.

 

The proposed development is defined as Torrens Title subdivision, which is permissible with the consent of Council under both LEP zonings. Clause 12 of LEP226 however applies to all land zoned 7(e) and provides as follows:

 

 (2)    The council may grant consent to an application to subdivide land to which this clause applies only if:

 

(a)     consent for a dwelling-house could be granted in accordance with this plan on each allotment proposed to be created; and

 

(b)     in the case of so much of an allotment of land described in Schedule 1 as is within Zone No. 7(e), the number of allotments created does not exceed the number described in that Schedule in respect of the allotment; and

 

(c)     the pattern of allotments to be created by the proposed subdivision and the location of any buildings on those allotments conform to any development control plan prepared in respect of the land; and

 

(d)     in the case of an application to subdivide land on which two or more dwelling-houses were erected on the appointed day, the council is satisfied that, in so far as is practicable, only one dwelling-house will be located on each allotment to be added by the proposed subdivision; and

 

(e)     in the case of an allotment which at the appointed day was comprised of land partly within Zone No. 7(e) and partly within Zone No. 9(e), the allotment has been subdivided along the boundary between the two zones and all the land within Zone No. 9(e) is held in the ownership of the corporation.

 

(3)  Any development control plan prepared for the purposes of subclause (2)(c) shall promote the aims of this plan and the objectives of Zone No. 7 (e).

 

 

LEP 226 does not set any lot area requirements for subdivision in the 7(e) zone however Schedule 1 of the LEP specifies the number of lots that can be created from each existing lot in the 7(e) zone. As Lot 100 is zoned 7(e) and is not identified in Schedule 1 it does not meet the test of Clause 12 above which is required to be satisfied for subdivision. It is therefore considered that subdivision of Lot 100 was not contemplated for by LEP 226 and in our view the proposed subdivision does not meet the intention of the LEP. 

 

 

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

 

Draft Penrith Local Environmental Plan (LEP) 2008

 

Lot 100 is included in Draft LEP 2008 and has a proposed zoning for most of the lot as E2 Environmental Conservation with a minimum site area requirement of 40 Hectares.

 

The objectives of the proposed zone are:

 

•        To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

•        To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

•        To protect and enhance the ecology, hydrology and scenic values of watercourses.

•        To protect and enhance biodiversity corridors and areas of remnant indigenous vegetation.

•        To allow for low impact passive recreational and ancillary land uses that are consistent with the retention of the natural ecological significance.

 

The objectives of Draft LEP2008 are similar to the existing LEP 226 in that the significance of the existing vegetation and scenic value of the area is reinforced.

 

The setting of a minimum area requirement of 40 Hectares further indicates that this is an area of environmental protection and low density development with no further subdivision to be permitted. The proposal is a significant departure from the above objectives and the 40 Hectare minimum area requirement.

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

 

Penrith Development Control Plan 2006 – Blue Mountains Eastern Escarpment Siting Design and Management

 

Penrith Development Control Plan 2006 Part 6 Section 6.8 – “Blue Mountains Eastern Escarpment Siting Design and Management” applies to the site and states the following in regard to subdivision under Part A:

 

“Subdivision Applications must be in accordance with the allotment layout contained in the plans accompanying this document. Minor boundary alterations may be approved if it can be demonstrated by an applicant that the alterations will produce an outcome which is more environmentally sound than one resulting from strict application of the allotment layout accompanying this document.”

 

The DCP 2006-Blue Mountains Eastern Escarpment Siting Design and Management contains a number of plans showing the subdivision layout for each lot listed in Schedule 1 of LEP 226. These plans indicate the number of lots, access requirements and configuration. The DCP does not include a plan indicating a subdivision pattern to create any additional lots from Lot 100. Consistent with LEP226, it is not contemplated by this DCP that Lot 100 would be subdivided.

 

The DCP also outlines items that need to be addressed in building design and highlights the following under Part B Clause 3: 

 

“Living in a bushland setting such as this enables one to enjoy a special relationship with nature, which in turn confers a responsibility to protect the bushland character of the Escarpment.

 

To achieve this aim, thorough site analysis and planning is essential to ensure that the building fits the land rather than trying to modify the land to fit the building.

 

Particular attention should be paid to the visual prominence of the buildings. Buildings which have their main lines at right angles to the natural ground slope appear obtrusive. The strong triangular geometry, of for instance an A-frame or a gable, gives an unacceptable vertical emphasis to the building”.

 

The rising topography and transmission line easement are major constraints of the site which limit the available building envelopes. The building envelopes proposed would promote buildings which would have limited setbacks of less than 2m to the rear boundaries of, and floor levels exceeding the roof heights of, existing dwellings to the east.  This would result in an unacceptable vertical emphasis of bulk and scale, impacting significantly on the visual amenity of the surrounding area. Future dwellings have the potential to create overshadowing midwinter, in particular to the rear yards of existing dwellings fronting Greenhaven Drive.

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

Built and Natural Environment

 

(i)      Context and Setting

 

The proposed lots would be set well above the existing dwellings to the east due to the topography of the site. Building envelopes would stretch across the width of almost two existing adjoining lot widths. This will result in future dwellings having greater apparent bulk, scale and overlooking than would be normally associated with surrounding development in the locality.

 

The development will have a major impact on the amenity of not only the adjoining dwellings but also the surrounding area as a result of long building footprints running north- south along the contours.

 

(ii)     Access

 

Each proposed lot would be suitable to accommodate off-street parking. The access to the additional lots is proposed off common driveways from Greenhaven Drive which will need to meet the power authority’s (TransGrid) and Council’s requirements. The traffic generated by three additional lots would be within the streets current capacity. The current proposed access arrangements do not comply with Planning for Bush Fire Protection Guidelines 2006.

 

 

 

 

(iii)    Soil Erosion and Sedimentation

 

The proposed development will need to take appropriate measures during construction so that the development has no impact on soil erosion and sedimentation. This will be difficult given the extent of vegetation proposed to be removed, the topography of the site, the limited areas and setbacks for building footprints.

 

The drainage of the site would require extensive works as a result of the topography to ensure that runoff is controlled so that it does not impact on adjoining properties and is discharged to the existing drainage system.

 

(iv)    Natural and Technological Hazards

 

The site is located in a Bush Fire Prone area and the application was referred to the Rural Fire Service accordingly. Their comments are discussed later in the report.      

 

(v)     Flora and fauna and threatened species

 

The application was accompanied by vegetation, koala habitat and arboriculture assessment reports. Some Eucalyptus “feeder” species are present on the site however there was no evidence of koalas found at this location.

 

The Arboriculture Assessment Report assessed the condition of existing trees on site and their suitability for retention given the expected proximity of future dwellings. The report indicates a number of trees are in poor structural condition and as a result of these trees being in close proximity to future dwellings they are recommended by the consulting Aborist to be removed. Extensive tree removal will be required to prevent future dwellings and excavation impacting on existing trees. This would also be required to achieve suitable Asset Protection Zones for bushfire purposes however this is yet to be confirmed as information requested by the Rural Fire Service from the applicant remains outstanding.

 

The existing vegetation on the site is representative of River Flat Eucalyptus and the vegetation assessment report found:

 

“The site contained a diverse mixture of both indigenous and introduced exotic vegetation, from the author’s observations the remaining vegetation would be described as River Flat Eucalyptus (RFEF) bases upon site inspections, species and floristic Structure. This River Flat Eucalyptus Forest is listed as an Endangered Ecological Community under the Threatened Species Conservation Act1995.” It also found, however, that the areas proposed for dwellings were not representative of (RFEF) in either structure or floristic and its removal would not threaten the endangered ecological community.

 

The above conclusion of the vegetation assessment report is based on the disturbed state of the understorey which is often the case where residences adjoin bushland. The existing strip of vegetation between the residential development to the east, cleared transmission easement and bush land to the west provides an important visual and environmental buffer. It acts as a transition from the urban environment to the larger bushland area and ecological community to the west of the transmission line easement. This would be placed under further pressure as a result of clearing and encroachment of urban development as proposed.

 

(vi)    The public domain and the public/private interface

 

The clearing of existing vegetation and built form resulting from the proposal would expose a visual scar on the escarpment which will be visible from the larger Emu Plains area. This could not be adequately mitigated by new landscaping due to the lack of available building setbacks and Asset Protection Zone requirements.

 

(vii)   Impact on the amenity of the immediate area

 

The proposal will create an adverse impact on adjoining properties as a result of overlooking and visual appearance. The impact of clearing and additional dwellings located further up the escarpment will significantly impact on the local character of the area.

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

 

The site is significantly constrained by both the natural topography and the transmission line easements which result in both limited and difficult areas to locate dwellings. The sites only area available for dwelling construction is a narrow strip 15 metres wide along the rear of the existing dwellings that front Greenhaven Drive.

 

The limited width of the site minimises the setback available to the common property boundaries shared with existing dwellings and restricts dwelling design opportunities. Potential private open space areas are located well above the level of the adjoining lots and will result in a loss of privacy to the adjoining dwellings private open space. As the site is bush fire prone the access roads need to comply with Planning for Bush Fire Protection Guidelines 2006 and the current proposed access does not satisfy this requirement.

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

 

The application was referred to the Rural Fire Service as an Integrated Development pursuant to Section 91 of the Environmental Planning and Assessment Act, 1979 as approval is required under Section 100B of the Rural Fires Act, 1997. The RFS have considered the application and advised that the applicant needs to demonstrate how the proposed property access roads comply with Planning for Bush Fire Protection Guidleines 2006. The applicant was advised on the 27 February 2009 of the RFS comments and requested to address the issues raised. No response has been submitted to date.

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

The proposed development was advertised in the local press and notified to a total of nineteen (19) nearby and adjoining residents with an exhibition period from 24 December 2008 to 30 February 2009 in accordance with Penrith DCP 2006 Part 2.7 Notification and Advertising. Following additional information being provided by the applicant, the application was re-notified to those originally notified and 132 residents who had made a submission. A submission has also been lodged by Blue Mountains City Council.

 

The issues raised in the submissions are outlined below:

 

·    Loss of amenity and scenic quality of the area

·    Change to the natural landscape of the area

·    Impacts on stormwater runoff

·    Loss of privacy

·    Impact of bushfires on the site and surrounding area

·    Solar impact

·    Access near powerlines safety issue

·    Endangered ecological community

·    Increased in vehicle movements

·    Building setbacks from adjoining lots

 

The above matters have been addressed previously in the body of the report under Planning Assessment.

Conclusion

 

The proposal has been assessed against the provisions of Sydney Regional Environmental Plan No. 20- Hawkesbury Nepean River, Penrith Local Environmental Plan 1998-Urban Land, Penrith Local Environmental Plan 226- Blue Mountains Eastern Escarpment and Draft Penrith Local Environmental Plan 2008 and Penrith DCP 2006 Part 6.8 Blue Mountains Eastern Escarpment Siting Design and Management. The Blue Mountains Escarpment LEP and DCP have not contemplated subdivision of this land and the proposal is inconsistent with the intent and objectives of these plans. The proposal is also inconsistent with a number of provisions of the above plans. Proposed lot sizes are well below the minimum prescribed by the Draft LEP applying to the site.

 

The development will result in an unacceptable loss of native vegetation which contributes to key landscape, visual qualities and ecological elements of the Blue Mountains eastern escarpment. Future dwelling sites and built form would result in unacceptable amenity impacts on existing residents.  The development is not in the public interest due to this impact and visual impacts when viewed from the wider Emu Plains area to the east.

 

The site is highly constrained due to its existing vegetation, the transmission line easement and being bush fire prone such that it is not suitable for the proposed development. Furthermore the Rural Fire Service has not issued General Terms of Approval for the proposal and us such Council is not able to approve the application under Section 91 of the Environmental Planning and Assessment Act, 1979.

 

Based on our assessment, the application before Council should not be supported.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA08/1275 Torrens Title Subdivision of two lots into five lots at Lot 100 DP591759 and Lot 98 DP 238269 (No 27 & 45) Greenhaven Drive Emu Plains be received

2.     Development Application DA08/1275 Torrens Title Subdivision of two lots into five lots at Lot 100 DP591759 and Lot 98 DP 238269 (No 27 & 45) Greenhaven Drive Emu Plains be refused for the following reasons:

Reasons of Refusal

2.1      Pursuant to Section 79C(1)(a)(i)of the Environmental Planning and Assessment Act,1979 the proposed development does not satisfy the objectives of the 7(e) Environmental Protection Zone and is not permitted under Clause 12 of Penrith Local Environmental Plan 226.

2.2      Pursuant to Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act, 1979 the proposed development is inconsistent with the minimum lot size proposed under Draft Penrith Local Environmental Plan 2008.

2.3      Pursuant to Section 79C(1)(a)(iii) the proposed development is inconsistent with Penrith DCP 2006 Part 6.8 Blue Mountains Eastern Escarpment Siting Design and Management.

2.4      Pursuant to Section 91A of the Environmental Planning and Assessment Act, 1979 the Rural Fire Service has not issued a Bush Fire Safety authority under Section 100B of the Rural Fires Act 1997 and as such Council cannot grant consent under Section 91 of the Environmental Planning and Assessment Act, 1979.

2.5      Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 the proposal is not in the public interest due to matters raised in submissions.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Plan of Subdivision

1 Page

Appendix

  


Ordinary Meeting

25 May 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 2 - Plan of Subdivision

 

 

 

 


Ordinary Meeting

25 May 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

12

Development Application DA08/1333 for Demolition of a Service Station and Erection of a Nine (9) Storey Mixed Use Development on Part Lots 21 & 22, Sec 30, DP 1855 and Part Lot 46B DP 411863 (No. 182-190) Great Western Highway, Kingswood  Applicant:  Cityscape Planning & Projects;  Owner:  Mr W. S. Quirk    

DA08/1333

Compiled by:                Peter Wood, Development Assessment Co-ordinator

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:  Formulate and implement social and cultural strategies for redeveloping established areas that support cohesive communities.

     

Purpose:

To report the Development Application to Council for determination. The report recommends that the application be approved subject to recommended conditions of consent.

 

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

Executive Summary

Council is in receipt of a development application for the demolition of the existing service station buildings and erection of a 9 storey, mixed use building on site.  The ground floor areas will accommodate both retail and commercial land use with the retail areas provided at the Great Western Highway frontage.  Level 1 provides commercial floor space and Levels 2-8 provide residential apartments.   The residential area provides a total of 61 single level apartments consisting of 18 x 2 bedroom unit and 43 x 1 bedroom units.  Four levels of basement parking are provided, with access to the basement area being provided at the rear of the site off Wainwright Lane.  This basement area provides a total of 118 car parking spaces and a loading bay.

