19 May 2010

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 24 May 2010 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 3 May 2010.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 10 May 2010.

Policy Review Committee Meeting - 10 May 2010 (Item 1 – Division requied S375A LG Act)

 

9.           DELIVERY PROGRAM REPORTS

 

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

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


 

ORDINARY MEETING

 

Monday 24 May 2010

 

table of contents

 

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 


 

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Kevin Crameri OAM
North Ward

 

Acting Executive Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                           

                
          

 
   


2010 MEETING CALENDAR

February 2010 - December 2010

(adopted by Council on 9/11/09 and amended by Council on 19/4/10)

 

 

 

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 Meeting

7.30pm

1

 

 

3v

 

19

16#

6ü

11¨

8#

13

(7.00pm)

22#

22

19

24#

21*

 

 

27^

(7.00pm)

 

29

 

Policy Review Committee

7.30pm

15

8

 

10

 

 

9

13@

 

15

 

 

29@

 

 

28

12

30

 

18

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

31

 

 

 

 

 

 

 

 

 

v

Meeting at which the Draft Operational Plan for 2010/2011 is adopted for exhibition

*

Meeting at which the Operational Plan for 2010/2011 is adopted

#

Meetings at which the Operational Plan quarterly reviews are presented

@

Delivery Program progress reports

^

Election of Mayor/Deputy Mayor

ü

Meeting at which the 2009/2010 Annual Statements are presented

¨

Meeting at which any comments on the 2009/2010 Annual Statements are presented

-                 Extraordinary Meetings are held as required.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Acting Executive Officer, Glenn Schuil.

 

 

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 3 MAY 2010 AT 7:35PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 19 April 2010

130  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 19 April 2010 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village as she is a Director of the Parents Advisory Committee of the Werrianda Children’s Centre.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item  6 - Development Application DA09/0901 for the operation of a Red Rooster Restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Christopher & Nicholas Kousparis as two of the tenants in this shopping area are his clients.  Councillor Fowler OAM stated that he would be leaving the Chamber during consideration of this item and would take no part in the discussion.

 

 

 

 

 Mayoral Minutes

 

1        The passing of Hawkesbury City Councillor Rex Stubbs OAM

 

Councillors Jim Aitken OAM and Greg Davies responded to the Mayoral Minute.

         

131  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on The passing of Hawkesbury City Councillor Rex Stubbs OAM be received.

 

2        Council wins Local Government Cultural Award 2010

 

Councillors Karen McKeown and John Thain responded to the Mayoral Minute.

         

132  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that the Mayoral Minute on Council wins Local Government Cultural Award 2010 be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 31 March 2010                                                                                                       

133  RESOLVED on the MOTION of Councillor Kaylene Allison seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 31 March, 2010 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 7 April 2010         

134  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 7 April, 2010 be adopted.

 

 

 

 

 

 

 

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Public Exhibition of draft Community Strategic Plan 2031,  draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011

 

Councillor Ross Fowler OAM raised concerns about the adverse trends in Council’s Long Term Financial Model and that ratepegging was affecting the financial position of Local Government.

 

Councillors John Thain and Jim Aitken OAM supported the above observations made by Councillor Ross Fowler OAM.

 

Councillor Jim Aitken OAM requested that a report be presented to Council on the effect of cost shifting from the State Government to Local Government over the last few years.

 

Councillors Karen McKeown and Mark Davies raised concerns about the potential impact that rising electricity costs may have on future Council budgets.  Councillor Karen McKeown expressed a view that, as a sustainable leader, Council should investigate the replacement of street lighting globes that are more energy efficient and that Council should investigate the funding options that are available to achieve this.

 

Councillors Ross Fowler OAM, Mark Davies and Jim Aitken OAM also raised concerns at the rising costs of  Council’s employee costs in next year’s budget.

 

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

That:

1.     The information contained in the report on the Public Exhibition of draft Community Strategic Plan 2031,  draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011  be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan 2010-2011 including any amendments made at tonight’s meeting, for public exhibition.

3.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan   2010-2011 be placed on public exhibition for 30 days, commencing on Monday 10 May 2010 and closing on Tuesday 8 June 2010.

4.     Submissions from the public on the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and  draft Operational Plan 2010-2011be invited and the public consultation arrangements as detailed in this report be implemented, including a public meeting and forum to be held on Monday 31 May 2010 in the Civic Centre.