 

The development application was amended to improve the appearance of the eastern façade and additional information was provided by the applicant in regard to rail vibration and potential noise impacts from the operation of the Kingswood Hotel.

 

The development application was placed on public exhibition between the 4th and 30th January 2009.  During that time, 4 submissions were received. 

 

The application was been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and found to be satisfactory with some matters capable of being resolved by conditions.

 

The proposed one and two unit apartments are well suited to the demand in the locality both in the short and long term.  This range of accommodation will provide positive social benefits.  Significant opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies.  The complex also has the potential to allow health professionals and students to reside close to their place of employment and learning.

 

After detailed consideration of all matters, it is recommended that Council grants consent to the proposal. 

Planning Context

Council at its meeting of the 26th March 2007 resolved to adopt the revised “Penrith City-Centres Hierarchy” as an interim Policy.  The “Penrith City-Centres Hierarchy” was developed in response to the state government’s Metropolitan Strategy.

 

Specialist Centres are identified in the Metropolitan Strategy as areas containing major airports, ports, hospitals, universities, research and business activities that perform vital economic and employment roles across the metropolitan area.  Kingswood meets this criterion by containing both a university and a hospital.  The Metropolitan Strategy encourages increased housing densities and economic activity in these localities.

 

Council is currently in the process of developing appropriate development controls in its Specialist and Local Centres through the preparation of a Draft Penrith Urban Study & Strategy that will inform the second stage of the city wide LEP based on the Standard Instrument. 

Site and Surrounds

The subject land consists of three allotments with a combined area of 1456m2. The site is square shaped and has a 38.1m frontage to the Great Western Highway and a depth of 38.1m along its eastern boundary.  The subject land also has frontage to Wainwright Lane on its southern boundary. (See Attachment No. 1 – Locality Plan)

 

The Great Western Highway frontage represents a high point for the site and it provides a relatively flat surface area at the front portion then falls 1.8m steeply in the central section of the site before finally declining a further 1.2m at a more gradual grade over the rear section.

These grade changes facilitate vehicle access from the rear of the site.

 

The site is sealed or covered with buildings and contains no vegetation.  The site has previously been used as a service station and associated motor vehicle workshop area. The built forms of this use remain on site today.  The site currently enjoys direct access to the Great Western Highway.

 

The subject land is located at the eastern end of the Kingswood retail strip and adjoins the Kingswood Hotel.  The site is located directly opposite the Kingswood Railway Station and is and in close proximity to Nepean Hospital and the University of Western Sydney (UWS) which are located to the west and east respectively.  Some land parcels to the south of Wainwright Lane are vacant and others contains medium housing development.

 

The properties in the immediate vicinity are not known to contain any identified items of Aboriginal or European heritage.  The site is not bushfire prone nor flood affected, and all infrastructure services are available.

The Proposal

The proposal involves the demolition of the existing service station buildings and erection of a 9 storey, mixed use building on site.  The ground floor areas will accommodate both retail and commercial land use with the retail areas provided at the Great Western Highway frontage. Level 1 provides commercial floor space and Levels 2-8 provide residential apartments.

 

The base section provides a 2-3 storey podium type built form at the Great Western Highway and Wainwright Ave street frontages respectively.  The Great Western Highway frontage has been designed to provide a traditional glazed shopfront and wide cantilevered awning.

 

The middles section of the building accommodates the majority of the residential apartments and is distinguished from the lower retail/commercial podium by a narrower built form.

 

The top section of the building accommodates larger and premium type residential apartments.  This section is further recessed from the south and north at the upper two levels, which further reduces the mass of the built form as this top section.  The building is framed with precast concrete however, the northern elevation provides some contrasting materials and finishes including a different pre cast concrete finish at the eastern side of this elevation as part of the parapet and the use of a pre-finished metal cladding framed feature at north western corner.

 

Four levels of basement parking are provided, with access to the basement area being provided at the rear of the site off Wainwright Lane.  This basement area provides a total of 118 car parking spaces.  The basement contains a loading dock, a waste compactor, and separate waste rooms for the residential, commercial and retail waste streams, plant and service rooms and general storage areas.  The basement also contains a dedicated space for the washing of vehicles.

 

The entire development is provided with a single service core that is located centrally to the site and parallel to the road reserve.  The service core incorporates 2 lifts located at its eastern end and staff toilets, facilities and amenities along its length over the lower 2 levels.  At the residential levels the service core also provides access to corridors, fire stairs and garbage store areas.

 

Pedestrian access to the retail development is provided directly from the street frontage.  For the commercial elements, pedestrian access is provided by an internal colonnade that runs the length of the buildings western façade.  The colonnade connects all the way through to Wainwright Lane and also accommodates bicycle storage areas.  There is also direct pedestrian access into the building foyer from the Great Western Highway frontage.  Once inside the foyer access is made available to all floors by the two lifts.

 

The gross floor areas for each level are as follows:

 

Level

Use

Gross Floor Area (m2)

Ground Floor

Retail & Commercial

880 (360m2 nett retail)

Level

Use

Gross Floor Area (m2)

1

Commercial

1069

2

Residential

2734

3-6

Residential

2936

7

Residential

658

8

Residential

444

 

 

 

 

 

Total       6721m2

 

The residential area provides a total of 61 single level apartments consisting of:

 

·        18 x 2 bedroom units

·        43 x 1 bedroom units

 

These apartments are distributed across the development as follows:

 

Level

No. of dwellings per level

2

10

3

10

4

10

5

10

6

10

7

7

8

4

 

The application is accompanied by the following reports:-

 

·        Architectural Plans prepared by Turner & Associates Pty Ltd

·        Statement of Environmental Effects, prepared by Cityscape Planning and Projects

·        Geo-technical Report , prepared by Asset Geo-technical

·        Traffic Impact Assessment, prepared by Traffix, transport and traffic planners

·        Acoustic Report, prepared by Vipac Scientists & Engineers, Pty. Ltd.

·        Stormwater Services DA Report, prepared by Steve Paul and partners, Hydraulic and Wet Fire Consultant

·        Basix Assessment, Vipac Scientists & Engineers, Pty. Ltd.

 

Architectural plans of the proposal are included as Attachment No.2.

Planning Assessment

The proposed development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Ac 1979.  In consideration of the, the main issues that have arisen in the assessment relate to:

 

·          Scale of the development

·          Architectural design

·          Servicing the site by vehicles

·          Impacts to adjoining residents / businesses

 

 

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

Interim Development Order No. 9 – City of Penrith

The subject land and all of the land fronting Great Western Highway between Bringelly Road and Somerset Street, Kingswood is zoned 3(a) General Business under the provisions of Interim Development Order –No.9 gazetted on the 16th September 1966.

 

Shops with a total floor space of 1394m2 (15,000 sq.feet) and commercial premises with a total floor space of 1858m2 (20,000 sq.feet) are permissible without development consent.  The proposal contains 360m2 of retail floorspace and 1589m2 commercial floorspace.  Therefore, development consent is not required for this component of the development.

 

The proposal does however require development consent for the residential flat building component of the development.

 

Interim Development Order –No.9 contains no objectives or development standards pertaining to building height, floor space ratio, and car parking provision or the like.

 

Other Environmental Planning Instruments

 

Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River

 

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context.  Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality, particularly as that relates to the water cycle or on flora or fauna. 

 

The site is sealed and all stormwater run-off is directed to Council’s stormwater system located in the Great Western Highway road reserve.  The proposed development will not increase the area of impervious surfaces on the site and the proposed drainage system has been designed in accordance with AS3500 and Penrith City Council’s stormwater policy.

 

The proposal will provide a rainwater reuse system that will collect roof water in tanks in the basement then use this water for toilet flushing, car washing and irrigation purposes.  Rainwater from the storage tank will be pumped for distribution throughout the development in a non-potable water circulation system. 

 

Council’s Senior Development Engineer has assessed stormwater disposal from the site and raises no objection to the proposal subject to conditions.

 

Subject to appropriate conditions, the proposal will be consistent with the Policy, particularly in relation to total catchment management and water quality in the metropolitan area. 

 

 

 

 

State Environmental Planning Policy (Infrastructure) 2007

 

SEPP (Infrastructure) 2007 came into force on 1 January 2008 and in the circumstances of the case requires Council to consult with the Road and Traffic Authority (RTA) due to the number of car parking space and the amount of commercial floor space proposed.

 

The RTA has reviewed the development application and raises no objection to the proposal.  The following comment was provided by the RTA:

 

“Loading and unloading of vehicles shall not occur on the Great Western Highway.   Provision should be made on-site or along the rear lane for removalists and garbage collection.”

 

Subsequent to the RTA advice, the design of the proposal has been modified to provide for an internal loading dock with access from Wainwright Lane.  Operational matters regarding loading and unloading of goods / furniture can be covered as conditions of consent.

 

 

State Environmental Planning Policy No 55 – Remediation of Land

 

The object of this Policy is to provide for a State wide planning approach to the remediation of contaminated land. In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.

 

The site was previously used as a service station. This use would normally necessitate detailed site investigations and documentation to be lodged with the current development application.  However, the potential contamination and remediation of the site has been addressed as part of a previous Development Approval.  In this regard a detailed Site Assessment Report was undertaken as part of an application to abandon the underground fuel tanks pursuant to Penrith Development Consent Notice: 990875 Dated 4 May 1991.  Subsequent to that approval and the removal of the tanks, soil testing occurred and an associated report, dated 16th August 1999 was provided to Council.

 

These reports and approvals all occurred in a manner consistent with the objectives and provisions of SEPP 55.  As such no additional assessment is considered necessary and the site is considered to be remediated.

 

 

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings

 

This Policy aims to improve the design quality of residential flat development.  It promotes sustainability, a better built form (buildings, streetscapes and public domain), housing to match the community’s expectations and demand, and also promotes improved amenity and safety for occupants.

 

SEPP 65 does not contain numerical standards, but refers to “Residential Flat Design Code”.  The Code provides additional detail and guidance for applying the design quality principles outlined in SEPP 65.  The SEPP takes precedence over an LEP or DCP where there may be any inconsistencies.  Council needs to be satisfied that the proposed -development achieves a satisfactory outcome in respect of each of the ten design quality principles as follows:-

 

1        Context

 

The site is located within an existing urban centre that is significantly underdeveloped and therefore it is difficult for new development to respond to the prevailing urban fabric. In this case, the long term strategic planning for the locality identifies the subject land and surrounding land to be within a “Specialised Centre”. The business zoned land in Kingswood is well situated in terms of proximity to regional public transport linkages and large scale health and educational activities.  The development provides a mixed use outcome, inclusive of street level retail and commercial activities, and apartments of significant scale that will bring considerable activity to the Kingswood business district.

 

2        Scale

 

The proposed building is nine storeys high which is considerably higher than the three storey walk up residential flat buildings that adjoin parts of the Kingswood business zone.  It is clear from the previous section that the Kingswood business zone being designated a “specialist centre” will undergo significant transition to take advantage of its proximity to existing infrastructure and services.  Despite the contrast with existing development the building has been designed with retail and commercial levels being provided in a 2 storey podium form which directly addresses the street and provides an appropriate scale to the Great Western Highway.  The slope of the site results in this podium presenting as 3 storeys at the Wainwright Lane frontage. It should be noted that Wainwright Lane already accommodates 3 storey residential developments.  The tower component of the development provide a strong, landmark built form to the eastern entry to the Kingswood business district and in this context is considered to represent a suitable scale for the site and the future scale of the Kingswood business district.

 

3        Built form

 

The podium level is two storeys at the Great Western Highway frontage and provides for mixed commercial /retail use.  This is consistent with the urban character of the locality.  The provision of a front setback of 4.0 metres is consistent with the adjacent development to the east and also provides a large and enhanced public domain area.  A further setback is provided for the residential levels (3-9) which retains the views of the Blue Mountains escarpment for motorists, cyclists and pedestrians heading west along the Great Western Highway.

 

A 9 storey urban form at the eastern edge of the Kingswood business centre has the ability to strongly define a gateway or entry statement at the edge of the new specialised centre.

 

Accordingly, the proposed development is considered to be consistent with the relevant Code criteria and as such provides an appropriate built form. 

 

 

 

 

 

4        Density

 

Kingswood’s designation as a specialised centre means increased housing densities and economic activity in this locality.  In this context the proposed development provides a density outcome that is suitable to both the site and broader Kingswood retail strip.

 

5        Resource, energy and water efficiency

 

Energy and water management reports accompany the development application and demonstrate the proposal is sustainable.

 

6        Landscape

 

The subject land contains no natural features and is located on a busy arterial road.  The proposal provides “hard” landscape outcomes as part of its landscape response.  This includes the provision of a wide footpath area on the Great Western Highway frontage, consisting of new pavers, together with additional street tree plantings that utilises tree species already provided in the road reserve in front of the site and adjacent hotel.  The new ground level paving treatment will also extended into the western colonnade and foyer entry area at the eastern edge of the building to encourage movement from the street into the building.

 

7        Amenity

 

The proposal has been designed to maximise solar access for residents and to minimise noise pollution from the transport corridor to the north and the hotel land-use to the east.  Also the development provides extensive views to the north, west and the south.

 

8        Safety and security

 

SEPP 65 is principally focused on residential design outcomes and in this respect the development provides safe and secure access controls for future residents through both a foyer located at the eastern edge of the site and the basement parking area.  Both of these locations can be secured through access control devices.

 

9        Social dimensions

 

The development seeks to add housing diversity by providing 43 one bedroom units that are currently not widely available within the LGA.

 

These smaller apartment sizes have been designed to directly respond to the demand generated from the large number of health and student populations that are disproportionately represented in the Kingswood area given its proximity to the Nepean Hospital and University of Western Sydney.

 

Notwithstanding the above, the type of housing provided may prove attractive to empty nesters and lone person households as it provides secure and accessible housing.  It may also enable existing residents of the Penrith area to “age in place”.

 

 

 

10      Aesthetics

 

The applicant has responded to this consideration as follows:

 

“The development seeks to make a deliberately bold and strong visual statement to define the entry or gateway to the Kingswood business district.

 

The base section provides a 2-3 storey podium type built form at the Great Western Highway and Wainwright Ave street frontages respectively.  This podium form relates well to the prevailing scale of built forms at those locations and provides a strong interaction with adjacent street and public domain.  This is particularly the case for the Great Western Highway frontage which will provide a traditional glazed shopfront and wide cantilevered awning to provide pedestrian amenity.  The north eastern corner of the base section is recessed which assists in providing a street level entry marker to the building.

 

The middles section of the building accommodates the majority of the residential apartments and is distinguished from the lower retail/commercial podium by a narrower built form both western and eastern boundaries. The primary or key northern elevation is provides with precast, stone coloured concrete finishes that frame building perimeters, floor levels and individual apartments.  The internal living areas of these apartments are then recessed from the front building edge.  The provision of these recessed areas together with the application of an moveable aluminium perforated louvre screen system at this elevation will animate this elevation with a varied and continually changing appearance through the course of the day. The same architectural styling is provided to the rear elevation, however, no louvers are provided at this elevation in recognition of the southern aspect this elevation presents. Nevertheless, the deeply recessed balconies will still allow for movement of light and shadows over that elevation and create visual variation throughout the course of the day.

 

The top section of the building accommodates larger and premium type residential apartments.  This section is further recessed from the south and north at the upper two levels, which further reduces the mass of the built form as this top section.  The building remains framed with precast concrete however, the northern elevation provides some contrasting materials and finishes including a different pre cast concrete finish at the eastern side of this elevation as part of the parapet and the use of a pre-finished metal cladding framed feature at north western corner.

 

All of these elements combine to ensure outstanding aesthetics and design outcomes are achieved.”

 

The applicant’s comments are endorsed.

 

The application was accompanied by a design verification statement from the architect attesting to compliance with the SEPP.  Council also sought independent architectural advice as the suitability of the design and whether it accorded with the SEPP.  The advice received agreed with the contention that SEPP 65 had been satisfied.

 

State Environmental Planning Policy 2004 - Basix

 

A Basix report has been lodged with the development application and indicates that the design of the building meets the state government’s targets of up to 40% reduction in water consumption and 25% reduction in greenhouse gas emissions for residential development.  It will also be a condition of consent that the design of the building shall achieve an ABGR rating of 4.5 stars (Australian Building Greenhouse Rating). Documentary evidence is to be provided prior to the issue of an Occupation Certificate.

 

 

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

 

No draft environmental planning instruments are relevant to the proposal.

 

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

 

Penrith DCP 2006

 

Part 2.2      Crime Prevention through Environmental Design (CPTED)

 

Council’s Community Safety Co-ordinator has reviewed the application with regard to CPTED principles and provides the following comments:

 

“Police and community reporting indicate that this area experiences levels of antisocial behaviour, particularly those areas adjacent to the Kingswood Hotel. Recently this has perhaps been exacerbated by the site being left vacant for a lengthy period, with no capable guardianship of the area. Development of this site may help to promote positive and active uses of this area and minimise the opportunity for antisocial behaviour through increased ownership of space, enhanced passive surveillance and guardianship.

 

It should also be noted that an Alcohol-free zone has also been approved for establishment on the footpath/roads along the front of this development site to minimise alcohol-related issues and promote responsible social behaviour at this location. 

 

As a mixed used development, the proposed land use of residential apartments, commercial/retail premises are compatible with one another. However, further information should be provided by the applicant as to the type of businesses proposed to occupy the building.

 

Developments of this nature can present issues associated with the definition of public and private space.  Areas where there is confusion about whether the space is public or private can provide excuse-making opportunities for offenders to use a space, and may increase the crime risk of the development.  Particularly given the large number of residential apartments proposed by this development, it is important that the design is such that minimises the risk of crimes such as break and enter and property theft.  This includes the use of territorial reinforcement measures to inform people of the intended function and ownership of the space/place, such as visual symbolic cues and security measures including signage, paving, lighting, bollards and landscaping.

 

With effective safety and security measures in place, mixed-use developments such as this have the opportunity to provide enhanced opportunities for passive surveillance during the day and night, increasing the number of ‘eyes and ears’ around and minimise the risk of crime and antisocial behaviour.

 

Particularly given the large scale of the development and large number of people it will accommodate and attract to the area, it is important that appropriate CPTED principles and security considerations are utilised to minimise the crime risk associated with the development and promote safety in and around the development.”

 

The proposal can satisfy the objectives and provisions of this part of DCP 2006. Concerns regarding the compatibility of future commercial uses with the residential apartments can be assessed when a separate Development Application is submitted for the commercial components (Standard condition A017).

 

Conditions have been recommended by Council’s Community Safety Coordinator to improve public safety with respect to lighting around and within the building, security and access in the underground car park, security within the main building and issues relating to building identification and signage.

 

Part 2.9      Waste Planning

 

The applicant has prepared a Waste Management Plan in relation to the demolition of the old service station building and the substantial excavation that will be required in the construction phase of the development.  The Waste Management Plan also contains strategies for the management of waste during the operational phase of the development.

 

Commercial waste contractors will collect waste from the retail and commercial components of the development.  Waste will be stored in designated storage areas in the basement parking level with direct access to Wainwright Lane.  The residential component of the waste stream involves storage space of 240 litre bins in the basement car park, again in a designated area, and the provision of recycling facilities on each floor with waste chutes servicing large waste bins in the car park. 

 

The proposal also makes provision for a building manager to ensure efficient operation of the waste management strategy during the operational phase of the development.

 

It is considered that the proposal can satisfy the objectives and provisions of this part of DCP 2006.  The waste system generally complies with Council requirements and this issue can be covered using conditions of consent.

 

 

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

 

Environmental Planning and Assessment Regulation 2000

 

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

 

(a)     he or she has designed, or directed the design, of the residential flat development, and

(b)     the design quality principles set out in Part 2 of the Environmental Planning Policy No 65 – Design quality of Residential Flat Development area achieved for the residential flat development. 

 

This statement has been received from Dan Szwaj, Senior Associate, Turner & Associates satisfying the Regulation. 

 

An independent architectural assessment with respect to compliance with SEPP 65 has been undertaken by Diego Villar, Architect, on behalf of Council.  The independent architect has confirmed that the building conforms to the requirements of SEPP 65 and he offers the following conclusion:

 

I concur with the applicants’ assessment of the development proposal against the SEPP65 and Residential Flat design Code 2002. I would like to propose some minor comments/recommendations for the proposed development as follows:

 

1.   The development would benefit from a larger rainwater re-use tank.  The development proposes a 10,000Lt water tank.  The 41% water reduction in the Basix certificate could easily be increased with minimal cost to the developer.  This would allow the development to achieve a higher standard in terms of its energy efficiency, ultimately reflecting in a higher quality development.

2.   The possibility of additional wash bays could be incorporated in the car parking area to cater for the number of cars provided.  This would minimise waiting times for the residents wanting to use this facility.

3.   Access to the car parking area should be controlled by an automatic roller shutter with residents and retail patrons having access control devises.  This would minimise/prevent vandalism, theft and crime to vehicles and graffiti vandals from entering the basement areas.  In addition, the safety of persons would be greatly increased.

4.   Access to the upper level apartments via the lifts should also have access control devices at the street entry points and the lifts.

5.   The colonnade should incorporate surveillance security cameras and additional lighting to minimise vandalism, theft and crime as this area would be “out of sight” from other more public areas fronting the Great Western Highway and Wainwright Lane.

6.   The following main bathrooms’ layout and door should be mirror reversed so that toilet pans and basins are not seen when entering the apartment – all 201 and 210 apartments on Levels 2-6, A701, A717, A801 and A804.

 

The independent architect’s comments are supported and the minor amendments suggested are recommended to be incorporated as conditions of consent.

 

 

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

 

Built and Natural Environment

 

Architectural

 

The issues of context, scale and built form have been addressed in previous sections of this report.

 

The development provides a building with a height of 9 storeys. The overall height of the proposed development contrasts strongly with existing development in the business district, however the strategic planning framework identifies the Kingswood Town Centre as a location that will undergo significant transition to take advantage of its proximity to existing infrastructure and services.

 

Despite the contrast with existing development the building has been designed with lower retail and commercial levels provided in a 2 storey podium form which directly addresses the street and provides an appropriate scaled address to both the Great Western Highway.  The proposed development is likely to be a forerunner of other mixed developments along the Kingswood commercial strip.

 

The original plans showed a blank wall on the eastern façade of the building.  The applicant was advised that this elevation required improvement given its importance as a gateway building for people entering the city form the east.  The plans were amended so that the eastern wall had three components (base, middle and top) that matched the remainder of the building.  The applicant has provided the following information in regard to the revised design:

 

“BASE

Separation of the base and middle sections of the building mass is achieved by the creation of a deeply recessed ‘gap’ between those two elements which strongly demarcates those two sections.  It is also further emphasised by the application of strongly contrasting decorative panelling to the recessed ‘gap’.

 

MIDDLE

The middle section of the building has been amended in several ways, but chiefly through the addition of glazing to apartments, which run vertically along the extent of the eastern elevation.  This not only varies and articulates the elevation, but will also animate the elevation in evening periods through the interplay of lighting and activity from the residential living areas that the glazing provides access too.

 

Further design detail is provided through the application of composite façade system over the full extent of the elevation.  This façade system picks up design elements and materials that have been applied to other elevations and carries them through to the eastern elevation to ensure an integrated design approach is achieved.  As per the north and west elevations, the family of colours utilised by the development have been randomly dispersed to the amended eastern elevation.

 

The facade system is a fixed vertical aluminium batten louver with an anodised finish.  It is set approx 100-150mm of the wall and as such will create significant visual interest through the interplay and movement of light and shadow across the elevation throughout the day. 

These new elements are provided in addition to the other vertically emphasised blades and varied precast concrete panels that were originally applied to this elevation to create visual interest.

 

TOP

The top section of the building has been amended and now incorporates the lightweight metal cladding which had been similarly applied as part of the design at the western elevation and north western and south western corner features.  This also serves to strongly contrast this section of the building mass from the lower two section.

 

The development seeks to reinforce the visual statement to define the entry or gateway to the Kingswood business district.  It does this through composing a built form with a legible and distinct base middle and top that relate to the different land uses accommodated within and the application of a palette of robust and distinguishing materials and finishes being capable of being ‘viewed in the round’.

 

The new design measures in combination articulate and break up the scale and mass of the eastern elevation and provide significant new and enhanced visual interest that will prove to be both an attractive and gateway built from when viewed from the eastern approaches to Kingswood.  It should also be noted the changes have also been designed to ensure that the integrity and amenity of the subject building will not be comprised when the adjacent Hotel is developed in the future”.

 

The amended design is supported and greatly improves the appearance of the building when viewed from the east.  The overall appearance of the building is interesting and sets an appropriate benchmark for future development in the Kingswood commercial centre.

 

Traffic and Parking 

 

The traffic report supporting the development has indicated that the development will generate approximately 60 additional trips per hour along Wainwright Lane.  The report goes on to say that this level of traffic generation will have negligible impact on the operation of the critical intersection of the Great Western Highway and Bringelly Road which will continue to operate with acceptable delays and a Level of Service “B”.  Council’s Senior Traffic Engineer agrees with this analysis.

 

In assessing the development application, consideration has been given to the “Guide to Traffic Generating Developments” prepared by the Roads and Traffic Authority, AS 2890.1 and 2 (2004) in conjunction with a traffic assessment report prepared by Traffix, Traffic & Transport Planners, dated December 2008, for the applicant. 

 

The development application was not required to be referred to the Regional Development Advisory Committee or Local Traffic Committee as there are less than 75 dwellings proposed and the site is not accessed from a main road. The application was referred to the RTA for comments however as the site adjoins the Great Western Highway. The RTA has no objection to the proposal subject to the following condition:

 

“Loading and unloading of vehicles shall not occur along the Great Western Highway.  Provision should be made on-site or along the rear lane for removalists and garbage collection.”

 

The original design contained no loading bay for commercial delivery trucks or furniture removalists.  The applicant was requested to amend the proposal and has now provided a loading dock directly accessible from Wainwright Lane.  As a result of providing the loading dock there has been a reduction in the amount of commercial floor space from 1574m2 to 1498m2.  The applicant’s traffic consultant has advised that

 

“Trucks will be required to reverse into the dock and exit in a forward direction, which is permissible for occasional service”.

 

This arrangement is considered to be acceptable in the circumstances of the case.

 

Penrith Development Control Plan 2006 specifies the parking rates for the proposed development as follows:

 

Type of Development

Number/Area

Council Parking Rates

Spaces Required

Spaces Provided

Residential

 

 

 

 

One bedroom

43

1 space per unit

43

43

Two bedroom

18

1 space per unit

18

18

Visitor

61

0.2 space per unit

12

12

Retail

364m2 NLFA

1 space per 26m2 NLFA

14

11

Commercial

1498m2

1 space per 40m2 GLFA

37

34

 

 

 

124

118

 

There is a shortfall of 6 car parking spaces with respect to the requirements of the DCP. 

There are 17 visitor car parking spaces allocated on the street parking level off Wainwright Lane.

 

In this particular case it is assumed that 50% of the retail parking and 20% of the commercial parking will be taken up by clients or visitors to the site.  This equates to 7 retail spaces and 8 commercial spaces.  The residential component generates 12 spaces resulting in a total of 27 visitor spaces for the site. 

 

Visitor parking demands will not occur at the same time for the entire development, with peak resident demands occurring on weekends and evenings when the retail and commercial uses have ceased or decreased in intensity.  Also due to the proposal being very close to Kingswood railway station and public transport in general the demand for parking on site will be less than normal. 

 

The provision of on-site parking is considered to be adequate.

 

A condition will be imposed to ensure that the design of the parking area complies with the relevant Australian Standards.

 

Environmental

 

The site contains no substantial vegetation and a building previously used as a service station.

 

The development will achieve all BASIX targets for the residential components.  The proposal will provide a rainwater reuse system that will collect roof water in tanks in the basement then use this water for toilet flushing, car washing and irrigation purposes.  Rainwater from the storage tank will be pumped for distribution throughout the development in a non-potable water circulation system. 

 

The site has been remediated and is not considered to be contaminated.

 

The development can be considered to have a minimal impact upon the natural environment.

 

Impacts on External Amenity

 

·            Shadow impacts

 

The proposed development will result in overshadowing of properties on the southern side of Wainwright Lane.  The relevant standard to be applied is provided in SEPP 65 which indicates that in urban areas such as the Kingswood Business District at least 2 hours of solar access needs to be available in mid-winter.  The applicant’s shadow diagrams confirm existing and recently approved residential development to the south will still obtain this amount of solar access.

 

It should also be noted that redevelopment of commercially zoned in many cases has an impact on adjoining residential development.  In the circumstances of this case the impacts on solar access are considered to be acceptable.

 

·            Privacy

 

It is considered that the proposed setbacks and building separation provided in the building design maximise privacy between properties as much as possible. 