5.     Council congratulate and thank the staff involved for the significant work undertaken in preparing this report.

 

 

Councillor Mark Davies left the meeting, the time being 8:16 pm.

 

2        Audit Committee                                                                                                                 

136  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the information contained in the report on Audit Committee be received.

 

 

3        2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions                                                                                                         

137  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc

That:

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

2.     Council confirm the action taken in forwarding the Motion detailed in the report on ‘Partnership Approach to the National Population Strategy’ for inclusion in the 2010 Australian Local Government Association National General Assembly Business Paper.

 

 

4        Cultural Planning Partnership

 

Councillor Mark Davies returned to the meeting, the time being 8:18 pm.

         

138  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Cultural Planning Partnership be received.

2.     $50,000 be allocated to this project in 2009-10 Operational Plan as outlined in this report.

 

 

 

 

 

 

A City of Opportunities

 

5        Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village                                                                                      

139  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village be received.

2.     A contract for the provision of Child Care lawn and ground maintenance and Lawn Ground Maintenance for Child Care Centres and for Lemongrove Village be awarded to Star Property Maintenance Pty Ltd for the annual cost of $86,180.00 for a period of two (2) years, with an option to extend the agreement for a further one (1) year period (with provision for rise & fall).

 

 

A Green City

 

Having previously declared a Pecuniary Interest in Item 6, Councillor Ross Fowler OAM left the meeting, the time being 8:21 pm.

 

Councillor Ben Goldfinch left the meeting, the time being 8:21 pm.

 

6        Development Application DA09/0901 for the operation of a Red Rooster Restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Christopher & Nicholas Kousparis                                     DA09/0901

140  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Development Application DA09/0901 for the operation of a Red Rooster Restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County be received.

2.     Development Application DA09/0901 for the operation of a Red Rooster Restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County be approved subject to the following conditions:

Standard Conditions

2.1     A001          Approved plans

A008           Works to BCA requirements

A012                    Food shop

A019                    Occupation Certificate

A021                    Business registration

A026                    Advertising Signs

A027                    Hours of operation

A039                    Graffiti

A046                    Obtain Construction Certificate before commencement of                  works

B002                    Australian Standard for demolition and disposal to          approved landfill site

D001          Implement approved sediment and erosion control          measures

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E01A                    BCA compliance (Class 2-9)

E002                     BCA issues to be addressed

     Exit travel distances must comply with Clause D1.4; and

The provision of sanitary facilities for patrons and

staff must comply with Clause F2.3.

E006                     Disabled access and facilities

E009                     Annual fire safety

F022                     Commercial kitchens exhaust system

H001                    Stamped plans and erection of site notice (Class 2-9)

H002                    Provision of site facilities prior to commencement of                  construction works (a, b & d)

H041                    Hours of construction work

L001                     Approved landscaping plans

L002                     Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Special Conditions

2.2     Directional signage and pavement arrows are to be installed to ensure that all traffic exiting the drive- through lane turn right into the existing car park

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

(a)      Line marking and signage

(b)     Internal road way (drive thru lane)

(c)      Stormwater drainage

 

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

 

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

 

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

 

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

Note:

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

 

2.6     Prior to the issue of the Occupation Certificate the Principal      Certifying Authority shall ensure that all civil works have been     satisfactorily completed in accordance with the Construction           Certificate,   Penrith City Council’s Design and Construction     Guidelines and Construction Specification for Civil Works, and     relevant conditions of the development consent

 

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

 

2.8     All car parking and manoeuvring shall be in accordance with AS         2890.1 (2004) and Council’s requirements. One accessible car space shall be located closest to the entrance to the building

 

2.9     Provision shall be made for unfixed seating accessible to and usable    by people with disabilities. Details of the seating arrangements are to     be provided prior to the issue of a Construction Certificate

 

2.10   All external plant and equipment is to be suitably screened with compatible materials and finishes. Details are to accompany the application for Construction Certificate

 

2.11   Prior to the issue of a Occupation Certificate a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed.

 

2.12   Entrances/exits to the building, walkways and the car park must be              well lit to clearly illuminate these areas:

          Lighting must be:

a)   Consistent in order to reduce the contrast between shadows and illuminated areas

b)   Vandal resistant

c)   Contained within the property boundary and no light should be projected upwards

2.13   The following vegetation is to be avoided:

a)   Vegetation with top to bottom foliage. Low ground cover or high canopied vegetation is to be utilised as this type of planting allows clear lines of sight

b)   Medium height (under 2 metres) planting as it provides places of concealment

c)   Vegetation that hinders sightlines to car parks and  walkways,

d)   Use of pebbles and such like material for garden beds.