 

·            Noise

 

Excavation and construction noise can be controlled as much as possible through the provisions of the Protection of the Environment Operations Act 1997 and the NSW Environment Protection Authority Noise Control Guidelines.   Excavation/construction hours will be limited to

·          Mondays to Fridays, 7am to 6pm

·          Saturdays, 7am to 1pm (if inaudible on neighbouring residential premises), otherwise 8am to 1pm

·          No work is permitted on Sundays and Public Holidays.

 

Other construction works carried out inside a building/tenancy and do not involve the use of equipment that emits noise are not restricted to the construction hours stated above.  This matter can be controlled as a condition of consent.

 

The additional traffic generated by the proposed mixed use complex has been considered in detail and has been found to be at acceptable levels for the precinct. 

 

The applicant’s noise consultant has advised as follows:

 

“Noise generated by Council waste collection trucks are generally acceptable to residential occupants. Due to frequency of collection, i.e. once a week, it is not expected that residents will be severely impacted by this activity.

 

For activity noise generated by private waste removal, a time restriction should be applied as follows;

 

·    Before 8am or 8pm on Saturday, Sunday or public holiday,

 

·    Before 7am or after 8pm on any other day.”

 

These time restrictions are endorsed and will be applied as conditions of consent.

 

The noise consultant found that no modifications needed to be made to the proposed building with respect to minimising rail vibration.  With regard to traffic noise from Great Western Highway the noise consultant has provided detailed specification for glazing requirements for individual units.  These requirements can be enforced as conditions of consent.

 

In regard to potential noise emissions from the recently approved terrace level on the Kingswood Hotel site, the applicant’s noise consultant found that in most cases noise from the hotel would be inaudible above background noise.  However for those apartments in the extreme south–eastern corner of the proposed building the noise consultant has recommended the fitting of external glass louvers on the balconies to minimise noise reception by future occupants.  This matter can be covered as a condition of consent.

 

·            Social and Economic Impacts

 

The proposal is important in an urban design context in that it signals a new beginning for the Kingswood commercial area.  This proposal is considered to have positive social and economic impacts such as:

 

·          The development provides improved, environmentally sustainable, retail and office space, to attract and retain businesses for a regional city; 

·          Significant opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies; 

·          The complex also has the potential to allow health professionals and students to reside close to their place of employment and centre for learning; and

·          Increasing housing choice within the City, especially in regard to one bedroom apartments;

 

 

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

 

The Kingswood commercial area has been identified as a “Specialist Centre” and earmarked for future urban growth by both State Government and Council strategic planning exercises.  Specialist Centres are identified in the Metropolitan Strategy as areas containing major airports, ports, hospitals, universities, research and business activities that perform vital economic and employment roles across the metropolitan area.  Kingswood meets this criterion by containing both a university and a hospital.  The Metropolitan Strategy encourages increased housing densities and economic activity in these localities.

 

No significant vegetation occurs on the property to restrict development.  The site or lands in the immediate vicinity do not contain any identified items of Aboriginal or European heritage.  The site is not bushfire prone and all infrastructure services are available. All necessary geotechnical considerations have been given to the proposal.  The land size and shape is suitable for the development of a this scale.  The subject land has no constraints with respect to the form of development proposed.

 

The site is located at the eastern fringe of the Kingswood commercial centre.  The proposed development will provide a gateway to the City Centre, and add incentive for future redevelopment of the remainder of the Kingswood commercial strip.

 

 

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

 

·            Referrals

 

The development application was referred to the Roads and Traffic Authority.  Independent external consultants in architecture and town planning also assisted Council with its assessment.

 

The application was also referred to the following Council officers and their comments and conditions have formed part of the assessment and report:-

 

 

Council Officer

Comments/Conditions                        

Senior Building Surveyor

No objection subject to recommended Standard Conditions and Special Condition No’s 2.2 & 2.3.

 

Community Safety Co-ordinator

Concerns regarding compatibility of Uses to be addressed by Standard condition A017

No objections subject to recommended Special Conditions 2.22, 2.23, 2.24 & 2.25

 

Senior Development Engineer

Concern raised re: compliance of basement parking with the Australian Standard and as applied by Council’s DCP. Demonstrated Compliance with Australian Standard recommended as Special Condition 2.24. Other matters recommended to be addressed by Special Conditions 2.5 to 2.14 inclusive.

 

Urban Designer

Concurs with the Applicant’s assessment against SEPP 65 and recommends Special Condition 2.28.

 

Senior Traffic Engineer

No objections subject to recommended Special Conditions 2.16 to 2.19 inclusive.

 

Waste Services Co-ordinator

No objections subject to recommended Special Condition 2.26

 

·            Community Consultation

 

In accordance with Part 2.7 Notification and Advertising of DCP 2006, the application was placed on public advertising and notification in January and February 2009 (an extended period due to the holiday season). 

 

Four letters of objection have been received. The following is a summary of the objections.

 

Scale of development

§ The proposed 9 storey building is completely out of context with surrounding development. 

§ The height of the building is an ambit claim.

Residential Amenity

§ There is no space on-site for children’s recreation.

§ The size of apartments is too small.

Traffic congestion

§ There will be a problem of local traffic congestion at peak times.

§ There is traffic congestion in Wainwright Lane now as commuters park their cars in the lane.  Egress from existing driveways is difficult due to poor visibility and traffic movements in Wainwright Lane

Graffiti

§ There is a major graffiti problem in the area.  The proposal will exacerbate this problem. A new and effective management program needs to be developed before putting new buildings on the strip.

Crime

§ Have the police been consulted with respect to increasing density in an already “concentrated and difficult” environment.

Rail Usage

§ The rail carriages are full at peak times.  Is there enough capacity on the trains to accommodate the future residents of the development?

Solar access

§ The residents in the existing medium density housing on the southern side of Wainwright Lane have poor solar access during winter months.  The proposal will block out sunlight in winter to many adjoining residents.  The development should be limited to 5 storeys.

Kingswood Hotel and acoustic privacy

§ It is essential that any new mixed use/residential development adjoining the existing hotel be designed to minimise the potential for adverse noise impacts from legitimate hotel activities.

Loading and unloading

§ All loading associated with the proposed development should occur on-site and not in Wainwright Lane.

Construction Management

§ A Construction Management Plan needs to be prepared so that adjoining property is not damaged during the construction phase.

 

Where the issues raised have not been previously discussed in this report, the following commentary is provided in response:

 

Scale of development

 

The proposed development is 9 storeys high.  The existing development in commercial area is 2 storeys high, however Kingswood is earmarked as a “specialist centre” that will undergo significant growth over the next 25 years due to its proximity to infrastructure and services.  The proposed development will set a benchmark for future development and is not inconsistent with Council’s planning intent for the locality.  It is hoped that the proposed building will generate further development of the Kingswood commercial precinct, which will ultimately meet the desired future character of the area. 

 

Residential amenity

 

The apartments have been designed as one and two bedroom units in response to the perceived demand for housing to accommodate the large number of health and student populations in the locality.  One bedroom units will become more popular throughout Penrith as the community ages and will provide an opportunity for residents to stay in Penrith as they get older.

 

Graffiti and Crime

 

The development has the potential to create new populations in the local area that will provide passive surveillance of key public domain areas, which increase safety and may decrease the occurrence of graffiti.

 

Further, graffiti on the proposed development is more likely to be removed in a timely manner as part of the standard building management regimes.

 

Rail usage

 

The proposal conforms to current land use planning best practice of locating increased density of human occupation in close proximity to transport nodes.  The issue of increased rail patronage needs to be addressed by the state government in its scheduling of train services for the locality.

 

Construction management

 

This aspect will be covered as conditions of consent.

 

 

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

 

Building Code of Australia

 

The building is classified as Class 2 Apartments, Class 5 Office, Class 6 Shops; and Class 7a Car Park under the terms of the Building Code of Australia.  Should the application be supported, standard conditions can be imposed, which include compliance requirements for disabled access and facilities, essential services and fire safety certification.

 

Access

 

The development has been designed to satisfy the Building Code of Australia and the relevant Australian Standards in relation to access requirements and can satisfy the requirements of the Disability Discrimination Act 1992

 

The development application was accompanied by the Access Review, prepared by Morris-Goding Accessibility Consulting.  The report found that compliance with statutory requirements, pertaining to site access, common area access, accessible parking and accessible sanitary facilities can be readily achieved.  A condition is recommended to require the Access Consultant to sign off on compliance with the Australian Standard prior to issue of Occupation Certificate (See Standard Condition E006).

Section 94 Contributions

A number of Section 94 plans apply to this development and have been calculated utilising the per person rates, and associated credits, as defined in the relevant plans. Section 94 contributions are summarised as per the following table:

 

Plan

CW = City Wide

KW = Kingswood

 

Amount $

CW-Cultural Facilities

14,152

CW-District Open Space

177,390

CW-Footpaths

10,168

CW-Library Facilities

40,258

CW-Local Open Space

64,127

KW-Neighbourhood Centre

17,038

 

 

TOTAL

$323,133

 

 

All rates are subject to indexing on a quarterly basis and the adjustments to the payable contributions are made at time of payment.  Contributions will be required to be paid prior to the issue of a Construction Certificate.

Conclusion

The development proposal represents a significant proposal for the Kingswood locality and the Penrith local government area.  As such, it is expected to set the standard and encourage further redevelopment for the Kingswood commercial area.  The tower component of the development  provide a strong, landmark built form to the eastern entry to the Kingswood business district and in this context is considered to represent a suitable scale for the site and the future scale of the Kingswood business district.

 

Significant opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies.  The complex also has the potential to allow health professionals and students to reside close to their place of employment and learning.

 

It is considered that the proposed one and two unit apartments are well suited to the demand in the locality both in the short and long term.  This range of accommodation will provide positive social benefits. 

 

The Section 79C assessment has found no major flaws in the proposal and all outstanding matters can be addressed by conditions of consent.

 

After detailed consideration of all matters, it is recommended that Council grants consent to the proposal. 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA08/1333 for Demolition of a Service Station and Erection of a Nine (9) Storey Mixed Use Development on Part Lots 21 & 22, Sec 30, DP 1855 and Part Lot 46B DP 411863 (No. 182-190) Great Western Highway, Kingswood be received

2.     Development Application DA08/1333 for Demolition of a Service Station and Erection of a Nine (9) Storey Mixed Use Development on Part Lots 21 & 22, Sec 30, DP 1855 and Part Lot 46B DP 411863 (No. 182-190) Great Western Highway, Kingswood be GRANTED A 5 YEAR CONSENT (in accordance with S95(2) of Environmental Planning and Assessment Act 1979) subject to the following standard and special conditions and advisory notes:

Standard Conditions

 

2.1      A001 approved plans – architectural plans prepared by Turner & Associates, (Job No. 08040) in accordance with the following schedule:

 

Drawing Title

Drawing No

Issue

Prepared

Dated

Cover page, Location Plan & Drawing Schedule

DA00

F

Turner & Associates

13-03-09

Site Analysis

DA01

B

Turner & Associates

17-12-08

Site Plan / Roof Plan

DA02

C

Turner & Associates

13-03-09

Basement Parking Level 3 & Level 4

DA20

G

Turner & Associates

17-12-08

Basement Parking Level 1 & Level 2

DA21

J

Turner & Associates

16-02-09

Ground & Level 1

DA22

J

Turner & Associates

18-02-09

Level 2 & Levels 3-6

DA23

G

Turner & Associates

13-03-09

Levels 7 & 8

DA24

G

Turner & Associates

13-03-09

Sections

DA31

F

Turner & Associates

13-03-09

North Elevation

DA41

F

Turner & Associates

13-03-09

West & East Elevation

DA42

G

Turner & Associates

13-03-09

South Elevation

DA43

G

Turner & Associates

13-03-09

Shadow Diagrams

DA70

 

Turner & Associates

17-12-08

 

A011 - DCP Construction

A017- Separate DA for Commercial Uses

A019 - Compliance Certificate

A026 - Advertising sign

A039 - Graffiti

A046 - Construction certificate

B002 - Demolition Works

B004 - Dust (referring to demolition and excavation and construction of basement)

B005 - Mud/soil

D001 - Sediment and erosion control measures

D009 - Covered waste storage area

D010 - Disposal of excavated waste

E01A - BCA compliance for Class 2-9

E002 - BCA issues to be addressed (two (2) fire isolated stairs and travel distances from some residential units to the stair);

E006 - Disabled access and facilities (compliance report)

E009 - Fire safety statement

F006 - Water tank and nuisance

G002 - Section 73 (Sydney Water)

G004 - Integral Energy

H001 - Stamped plans and erection of site notice

H002 - Site requirements for construction

H003 - Traffic management and pedestrian management

H011 - Structural engineering plans and specifications

H025 - Construction of garbage rooms

H033 - Clothes lines

H041 - Hours of work

I003 - Roads Act Approval

K002 - Works As Executed

K019 - Connection to Council’s drainage system

K025 - Pavement seal

K027 - Car parking (118 car parking spaces)

K031 - IN/OUT Separation

K036 - Maintenance Bond

K037 - Performance Bond

N001-6 - Section 94 Contributions

 

Cultural Facilities                                  $14,152

District Open Space                                    $177,390

Footpaths                                                      $10,168

Library Facilities                                            $40,258

Local Open Space                                        $64,127

Kingswood Neighbourhood Centre      $17,038

                                                Total           $323,133

         

P001 - Applicants cost

P002 - Council Fees - Amended

Q001 - Notice of commencement

Q006 - Occupation Certificate for Class 2-9

 

 

 

Special Conditions

 

Construction

 

2.2     Suitable shoring practices are to be completed to protect any adjoining property from collapse. Details of shoring practices shall be certified by a Professional Engineer and submitted to Council prior to commencement of work.

 

2.3     A suitable hoarding is to be provided to protect the public during the construction phase.  Details of the proposed hoarding are to be submitted to the council with the Construction Certificate.

 

2.4     All construction vehicles and activities must be fully contained within the site. No vehicles associated with the construction or demolition activities are to stand on the Great Western Highway.

 

Engineering

 

2.5     A Roads Act approval under Section 138 of the Roads Act is to be obtained from the Roads and Traffic Authority for any works within the Great Western Highway road reserve.  In this regard the Roads Act approval from the Roads and Traffic Authority is to be gained prior to the issue of the Construction Certificate for the development and prior to the separate Roads Act approval being granted by Council for the driveway and footpath works.

 

2.6     A dilapidation report of all Council owned infrastructure fronting the development in the Great Western Highway and in Wainwright Lane is to be submitted to Council prior to the commencement of construction.  The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

 

2.7     An Engineering Construction Certificate for the provision of engineering works in the road reserves is to be approved by the Certifying Authority. Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design.

 

2.8     Basement entry levels are to be designed so that overland water flow does not reach the basement. Details are to be provided to Council for consideration and approval prior to the commencement of works.

 

2.9     Pits in driveways and parking aisles shall be installed with medium duty grates.

 

2.10   New heavy duty double width kerb and footway crossing shall be provided in Wainwright Lane.

 

2.11   Any redundant gutter crossings shall be reinstated with kerb and gutter to Council’s satisfaction.

 

2.12   Damaged kerb and gutter shall be reinstated for the full frontage of the site in Great Western Hwy and in Wainwright Lane to Council’s satisfaction.

 

2.13   The concrete footpath along the full frontage of the site in Wainwright Lane and the Great Western Highway shall be constructed to Council’s requirements.

 

2.14   Prior to issue of the construction certificate, the stormwater connection from the site to Council’s stormwater system in the locality shall be designed to Council’s satisfaction.

 

Noise

 

2.15   Compliance with the recommendations contained in the Updated Acoustic Report (Report No. 20C-08-0227-TRP-451121-4) prepared by Vipac Engineers & Scientists Ltd., 13th March 2009).

 

Traffic

 

2.16   Full time ‘No Stopping’ restrictions are to be provided 10 metres either side of and opposite the access driveway on Wainwright Lane to facilitate heavy vehicle movements, with the installation of signage at no cost to the RTA or Council.

 

2.17   Loading and unloading of vehicles associated the development shall not occur on Great Western Highway.

 

2.18   Appropriate sight lines must be maintained form the proposed driveway fronting Wainwright lane in accordance with AS 2890.1 (2004).

 

2.19   All vehicles are to enter and exit the development in a forward direction.

 

Adaptability

 

2.20   Prior to the issue of a Construction Certificate appropriate documentation is to be submitted to demonstrate that at a minimum, 10% of all residential units (6 units) are to be designed according to the adaptable housing code (AS4299).  Also these residential units are to be provided with accessible parking in accordance with AS4299. 

 

 

 

 

SEPP 65

 

2.21   Prior to the issue of an Occupation Certificate for Stages 1 and 2, signage, maintenance issues and waste management are to comply with the requirements of the State Environmental Planning Policy No 65 – Residential Flat Design Code Better Design Practice statements.

 

Security Management Plan

 

2.22   Prior to the issue of an Occupation Certificate a Security Management Plan is to be provided detailing the management of the building(s) and strategies to promote safety and deter crime and antisocial behaviour. This includes use of security personnel, CCTV, access control measures (eg. swipe cards), building alarms and use of intercoms for apartment buildings. This Plan shall also include measures to provide security to lifts and the through the site’s pedestrian link after retail and commercial operating hours to maintain the safety and security of residents.

 

Lighting

 

2.23   Prior to the issue of an Occupation Certificate, the development shall be provided with lighting in the following manner:

 

a)   Under awning lighting shall be provided along the Great Western Highway building frontage and Wainright Lane frontage, to clearly illuminate pedestrian walkways and entry/exit points.

b)   All entrances/exits shall be well lit to clearly illuminate these areas where people are most vulnerable. 

c)   All lighting shall be vandal proof.

d)   Lighting shall be contained within the property boundary and no lights shall be projected upwards (uplighting of landscaping shall be restricted to tree canopy only).

e)   No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians. 

f)    All street awnings attached to the development should be fitted with under awning lighting.

Car Parking

2.24   Prior to the Occupation Certificate the basement car park shall be treated in the following manner:

 

a)   Vehicle access to all levels of the basement car park shall be accessible by tenants/residents/business operators of the building and their authorised guests only.  Access to the car parking area from Wainwright Lane shall be controlled by an automatic roller shutter with residents and retail patrons having access control devises.  This would minimise/prevent vandalism, theft and crime to vehicles and graffiti vandals from entering the basement areas.  In addition, the safety of persons would be greatly increased.

 

b)   A security system shall be installed on the pedestrian entry/exit points to the basement, including lifts and internal/external stair wells.

c)   All surfaces shall be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible.

d)   All potential entrapment points shall be avoided, eg. under stairs, blind corners and wide columns.  Adequate lighting and mirrors shall be used when certain design features are unavoidable.

e)   An intercom security system and emergency help points shall be installed in all levels of the car park.   

f)    The lifts shall have restricted access to tenants/residents/business operators and be fitted with emergency alarms/phones.

g)   Colour-coded lettering or similar shall be used to identify sections of the car park and assist way-finding in the car park.

h)   Access to waste rooms and storage areas shall be restricted to authorised persons only, with access restricted through the use of a security wipe card system or similar.

                   The layout of the car parking areas associated with the subject development including driveways, access ramp grades, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1 & 2, (2004). Full details demonstrating compliance must be submitted with the Construction Certificate.

 

                   Subleasing of car parking spaces is not permitted by this Consent.

 

 

Street Numbering

 

          2.25   Prior to the Occupation Certificate, the building shall be clearly identified with street numbers visible to assist visitors and emergency services.

 

Waste Management

 

          2.26   Prior to the issue of an Occupation Certificate the development shall provide for waste management in the following manner:

 

a)   The garbage chute system is to comply with the Building Code of Australia.

 

b)   The recycling rooms at each residential level shall be of sufficient size to house 2 x 240 litre mobile bins.

 

c)   The recycling bin rooms, garbage chutes and residential and commercial waste rooms are to be suitably signposted.

 

d)   The gradient of the ramp leading from the garbage rooms to the exit door at Wainwright Lane shall not be steeper than 1in 14.

 

e)   The proposed access door and roller shutters to the loading dock are to be provided with an ABLOY locking system to be installed by Council at the developer’s expense. Council and/or collection contractors will hold the master key.

 

f)    Sufficient space must be provided at the Wainwright Lane level for the storage of bulky goods/furniture prior to its removal.

 

g)   After occupation, waste storage and servicing will ensure the following operations:

•   Right of access onto the site by Council’s waste collection contractors is to be provided and Council and its contractors must be indemnified against any property damage or personal injury.

•   The loading dock must be clear of vehicles in order for bins to be collected.

•   Bins are not to be placed on the street for collection.

•   Waste bins and waste collection areas are not to be accessible to the public or left unsupervised for collection.

 

                   Waste management shall comply with the Waste Management Plan prepared by Cityscape Planning & Projects dated December 2008.

 

Landscaping

 

          2.27   Prior to the Occupation Certificate, landscaping is to be completed in the following manner:

         

a)   External walls shall be designed with adjacent furnishings so they are not skateable.  When this is not possible, anti-skate devices shall be robustly incorporated.

b)   Public art shall be incorporated into the landscape design. The applicant is to liaise with Council’s Cultural Development Officer in this regard.

c)   An uncoloured broom finish concrete is to be provided on footpaths at the Great Western Highway and Wainwright Lane frontages with appropriate joining between slabs. The extent of the paving shall interface with a “private property” paving type at an appropriate point.

d)   Placement of street trees is to consider street lighting and major street signs.

e)   Underground electrical wiring to permit street trees to mature and provide character for the urban/residential interface is encouraged.

 

                   Prior to the issue of the Construction Certificate and to ensure early order of stock, the applicant is to liaise with Council’s Landscape and Urban Design Supervisor regarding the street tree species and street furnishings to be nominated.

 

Architectural

 

          2.28   The design of the building shall achieve an ABGR rating of 4.5 stars (Australian Building Greenhouse Rating). Documentary evidence is to be provided prior to the issue of an Occupation Certificate.

 

                   A 20,000 litre water tank shall be provided in the basement for rainwater re-use.

 

                   An additional car wash bay shall be provided adjacent to bay shown on the plans.

 

                   The colonnade shall incorporate surveillance security cameras and additional lighting to minimise vandalism, theft and crime as this area would be “out of sight” from other more public areas fronting the Great Western Highway and Wainwright Lane.

 

                   The following main bathrooms’ layout and door should be mirror reversed so that toilet pans and basins are not seen when entering the apartment – all 201 and 210 apartments on Levels 2-6, A701, A717, A801 and A804.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Section Plan

1 Page

Appendix

3. View

Elevations

1 Page

Appendix

4. View

Elevations

1 Page

Appendix

5. View

Basement Floor Plan

1 Page

Appendix

6. View

Ground Floor Plan

1 Page

Appendix

  


Ordinary Meeting

25 May 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 2 - Section Plan

 

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 3 - Elevations

 

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 4 - Elevations

 

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 5 - Basement Floor Plan

 

 

 

 

 


Ordinary Meeting

25 May 2009

Appendix 6 - Ground Floor Plan

 

 

 

  


 

 

The City In Its Environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

The City as an Economy

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City Supported by Infrastructure

 

Item                                                                                                                                       Page

 

13      Tender Number 12-08/09 Provision of Tip Truck Hire

 

14      Tender No 10-08/09 Provision of Locksmith Services

 

 



Ordinary Meeting

25 May 2009

The City Supported by Infrastructure

 

 

The City Supported by Infrastructure

 

 

13

Tender Number 12-08/09 Provision of Tip Truck Hire   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Authorised by:             Hans Meijer, City Works Manager   

Strategic Program Term Achievement: An asset management strategy is in operation for civil infrastructure that optimises its use and maintains it to agreed standards fit for its contemporary purpose.

Critical Action: An Asset Management Strategy for civil assets is developed, maintained and implemented.

     

Purpose:

To report on the outcome of a tender to establish a Panel of suppliers for the hiring of Tip Trucks on an as required basis for a period of 2 years with an option to extend the agreement for a further 1 year period. The report recommends that the information be received and that all tenderers who submitted a conforming response be accepted onto the Truck Hire list.

 

Background

Existing Supply Agreements for the hire of Tip Trucks expired on 30 April 2009.

 

New Tenders were issued for the hire of Tip Trucks for a two (2) year period with an option to extend the agreement for a further 1 year period with allowance for rise and fall provisions. Tenders closed on 24 March 2009.

 

Submissions were requested for the following range of Tip Trucks, with operators that would be required by Council as required to supplement its existing fleet, and to cater for specific work applications to assist in the timely completion of Council’s work program:

 

·    RTA Class 1R2 8-10 Tonne

·    RTA Class 1R3 13-15 Tonne

·    RTA Class SR4-Short Combination Truck 3x3 42.5 Tonnes or less

 

The tender documents specified that all companies that submitted a conforming response to the tender would be accepted onto the Truck Hire listing. The tender documents also specified that the Council would publish a final list of Suppliers for each truck capacity specified in the Tender. These are to be placed into the following classifications:

 

·    Trucks offered by Owner/operators

·    Trucks offered by Fleet Owners

The order in which trucks are placed on the initial hire lists shall be as follows:

·    Fleet owners by tendered hourly rate, from lowest to highest

·    Lorry owner/drivers, by random order

 

All requirements for the hire of tip trucks will be on an as required basis, with no commitment to purchase any specific quantity over the period of the agreement.

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the type and capacity of tip trucks, unit rates (Fleet Operators only), age, registered number, and chassis number.

 

Process for the selection/hire of Trucks

Fleet Owners

The selection process specified in the Tender for the hire of trucks is as follows.  Work shall be awarded to fleet owners’ trucks on Council’s Hire of Trucks list based on the following criteria:

 

·    Type of truck/s required

·    Price

·    Availability of tendered truck/s

·    Reliability of truck/s and/or driver

·    Work performance

·    Age of the Truck(s)

·    Local fleet owner preference where all other criteria are equal

 

Owner/Drivers

Work shall be awarded to those lorry Owner/drivers on Council’s Hire of Trucks list based on the following criteria:

 

·    Type of truck/s required

·    The need to hire from lorry owner/drivers

·    Availability of tendered truck

·    Reliability of truck and/or driver

·    Work performance

·    Local lorry owner/driver preference

·    Age of the truck

 

The process of selection for the hire of Tip Trucks will be closely monitored by the Supply Coordinator to ensure the fair allocation of work to Owner/Drivers and/or Fleet Owners.

Tender Evaluation

The Tender Evaluation committee consisted of Mal. Ackerman (Supply Coordinator), Anthony Zukauskas (Works Supervisor) and Robert Lewis (Acting Supply Officer).

 

The selection criteria advertised and used in determining the final Hire of Trucks list was as follows:

 

·    Hire rates and location of business

·    Compliance with the truck requirements

·    Compliance with the Operator Competency requirements

·    Compliance with OH&S requirements

·    Compliance with Mandatory requirements.

 

All tenders received were assessed against these criteria.

 

Tender submissions

The following tables (Alphabetical order only) indicate the tenders received for each of the truck types specified from Fleet Owners and Owner/Operators.

 

Table 1- Fleet Owner responses

 

Company Name

Location/Address

A T Johnson Pty Ltd

50 Luxford Road Londonderry 2753

C & C Cremona P/L

57 Howell Rd Londonderry 2753

Earth Civil (NSW) P/L

PO Box 69 Picton 2571

EDSOG P/L

33 Hansens Road Minto Heights 2566

G & F Plant Hire

33 Eleventh Avenue Austral  2179

J & J Dimech P/L

319 Luddenham Rd St Marys 2760

J Fairhall Earthmoving P/L

12 Cox Ave Kingswood 2747

Jeffsan Excavations P/L

457 Castlereagh Rd Agnes Banks 2749

Kenna Contract Hire

33 Eleventh Avenue Austral  2179

Lion Earthworks P/L

Unit 10, 7-9 Production Road Taren Point 2229

Mordine Pty Ltd

90 Sixteenth Avenue Austral  2179

N & M Bray

26 Little Street Camden 2570

P & D Mizzi P/L

18 Timothy Rd Londonderry 2753

Premier Plant Hire

PO Box 201  Kemps Creek 2178

R & K Deguara

30 Jersey Road Bringelly 2556

Raygal Pty Ltd

PO Box 469 Kellyville 2155

 

Table 2 Owner/Driver Responses

 

Company Name

Location/Address

A & L Excavation & Haulage

22 Jensen Street Colyton 2760

A1 Bobcat & Tipper Service

PO Box 1040 Menai Central 2234

Davinya Pty Ltd

po Box 150 Cranebrook NSW 2749

J Fairhall Earthmoving Pty Ltd

12 Cox Ave Kingswood 2747

JP & J Refalo

68 Post Office Road Castlereagh 2749

LGS Plant Hire

145 Kestrel Way Yarramundi 2753

LRA Transport

4 Billet Street Silverdale NSW 2752

Michael Collins

2 Sunray Cres St Clair 2759

P & R Xiberras P/L

404 Nutt Rd Londonderry 2753

Phil Little

81 Colebee Cres Hassal Grove 2761

Ronald J Roser Tipper Hire

35 Newham Drive Cambridge Gardens 2747

Supreme Earthmoving P/L

3 Coallee Place South Penrith NSW 2750


 

Comments

There were only 2 Tenderers who did not demonstrate that they met the requirements.

Kenna Contract Hire did not offer the normal tip truck configuration (they offered dump style off road trucks) and therefore did not meet the specified equipment requirements.

Mordine Pty Ltd did not submit a completed mandatory price schedule and were therefore excluded from the evaluation.

 

All other tenderers fully met the tender requirements.

 

In some cases, the same truck from the same provider was offered for both 13-15 tonne capacity and 42.5 tonne capacity.  In the case of the larger capacity tip truck, the same prime mover/truck is offered with an attached Dog Trailer to meet the required capacity.

 

There were no declared conflicts of interest by any of the tenderers.

 

All fully compliant tenders should be accepted, and the supplier with the required equipment meeting the selection for hire criteria will be utilised, as and when required, in accordance with the terms of engagement.  All tenderers accepted will be given a copy of the Truck Hire listing for the applicable truck capacity, as tendered by them, showing the priority listing, according to the specified tender evaluation criteria.

 

The complete Truck Hire Listing for each Category and Truck Size can be found in the appendix to this report. 

 

Truck Hire Rates and basis for hire of trucks

 

The attachment to this report sets out the Truck rates for both Lorry/Owner drivers and Fleet Owners.

 

The process for engaging Trucks from the list of approved tenderers for Council work will be as follows;

 

·    Where the hourly rate for the Lorry/Owner driver is less than the Fleet Owner a Lorry/Owner driver from the list will be selected on a rotating basis subject to availability.

·    Where the Fleet Owner truck hourly rate is lower than the Lorry/Owner driver then the lowest rate Fleet Owner will be engaged subject to availability.

·    In the event that a Fleet Owner with a rate lower than the Lorry/Owner Driver are unavailable then the Lorry/Owner driver truck shall be selected on a rotating basis again subject to availability.

·    In the event that any of the Lorry/Owner driver trucks are unavailable then the next available lowest price Fleet Owner will be engaged. Where the rate of the Lorry/Owner Drivers are the same as any Fleet Owner (assuming that there are no lower Fleet Owner rates) then the Lorry/ Owner Driver shall be selected on a rotating basis, subject to availability.

 

 

 

Industrial Relations

There are two (2) sets of conditions applicable to the Truck hire industry as follows:

Owner/Drivers

All-inclusive hourly rates payable to Owner/Operators (includes capital cost, running cost, Insurance, overheads and labour cost) will be strictly in accordance with the TWU Transport Industry – Excavated Materials Contract Determination IRC No. 4900, as ratified and gazetted by Department of Commerce Industrial Relations Department.

 

The current all-inclusive Contract Determination rates for each truck size, as specified in the tender documents, are as follows (the last rate review was issued August 2008):

 

·    RTA Class 1R2 8-10 Tonne $54.637/hr

·    RTA Class 1R3 13-15 Tonne $85.076/hr

·    RTA Class SR4-Short Combination Truck 3x3 42.5 Tonnes or less $132.345/hr

 

The all-inclusive rates are reviewed and updated annually, on 1 July each year.

 

Fleet Owners (operating more than one truck)

 

The Fleet owners are required to pay Truck operators in accordance with the Transport Construction Industry State Award. The structure of the total rate, including the equipment, is purely up to the Fleet Owner. The current award rates of pay for drivers are as follows:

 

·    Grade 4, 9-15 tonne $21.30 per hr (casual rate)

·    Grade 6, 30-60 tonne $22.46 per hr (casual rate)

 

Under the terms of the Truck Hire agreement, Fleet Owners are required to provide a statement verifying payment of the operators in accordance with the applicable award.

 

In some cases, Fleet Owners submitting a response to the tender have elected to offer their trucks in accordance with the Contract Determination rates.

 

In the event that the existing Industrial Relations conditions are superseded, during the stated term of the agreement, Council will ensure that the legally determined rates are applied for any remaining period.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Number 12-08/09 Provision of Tip Truck Hire be received.

2.     The tenders received from A T Johnson Pty Ltd,C & C Cremona P/L, Earth Civil (NSW) P/L, EDSOG P/L, G & F Plant Hire, J & J Dimech P/L, J Fairhall Earthmoving P/L, Jeffsan Excavations P/L,  Lion Earthworks P/L, N & M Bray, P & D Mizzi P/L, Premier Plant Hire, R & K Deguara & Raygal Pty Ltd. (Fleet Owners) be accepted and included in the relevant Truck Hire listing for a period of twenty-four (24) months with an option to extend the arrangements for a further twelve (12) month period with provision for rise & fall.

 

3.     The tenders received from  A & L Excavation & Haulage, A1 Bobcat & Tipper Service, Davinya Pty Ltd, J Fairhall Earthmoving Pty Ltd, JP & J Refalo, LGS Plant Hire, LRA Transport, Michael Collins, P & R Xiberras P/L, Phil Little, Ronald J Roser Tipper Hire & Supreme Earthmoving P/L (Owner/Operators) be accepted and included in the relevant Truck Hire listing for a period of twenty-four (24) months with an option to extend the arrangements for a further twelve (12) month period with provision for rate adjustments in accordance with the TWU Transport Industry – Excavated Materials Contract Determination IRC No. 4900.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Truck Hire Schedule

5 Pages

Appendix

  


Ordinary Meeting

25 May 2009

Appendix 1 - Truck Hire Schedule

 

 

 





 


Ordinary Meeting

25 May 2009

The City Supported by Infrastructure

 

 

The City Supported by Infrastructure

 

 

14

Tender No 10-08/09 Provision of Locksmith Services   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Graham Howe, Acting City Works Manager - Building

Authorised by:             Hans Meijer, City Works Manager   

Strategic Program Term Achievement: A building asset maintenance strategy is in operation that maintains those assets to appropriate standards fit for their contemporary purpose and addresses the increased costs of maintaining additional buildings.

Critical Action: Complete a register of assets and condition assessment of Council buildings.

     

Purpose:

To advise on the outcome of Tender 10-08/09 for the provision of Locksmith Services on an as required basis for an initial period of 3 years with an option to extend the agreement for a further 2x1 year periods (with provision for rise & fall) subject to satisfactory performance.  The report recommends that Council accepts the tender from Neverest Securities Pty Ltd Trading as Mul-T-Security.

 

Background

As a result of earlier investigations by the previous Building Services Manager a decision was made in 2005 to replace all existing building lock systems on an as required basis (ongoing) with the Abloy “Protech” system of locks which would provide Council a higher level of security to its various properties and was assessed as easier to manage requiring less administration.

 

There was an identified need to secure a longer term arrangement to ensure consistency, security and quality of supply.

 

As a result it was decided to call public tenders for the provision of all Locksmith Services.

 

Current Situation

A new tender for the provision of Locksmith Services for an initial period of three- (3) years with an option to extend for further 2 X 1-year periods was advertised in the Penrith Press, Sydney Morning Herald and placed on the e tendering web site 10 February 2009 and closed on 10 March 2009.

 

The scope of requirements included the provision of the following services;

·    General locksmith repairs

·    Replacement/upgrade of existing entry (Security Key systems) locks to Council standard configuration

·    Provision of new entry locks, padlocks, keys and all general hardware relating to locking and access to Council owned properties.

·    Key cutting

 

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 17 February 2009. 

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

Tender Evaluation Committee

The Tender Evaluation committee consisted of Mal Ackerman, (Supply Co-ordinator), Robert Lewis (acting Supply Officer) and Graham Howe (Acting City Works Manager-Building )

 

Tender Evaluation Criteria

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

 

Locksmith Services

·    Service Requirements  

·    Demonstrated Ability   

·    Personnel & Resources         

Pricing

·    Unit Rates & Prices

·    Payment Incentives

Business Management

·    Industrial Relations

·    Reporting Capabilities

·    Occupational Health & Safety Management

·    Quality Assurance Management

·    Environmental Management

 

Summary of tenders received

A total of seven (7) responses were received in accordance with the conditions of tender

 

Tenderer

Address

API Security Pty Ltd

12 Frederick St St Leonards

Architectural Locksmith Services Australia Pty Ltd

188 Norton Street Leichhardt

CS Locksmiths

21A Forest Road, Arncliffe NSW 2205

Independent Locksmiths & Security Pty Ltd

552 Church Street Parramatta

Kosna Pty Ltd

Shop 1 Severn Street St Marys

Neverest Securities Pty Ltd Trading as Mul-T-Security

Shop11/98 Henry Street Penrith

Olympic Locksmiths Pty Limited Trading as Nepean Locksmiths

284 Victoria Road, Gladesville

 

 

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 and are capable of providing all of the specified services. The highest ranked tenderer following the compliance evaluation was Neverest Securities Pty Ltd Trading as Mul-T-Security.

 

Conflicts of interest

There are no disclosed conflicts of interest from any of the tenderers.

 

Unit Prices

The proposed agreement is based on unit rates and it was stated in the tender that the successful tenderer will be engaged to perform the services on an “as required” basis during the term of the agreement.

The comparison of the tendered rates is based on the hourly rates offered to perform the services and the cost of key cutting including the supply of the key.

 

 

Comments

The hourly rates tendered by Neverest Securities Pty Ltd Trading as Mul-T-Security are far below those submitted by the other tenderers. Although the rate for key cutting services is higher than some of the other tenderers this is not a major expenditure item. The majority of requirements will be the use of personnel to provide various Locksmith services.

On this basis the tender from Neverest Securities Pty Ltd Trading as Mul-T-Security represents the best value for money to Council.

 

Over the last 12 months Councils expenditure for this service was approximately $78,000. Based on the new rates tendered by Neverest Securities Pty Ltd Trading as Mul-T-Security, savings are expected.

 

The evaluation panel determined that there was no advantage to Council in considering the higher priced offers.

 

Neverest Securities Pty Ltd Trading as Mul-T-Security is a private Penrith Based Family Company with their shop located in Henry Street which has been trading in Penrith since 1998. The 2 directors are Owen and Martin Rogers. Both are local residents (since 1975).  They are currently providing similar Locksmith Services to the Department of Defence sites at Glenbrook, Richmond and Orchard Hills. They have been under contract to the Department of Defence for over 5 years they also have existing contracts with Penrith Lakes Development Corporation and Qantas Services Richmond. They are very well credentialed and hold all of the necessary licences. They employ two (2) apprentice Locksmiths and are also seeking to increase the intake by a  further two (2) during 2009.

 

Conclusion

Currently all Locksmith services are provided by Olympic Locksmiths Pty Ltd trading as Nepean Locksmiths. Although their performance has been more than satisfactory other tenderers have also demonstrated they are also capable of providing the same level of service.

 

Based on the highest ranking in the area of compliance and the lowest price unit labour rates the tender received from Neverest Securities Pty Ltd Trading as Mul-T-Security represents the best value for money tender to Council and are recommended by the evaluation panel as the preferred Contractor for the provision of all Locksmith Services.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender No 10-08/09 Provision of Locksmith Services be received.

2.     Neverest Securities Pty Ltd Trading as Mul-T-Security be awarded the contract for the provision of Locksmith Services for a period of 3 years with an option to extend the agreement for a further 2x1 year periods (with provision for rise & fall) subject to satisfactory performance.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Leadership and Organisation

 

Item                                                                                                                                       Page

 

15      Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Freda Whitlam, AM

 

16      Annual Insurance Renewals - Liability & Industrial Special Risk

 

17      Councillor Representation on an External Organisation

 

18      Samuel Marsde n Road Riding Facility Committee - Appointment of Committee Members

 

19      2008-09 Borrowing Program

 

20      Annual GST Compliance Certificate

 

21      2009 Local Government Remuneration Tribunal Determination

 

22      Summary of Investments & Banking for the period 1 April 2009 to 30 April 2009 

 

URGENT

 

24      Result of the Request for Quotation for Council's Advertising Services

 

 



Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

15

Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Freda Whitlam, AM   

 

Compiled by:                Colin Dickson, Acting Economic Development and City Marketing Manager

Authorised by:             Colin Dickson, Acting Economic Development and City Marketing Manager  

Requested By:             Councillor John Thain

Strategic Program Term Achievement: Council has reviewed its own role and operations and has adopted contemporary practices to best discharge its charter.

Critical Action: Review current structures and procedures supporting Council and Councillors responsibilities.

     

Purpose:

To seek Council's approval to grant a certificate as an Honoured Citizen of the City of Penrith to Freda Whitlam, AM.  The report recommends that the Civic Recognition of Honoured Citizen of the City of Penrith be so conferred and a civic reception be held to commemorate the award.

 

Background

The spirit of a City comes from the contributions of its people to the life of the community.

Mostly, these are small contributions that collectively add to the overall tone of the community. In a few instances, however, individuals make some sort of significant contribution to the community that is worthy of special recognition. This recognition can take several forms and may also comprise a combination of one or more of the following:

·      Australian Honours

·      The Granting of the Key to the City

·      The bestowing of Honoured Citizen of the City of Penrith

·      The bestowing of Honorary Citizen of the City of Penrith

·      Penrith City Australia Day Awards

·      Letters of Congratulation

·      Wall of Achievement (awarded by Council)

·      Mayoral Minute (at a Council meeting)

·      Civic Receptions (arranged by Council)

·      The granting of Freedom of the City

Council, at its Meeting on 7 February 2000, adopted a Protocol and criteria for granting the Key to the City of Penrith, Honorary Citizen of the City, and Honoured Citizen of the City. In adopting the criteria that follows, Council took into consideration the various forms of Civic recognition currently available, to ensure that the granting of these significant civic honours is kept only for individuals of the highest calibre.

Key to the City of Penrith

·      As acknowledgement, by the City, of an individual’s contribution to the City of Penrith

·      As an acknowledgement of a high level of achievement in the individual’s chosen field

·      As an acknowledgement of the individual’s contribution to world affairs or the achievement was or has been of significance to the world.

Keys to the City have been provided to Dame Joan Sutherland, Richard Bonynge and Isamu Okamura, former Chairman of the Fujieda International Friendship Society.

The criteria for receiving an Honoured Citizen Certificate are:

·      Acknowledgement, by the City, of an individual who resides in the City and their contribution to the City of Penrith

·      Acknowledgement of a high level of achievement in the individual’s chosen field

·      Acknowledgement of the individual’s significant contribution to Australia.

The status of Honoured Citizen of the City of Penrith was bestowed upon the Hon Faye Lo Po’ AM on 6 June 2003, the Hon Ron Mulock AO on 7 November 2003 and the Hon. Peter Anderson AM on 18 August 2007.

 

Honorary Citizen of the City of Penrith

·      As acknowledgement, by the City, of an individual who does not reside in the City and their contribution to the City of Penrith

·      As an acknowledgement of a high level of achievement in the individual’s chosen field

·      As an acknowledgement of the individual’s significant contribution to Australia.

The status of Honorary Citizen of the City of Penrith was bestowed upon Sir Ian Turbott AO, CMG, CVO on 5 April 2008.

 

Current Situation

Councillor John Thain has requested a report on bestowing an Honoured Citizen of Penrith award to Freda Whitlam.

Freda Whitlam fulfils the criteria adopted by Council to receive this Civic recognition.

Freda Whitlam was born on 11 September 1920 at Mosman and was educated at Presbytery Ladies College, Pymble and Abbotsleigh Anglican School, Wahroonga. She enrolled at Melbourne University in 1946 and graduated three years later with a Bachelor of Arts degree. Freda also graduated from Yale University in the United States of America with a Master of Arts in 1955.

Freda moved to Penrith in late 1976 because she believed it to be a growing and developing area and that she possessed the experience to assist with that growth. That she did, as can be seen from her long and outstanding record of achievement within the Penrith community that is detailed below. Today, Freda is so well known in Penrith and across Western Sydney that she scarcely needs an introduction. She is a respected former principal of the Presbyterian Ladies College, Croydon and a former Moderator of the NSW Synod of the Uniting Church (only the second woman to hold that office - the highest position in the church).

Six months after moving to Penrith (mid 1977) Freda was invited to join the organising sub-committee of the Edinglassie Retirement Village at Emu Plains. She was elected in September 1977 to the initial Edinglassie Administrative Committee, and from October 1979 Freda conducted weekly classes on subjects of interest to residents. By December 1979 this “School for Seniors” had enthusiastic membership from both residents and members of the general community. Her commitment continued until the end of 1984 but the “School for Seniors” was only a part of Freda’s ongoing contribution to Edinglassie. Elected to the board in 1982, she remained an active member until she eventually retired in 1999, serving a term as Chairperson.

The vision and drive to introduce the University of the Third Age (U3A) to Penrith was Freda Whitlam’s, a vision that became a lasting passion. U3A was introduced to Australia in 1984 and in February 1990 Freda initiated a meeting at the Council Chambers to discuss the establishment of a branch of U3A in Penrith. The Penrith branch known as the “Chifley Chapter” began in 1990 with Freda serving as its first President from 1990-1993. Freda actively encouraged older people to join U3A and become involved in learning. Commencing with 53 participants and 16 courses U3A now offers over 100 classes to more than 1,000 participants. In February 1998 Freda was presented with the first life membership of the U3A “Chifley Chapter” in recognition of her dedication and leadership in the U3A and being its “founding mother”.

As a staunch advocate for the virtues of Penrith, Freda had for almost 20 years been interested in, insisting on and working towards the development of a University in Western Sydney. In 1988 she became a member of the interim committee for the Chifley University Foundation and in 1992 was appointed to the newly established UWS Nepean Community Advisory Council. One of the reasons we have a University of the standing that we have today is due in no small part to the almost 20 years of continuous voluntary, enthusiastic and unqualified support, lobbying and endorsement that Freda gave to this project. So it was most fitting that in October 1992, Freda Whitlam was honoured by the University of Western Sydney Nepean when the University’s new general teaching building was named after her at a ceremony at the Kingswood Campus. The Freda Whitlam building would become instrumental in promoting the disciplines of engineering and computer studies at UWS Nepean.

 

Then in September 1999 Freda was again honoured by being awarded the degree of Doctor of Letters honoris causa of the University of Western Sydney, a rare distinction. The award was offered in recognition of her outstanding contributions to the community and to the University and her strong advocacy and contributions towards the ideals of the University.

 

In addition to these outstanding achievements Freda also:

 

·    Served on the Cumberland Area Health Board

·    Sat on the selection panel for the Penrith City Sister Cities Association Student Exchange Program

·    Was Chairperson of the Q Theatre from 1993-1997

·    Was a member of two ethics committees – the Hawkesbury Campus of the University of Western Sydney Ethics Committee and the Western Sydney Area Health Service Human Research Ethics Committee for eight years

·    On 26 January 1987 received the award of Member of the Order of Australia (AM) for service to education and to the community.

 

Since moving to Penrith over three decades ago Freda has become one of the area’s greatest advocates and she has regularly sung the praises of the western suburbs, usually to the detriment of other parts of Sydney to anyone who would listen. Now well into her 80’s Freda continues to encourage and inspire, evoking respect and awe in those around her. Over many years Freda has displayed an extraordinary breadth of knowledge as she addressed countless conferences, organisations, groups and meetings with wit, humour and scholarship. To all of these groups, no matter how large or small she has devoted her time and expertise in a voluntary capacity in a true demonstration of her devotion to her adopted community of Penrith.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Freda Whitlam, AM be received.

2.     Council bestow the Civic recognition of Honoured Citizen of the City of Penrith upon Freda Whitlam AM, at a Civic Reception, to be held at a mutually convenient time.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

16

Annual Insurance Renewals - Liability & Industrial Special Risk   

 

Compiled by:                Ken Muir, Risk Management Co-ordinator

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

Strategic Program Term Achievement: A contemporary system of risk management and internal control is operating.

Critical Action: Develop and implement an enterprise risk management policy and plan including integrated risk management, compliance and internal control systems that identify, assess, monitor and manage risks throughout the organisation.

     

Purpose:

To consider the claims excess layers for insurance cover with Westpool and United Independent Pools.  The report recommends that Council maintains its existing excess for liability and property insurance.

 

Background

Council is a founding member of two local government insurance pools - Westpool and United Independent Pools (UIP).

 

Westpool comprises the following Local Government bodies:

 

§ Blacktown City Council

·    Liverpool City Council

§ Blue Mountains City Council

·    Parramatta City Council

§ Fairfield City Council

·    Penrith City Council

§ Hawkesbury City Council

 

 

Liability cover is provided through Westpool. Councillor Ross Fowler OAM has been Chairperson of Westpool for the last 14 years.

 

UIP was formed by members of Westpool and METROPool to spread the risks, share resources and stabilise premiums. UIP comprises the following Local Government bodies:

 

·    Westpool Councils

·    Hunters Hill Council

·    Auburn City Council

·    Lane Cove Council

·    Botany Bay City Council

·    Marrickville Council

·    Holroyd City Council

·    Rockdale City Council

 

 

 

Property and Industrial Special Risk insurance cover is provided by UIP.

 

Current Situation

Liability Insurance

Westpool’s liability program provides pooled insurance cover for public liability, professional indemnity and Councillors, Directors and Officers.

 

The contribution to Westpool liability cover for 2008-09 for Council and its controlled entities was $1,096,000 with a $100,000 claims excess layer.

 

For 2009-10, Westpool has offered the following claims excess layers for liability cover:

 

Liability Claim Excess

$50,000

$75,000

$100,000

Contribution 09-10

$1,203,000

$1,130,000

$1,078,000

 

 

The number of claims and incidents and claims costs have significantly decreased since 1998-09 but there was an upsurge in 2006-07.

 

 

 

Over the last 10 years, the maximum number of claims with estimated costs over $100,000 is 2 in any one year, and for most of those years there has been only 1 claim. In the last two years, 70% of reported incidents became claims but 90% of claims have cost estimates less than $50,000. Much of the containment in the number and cost of claims has been attributed to the impact of the Civil Liabilities legislation but Council’s risk management has also contributed to minimising costs.

 

There is some anecdotal evidence that the positive trends of recent years for public liability are being reversed. For Council, this reversal of trend in public liability is manifest in an increased cost of individual claims. Nonetheless, Council’s systems continue to facilitate the resolution of claims. These changes have resulted in reducing Council’s contingent liability from $800,000 in 2000-01 to $420,000 in 2008-09.

 

Advice on market trends is that premiums for public liability are stable, premiums for professional indemnity cover is rising (up to 50%) and Director’s and officers cover will increase by up to 10%.

 

Even with the more recent claims trends, it is still considered viable to continue with Council’s excess to $100,000. The premium for 2009-10 will be $1,078,000 representing a premium decrease of $18,000 from 2008-09. The 2009-10 premium has been factored into the budget estimate.

 

Industrial Special Risk and General Property Insurance

Council’s Industrial Special Risk and General Property Insurance cover is due to expire on 30 June 2009. Cover is provided for insurance categories of Industrial Special Risk (ISR), fire & all risk (property only), machinery breakdown and computer breakdown.

 

In 2005, Council joined UIP’s ISR self insurance program.

 

UIP has provided variable ISR excesses for 2009-10. These are:

 

ISR Claims Excess

$10,000

$20,000

Premium Contribution 08-09

$396,000

$371,000

 

Given the random number of claims and Council’s initiatives to improve fire and security protection, it is considered viable to continue with the excess to $20,000. The number of property claims are summarised in the following table.

 

Financial year

Location

Cost

Cause

2000-2001

Glenmore Park Child Care

$278,000

Fire

 

Erskine Park Child Care

$114,000

Fire

2001-2002

Nil

 

 

2002-2003

Nil

 

 

2003-2004

Ripples

$20,000

Machinery Breakdown

 

Mobile Plant

$18,000

Tool Theft

2004-2005

Andromeda Drive Amenities

$87,000

Fire

2005-2006

Hickeys Lane Amenities

$120,000

Fire

 

Glenmore Park Play Equipment

$11,000

Fire-vandalism

 

Andrews Road Baseball Amenities

$97000

Fire

2006-2007

PABX damaged

$300,000

Lightning

2007-2008

Various sites (incl Lewers Gallery)

$46,000

Storm

 

Penrith Pool

$307,667

Arson

 

Harold Corr Amenities Block

$122,867

Arson

2008-09

Nil

 

 

 

 

The cost of claims for 2007-08 exceeded the premium contribution and the value of our assets has increased resulting in a premium increase of $40,000 more than the premium for 2008-09. Council’s building assets have a insurance replacement value of $371,562,120. The Penrith contribution for UIP ISR is $371,000 and represents 0.1 cents in the dollar for the value of all Council’s property assets. The 2009-10 premium has been factored into the budget estimate.

 

The cost of claims for 2008-09 is below Council’s premium and it is not expected that the 2010-11 premium will increase because of claims made by members of UIP. There is advice that the market is hardening, that some insurers are withdrawing from the market and there is an expectation of up to 5% increase in premiums. This expected market increase may not directly affect Council because of the pooling arrangements.

 

Controlled Entities

Controlled entities have been offered a range of claims excesses for ISR and liability cover with appropriately varied contributions based on the Westpool and UIP contribution formulae.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Annual Insurance Renewals - Liability & Industrial Special Risk be received.

2.     Council retain its $100,000 claims excess for Public Liability and agree to pay a contribution of $1,078,000 to Westpool for liability cover.

3.     Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $371,000 to United Independent Pools.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

17

Councillor Representation on an External Organisation   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: Council has reviewed its own role and operations and has adopted contemporary practices to best discharge its charter.

Critical Action: Review current structures and procedures supporting Council and Councillors responsibilities.

     

Purpose:

To appoint a Councillor representative to the following External Organisation: Western Sydney Academy of Sport Advisory Forum.  The report recommends that a Councillor representative be appointed to the Western Sydney Academy of Sport Advisory Forum.

 

Background

Council considered a report at its Ordinary Meeting held on 13 October 2008 seeking appointment of a Councillor representative to the Western Sydney Academy of Sport Advisory Forum. It was resolved at that Meeting that Councillor Tanya Davies would be the Councillor representative.  Unfortunately, the Advisory Forum’s schedule of meeting dates does not make it possible for Councillor Davies to represent Council on this Forum into the future and, therefore, to retain a Councillor presence on this Forum a replacement representative needs to be appointed.   

 

Western Sydney Academy of Sport Advisory Forum

 The Western Sydney Academy of Sport is an independent non-profit organisation, incorporated in June 2004. The Academy’s Board of Directors features high profile business, sporting and community representatives.

 

The role of the Academy is to provide quality development opportunities for talented young athletes living in Western Sydney. The Academy’s programs focus on standards of individual performance, achievement and excellence.

 

The Academy works closely with recognised State Sporting Organisations and the NSW Institute of Sport and District Associations to ensure its programs provide an integrated pathway for talented athlete development. The Academy’s quality programs are endorsed by these State bodies, and provide significant ‘added value’ to an athlete’s advancement – through application of high level coaching resources, specific education and technical development resources, opportunities to attend camps and compete against other Academies.

 

Talented athletes between the ages of 13 and 19 are offered the opportunity to nominate for an Academy Scholarship and join other athletes in their progression to State and National levels of representation. The Academy’s sports include AFL, Cycling, Golf, Netball, Softball, Slalom, Rugby League and Tennis, and athletes are drawn from the following Local Government Areas:

 

-        Auburn

-        Bankstown

-        Baulkham Hills

-        Blacktown

-        Blue Mountains

-        Fairfield

-        Hawkesbury

-        Holroyd

-        Parramatta

-        Penrith

 

The Western Sydney Academy of Sport recently agreed to relocate to Penrith and be part of the Centre of Excellence facilities in the recently refurbished Eastern Grandstand at CUA Stadium. Currently, the Academy has over 40 athletes from the Penrith LGA under scholarship, nearly 25% (largest LGA) of the Academy’s athlete representation. Penrith City Council’s annual operating budget has an allocation of $11,000 for the Academy.

 

The purpose of the Advisory Forum is to act as an advisory body, representing Local Government to the Academy, on matters affecting talented athletes such as venues, facilities, emerging sports, and athlete performances. The Advisory Forum has become an effective Forum for Academy and Council interaction, as well as a meaningful network for Council representatives to gain information and explore various Local Government sports/recreation/open space management matters.

 

The Advisory Forum meets at 10:00 am on a bi-monthly basis (second Tuesday of the month) and meetings are hosted by member Councils. The next meeting is scheduled for Tuesday 9 June 2009 at Hawkesbury (venue to be confirmed with papers distributed prior to the meeting) at 10:00 am. Subsequent Forums are scheduled on 11 August at Parramatta, and 13 October in Penrith.

 

The Council is represented on the Forum by a Councillor and the Recreation Manager.

 

It is considered appropriate that the Council should nominate one (1) Councillor to the Western Sydney Academy of Sport Advisory Forum.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Representation on an External Organisation be received.

2.     Council appoint one (1) Councillor to the Western Sydney Academy of Sport Advisory Forum.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

18

Samuel Marsden Road Riding Facility Committee - Appointment of Committee Members   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Program Term Achievement: Council has reviewed its own role and operations and has adopted contemporary practices to best discharge its charter.

Critical Action: Review current structures and procedures supporting Council and Councillors responsibilities.

     

Purpose:

To advise Council of the new Committee at the Samuel Marsden Road Riding Facility Committee and to seek Council's approval of that new Committee.  The report recommends that Council, under Section 377 of the Local Government Act, delegate the management of the  Samuel Marsden Road Riding Facility Committee to the Committee formed under Section 355 of the Local Government Act 1993 and comprising: Stewart Chapman, Stephanie Kaye-Smith, David Gibson, Sandra Himsley, Don Swanston, and Rhonda Batten; and the General Manager's nominee on the Samuel Marsden Road Riding Facility Committee be Council's Recreation Manager.

 

Background

A large area of land in Samuel Marsden Road, Orchard Hills has been occupied by the Riding for the Disabled NSW (RDA) and the Nepean and District Pony Club (the Pony Club) since the late 1980’s as a horse riding venue. The land is owned by the Department of Planning (DoP). Council held a lease over the land. The fixed term lease expired meaning that the terms of the lease are held over on a ‘month to month’ basis.

 

At its meeting on 6 February 2006, Council resolved:

 

“That a committee be formed under Section 355 of the Local Government Act 1993 to have delegated authority under Section 377 of the Act for the care, control and management of the property known as Lot 17-20, DP 238495 Samuel Marsden Road, Orchard Hills. That committee shall consist of:

 

          -        3 representatives of RDA

          -        3 representatives of Pony Club

-        Council’s Facilities Operations Manager (this was later amended in a            report to Council on 13 August 2007 to ‘the General Manager’s nominee’)

 

The committee shall be known as Samuel Marsden Road Riding Facility.”

 

At that time a Constitution was developed for the Samuel Marsden Riding Facility Committee in which clause 6 refers to membership of the Committee. The sub clause 6(e) outlines that membership shall be such number of persons as approved by Council.

 

Current Situation

As with many voluntary committees vacancies arise over a period of time for a number of reasons and this has been the case with the Committee. These changes have been subject of previous reports to Council.

 

Vacancies have recently occurred on the Committee with the resignations of Michael Farrell (RDA), Lorraine Watkins (Pony Club) and Wayne Phillips (Pony Club). As a result of these resignations, and as per the Constitution, the Chairman of the Committee wrote to the organisations seeking nominations to fill the positions. Both organisations submitted nominations along with resumes of those people. Council Officers have evaluated the submissions and recommend to Council the appointment of the people listed below:

 

-        Don Swanston (Pony Club)

-        Rhonda Batten (Pony Club)

-        David Gibson (RDA)

 

It is also recommended to Council that the General Manager’s nominee is the Recreation Manager of Council.

 

Conclusion

The appointment of the nominated people will complete the Committee which will now consist of; Stewart Chapman (RDA), Stephanie Kaye-Smith (RDA), David Gibson (RDA), Sandra Himsley (Pony Club), Don Swanston (Pony Club), Rhonda Batten (Pony Club). The General Manager’s nominee will continue to attend Committee meetings. With a full complement of people the Committee will continue to fulfil the objectives as outlined in the Constitution, these being;

 

-        To operate and manage a community based horse riding facility within the

requirements of the DoP, Department of Local Government, and on behalf of Penrith

City Council;

 

-        To operate the facility in the interests of both the RDA (Nepean Centre) and the Nepean

and District Pony Club;

 

-        To encourage member and community involvement in the operation of the facility, to

ensure that the services reflect local needs of the members and community.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Samuel Marsden Road Riding Facility Committee - Appointment of Committee Members be received.

 

2.     Council, under Section 355 of the Local Government Act, approve the following persons to comprise the Samuel Marsden Road Riding Facility Committee:

          -        Stewart Chapman (RDA)

          -        Stephanie Kaye-Smith (RDA)

          -        David Gibson (RDA)

          -        Sandra Himsley (Pony Club)

          -        Don Swanston (Pony Club)

          -        Rhonda Batten (Pony Club).

                            

3.     The General Manager’s nominee on the Samuel Marsden Road Riding Facility Committee be Council’s Recreation Manager.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

19

2008-09 Borrowing Program   

 

Compiled by:                Andrew Moore, Acting Financial Services Manager

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

Strategic Program Term Achievement: Council provides adequate resources to deliver its program and has introduced measures to increase its capacity.

Critical Action: Maximise funding opportunities to deliver Council’s program.

     

Purpose:

To discuss the 2008-09 borrowing program adopted in the Management Plan and to recommend approval of the borrowings in line with that program.

 

Background

At the Ordinary Meeting of Council 23 March 2009 approval was sought to commence Council’s 2008-09 borrowing program as adopted in the Management Plan.  The report outlined the borrowings including a combination of new loans and renewal loans totalling $20,311,400 and delegated the authority to negotiate the loans to the General Manager.

 

In addition it was reported that the 2005-06 and 2006-07 borrowing programs included a total of $3.2m to fund the Lambridge Estate drainage program.  These works were completed in advance of section 94 contributions which are now funding the loan repayment.  This program was delivered for less than the original estimate and as a result $477,000 remains unspent. The amount proposed to be externally borrowed was therefore reduced by this amount to $19,834,400.

Current Situation

The timing of the 2008-09 borrowing program, due to the efficiencies that will be achieved by one offering to the market, has been programmed for the end of June.  As outlined in the previous report this year’s program includes this year’s new borrowings, which require funding prior to 30 June, and the renewal of the 2007-08 program, which is due for renewal on 2 July 2009.  The late June timing will enable the banks to make one offer, on the combined loan value, while accommodating the multiple funding dates.  It is hoped that the offering of one large parcel will improve the interest rates offered to Council.  To meet this timetable a letter to invite quotations from banks and financial institutions will be sent in early June.

 

While all scheduled borrowings are included in the adopted Management Plan two special purpose loans totalling $2.1m had been omitted from the Council report on 23 March 2009.  These loans relate to $800,000 to fund Building Asset Renewal work at Ripples and $1,345,600 to forward fund the Glenmore Park Stage 2 section 94 funding for the Glenmore Park Child and Family Precinct.  The following table outlines the proposed borrowings for 2008-09 and includes these two loans:

 

Loan Purpose

$

Infrastructure Borrowings

3,200,000

Footpath Paving Program

2,000,000

Asset Renewal (AREAS)

913,000

Ripples Asset Renewal

800,000

Glenmore Park Child & Family Precinct

1,345,600

Less surplus from Lambridge Estate

(477,000)

Total new borrowings

7,781,600

 

 

Renewal of 2007-08 Program

11,474,400

Other Renewals

2,724,000

Total Borrowings

21,980,000

 

Approval is now sought from Council to borrow the $7,781,600 of new money and $14,198,400 of renewal loans for a 5, 10 or 15 year repayment term. 

 

Loan Application Process

As discussed above a number of banks and financial institutions will be contacted and asked to submit preliminary quotations for this year’s borrowing allocation. The responses will be reviewed and fixed quotations obtained.  The lenders traditionally quote an interest rate firm for 24 hours. Council needs to accept the most favourable quote within this time frame. This process does not allow sufficient time for these rates to be referred to Council for decision. Council has provided delegation to the General Manager to negotiate and accept the final terms of the borrowings. 

 

Details of the quotations received, the evaluation undertaken and the final rates and terms accepted are then reported to Council once the contracts are finalised.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2008-09 Borrowing Program be received.

2.     Council borrow the 2008-09 Borrowing Program, in line with the adopted Management Plan, on 5, 10 or 15 year repayment schedules.

3.     Council’s General Manager be authorised to negotiate appropriate loan terms in accordance with this report and resolution.

4.     The Council seal be affixed to those documents that are necessary to finalise these borrowings

5.     The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

20

Annual GST Compliance Certificate   

 

Compiled by:                Andrew Moore, Acting Financial Services Manager

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

Strategic Program Term Achievement: A sound long-term financial position is maintained in balance with pressures to provide new and expanded services.

Critical Action: Achieve agreed financial performance targets.

     

Purpose:

To inform Council of the requirement to provide a certificate of compliance for Goods & Services Tax (GST) to the Department of Local Government.  The report recommends that Mayor, Deputy Mayor, General Manager and Group Manager - Finance sign the certificate.

 

Background

Annually, each Council is required to provide a GST Compliance Certificate to the Department of Local Government (DLG). 

 

The 2008-09 certificate covers the period 1 May 2008 to 30 April 2009.

Current Situation

Council’s GST compliance is continuously monitored by Council officers.  The monthly Business Activity Statement (BAS), lodged with the Australian Taxation Office (ATO), undergoes rigorous testing and verification prior to lodgement.  No instances of non-compliance have been identified for the period covered.

 

Council has committed to undergone an external review by Council’s Auditor every second year.   This review considers the adequacy of the internal controls and GST Management Systems that Council had in place to ensure compliance with the GST legislation.  The review conducted in 2008 did not find any inadequacies.  There is no requirement for the review to be undertaken by a third party.  The GST Management Systems have not changed over the past 12 months. 

Compliance Certificate

The certificate requires Council to attest that: 

§   Voluntary GST has been paid by Penrith City Council for the period 1 May 2008 to 30 April 2009;

§   Adequate management arrangements and internal controls were in place to enable the Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed;

§   No GST non-compliance events were identified by, or raised with, the Australian Taxation Office.

 

The due date for the lodgement of the 2009 GST Compliance Certificate with the Department is 1 June 2009.  Council officers are confident that all requirements have been met, and that it is appropriate for the certificate to be signed and forwarded to the DLG.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Annual GST Compliance Certificate be received.

2.     The Mayor, Deputy Mayor, General Manager and Group Manager - Finance sign the 2009 GST Compliance Certificate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

25 May 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

21

2009 Local Government Remuneration Tribunal Determination   

 

Compiled by:                Stephen Pearson, Executive Services Officer

Authorised by:             Glenn Schuil, Acting Executive Officer  

Strategic Program Term Achievement: Council has implemented leading practice ethical and corporate governance standards.

Critical Action: Review and apply leading practice ethical and corporate governance standards.

     

Purpose:

To determine the fee levels for Penrith City Councillors based on the ranges permitted in the 2009 Local Government Remuneration Tribunal determination, to take effect from 1 July 2009. In addition, Council needs to determine the additional fee, if any, to be paid to the Deputy Mayor. The report recommends that the fees payable to the Mayor and Councillors be set at the maximum level permitted.


 

Background

The Local Government Remuneration Tribunal is constituted in accordance with the Local Government Act 1993. The Tribunal is responsible for categorising each Council and Mayoral office for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each Category.

 

The Tribunal is required to make an annual determination by no later than 1 May each year, which takes effect from 1 July in that year.

 

Section 239 of the Local Government Act 1993 also requires that the Tribunal must determine Categories of Councils and Mayoral offices at least once every 3 years.

 

In 2001 Council made a submission to the Tribunal for the formation of a new Category between the then Category 1 and Category S2. Council argued that the formation of a new Category was necessary to distinguish those particular aspects of large, mainly urban Councils, located at the fringe of urban areas. The Tribunal decided that the claim for a new Category 1A should be granted and that it should comprise Category 1 Councils with a resident population of 250,000 or more or with any other special feature of section 240 which the Tribunal considers distinguishes them from other Councils in Category 1.

 

In making its determination in 2002, the Tribunal accepted that Penrith is playing a leading role in regional planning and services in meeting the needs of western Sydney, in association with its local role in providing local government services in its area. The Tribunal concluded that Penrith City Council warranted inclusion in the new Category 1A because of its regional significance in outer western Sydney, in addition to its Category 1 functions.

 

In 2005, the Tribunal undertook a fundamental review of the Categories to determine whether they should be retained or whether changes were warranted. The Tribunal commenced its investigation with a review of Categories 1, 1A and Special Category 2. The review of all Categories was finally completed in 2006. The Tribunal determined that Category 1A was still the appropriate categorisation for Penrith, as the Tribunal views the regional significance of Penrith as greater than those of other Category 1 Councils. Blacktown City Council remains the only other Council in Category 1A.

 

The Tribunal has undertaken a further general review of Categories as part of the current 2009 review.

 

Current 2009 Review

 

On 26 November 2008 the Tribunal wrote to all Mayors advising of the commencement of the 2009 annual review and seeking submissions for the review. The Tribunal sought comment on the changes that have occurred to Councils since the last review of the categorisation criteria in 2006 – in particular the impact that such changes have had on the duties and responsibilities of elected representatives and any other matters considered relevant.

 

Council was invited to make a submission addressing the following matters:

·      should the existing categories be reduced/expanded and if so on what basis.

·      whether the current categorisation is appropriate for Penrith City Council. If not, where does the Council consider that it should be categorised and on what basis it considers this re-categorisation should be granted.

·      significant changes in the role and responsibilities of Mayors and Councillors since 2006.

·      other matters Council wishes the Tribunal to consider as part of its review.

 

The Tribunal asked that Council, in addressing any changes that have taken place since the last review in 2006, should particularly relate its submission to the categorisation criteria as provided in section 240 of the Local Government Act 1993. These criteria are as follows:

·      the size of areas

·      the physical terrain of areas

·      the population of areas and the distribution of the population

·      the nature and volume of business dealt with by each council

·      the nature and extent of the development of areas

·      the diversity of communities served

·      the regional, national and international significance of the council

·      such matters as the Remuneration Tribunal considers relevant to the provision of efficient and effective local government

·      such other matters as may be prescribed by the regulations

 

Council resolved on 2 February 2009 to make a submission to the Tribunal:

1.   supporting the setting of Mayor and Councillor fees based on an appropriate percentage of MP’s remuneration;

2.   supporting the current categorisation of Councils; and

3.   seeking re-categorisation of Penrith City Council from 1A* to S2** on the basis of the categorisation criteria contained in section 240 of the Local Government Act 1993

 

 

*     Category 1A Councils (Blacktown, Penrith) are those with significant features of Category 1 (16 urban metropolitan & urban regional councils) but with some significant distinguishing feature from the Councils in Category 1 – Blacktown was placed in this Category 1A because it had reached a population of more than 280,000 whilst Penrith was placed in Category 1A because of its regional significance, being greater than that of other Category 1 Councils.

 

**  Category S2 Councils (Newcastle, Parramatta, Wollongong) are major City Councils.

 

Local Government Remuneration Tribunal Determination for 2009

 

The Tribunal has now released its 2009 Report and Determination on the Cat