2.14  The following is required in order to maintain pedestrian safety on       site:

a)   Clear signage is to be provided on site to adequately control the entry and exit points and to guide vehicles and pedestrians to appropriate locations throughout the site

b)   The required sight lines to pedestrians or other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials.

                             2.15   Security on the site must include a “back to base” alarm system and                                      installation of CCTV cameras to monitor the entrances and exits of                                              the building including the loading dock and the car parking areas.

                             2.16   CCTV signage shall be erected on site outlining that a CCTV system                                        is in place 24 hours.

2.17   Detailed design of the amended access arrangements, including the     required triangular concrete island at the Dunheved Road entry           point are required to be submitted and approved to Penrith Council prior to   the issue of the Construction Certificate.

 

3.     The individuals who made a submission to be advised of Council’s decision and of the consideration given to their concerns.

 

Councillor John Thain asked if the development consent could accommodate customer and proprietor only signs to be erected.

 

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

 

For

Against

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

7        Development Application DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park . Applicant: Westminster Building Co. Pty. Ltd;  Owner: Preetpal Singh                                                                             DA10/0235

Councillors Ross Fowler OAM and Ben Goldfinch returned to the meeting, the time being 8:27 pm.

 

141  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Development Application DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park  be received.

2.     The SEPP 1 objection relating to the minimum rear setback be supported.

3.     Development Application 10/0235 seeking consent for the construction of a Single Storey Dwelling at 15 Jirramba Court, Glenmore Park be approved subject to the attached conditions:

Standard Conditions

3.1       A001 - Approved Plans

          A008 – Works to BCA requirements

A009 – Residential Works DCP

A046 – Obtain Construction Certificate

D001 – Sediment and Erosion Control Measures

D007 – Filling of Land

D009 – Covering Waste Storage area

D010 – Waste disposal

E001 – BCA compliance

E005 – Smoke Alarms

F006 – Water Tank

G005 – Rainwater Tank - Plumbing

H01F – Stamped plans and erection of site notice

H002 -  All forms of construction

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slabs/Footings

H015 – Termite protection

H022 – Survey

H024 – Glass Installation

H030 – Roof colours

H036 – Rainwater Tank

H037 – Safe Supply of Water

H038 – Connection of Rainwater

H039 – Rainwater Tank Pumps

H041 – Hours of work

I003 – Road Act Approval

K016 – Stormwater

L008 - Tree Preservation Order

P001 – Costs

P002 - Fees

Q001 – Notice of commencement and appointment of PCA

Q005 - Occupation Certificate

 

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

 

For

Against

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

8        Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (No. 101) Ladbury Avenue, Penrith. Applicant: Freeburn Surveying;  Owner: Mr & Mrs Nielsen & Ms I Georgakopoulos                                                                                                                           DA09/0960

 

142  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (No. 101) Ladbury Avenue, Penrith be received.

 

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

 

For

Against

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

 

 

 

 

 

 

 

A Liveable City

 

9        Proposed Additional Alcohol Free Zones and Alcohol Free Areas                                  

143  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Proposed Additional Alcohol Free Zones and Alcohol Free Areas be received.

2.     Council support the progression of the consultation process for the establishment of additional Alcohol Free Zones and Alcohol Free Areas at each of the locations proposed by this report.

3.     A further report be submitted to Council on completion of the advertising and consultation period.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Fencing of Off Leash area for Dogs                                                                        

Councillor Prue Guillaume requested a report to Council investigating the possibility of fencing one of the City’s off leash areas for dogs, in particular the area in Jamison Park, South Penrith.  Councillor Guillaume tabled a petition of 400 signatures, supporting this proposal.

 

QWN 2      Amenities Block at Ched Towns Reserve                                                               

Councillor Prue Guillaume requested that Council’s staff be congratulated on the timely rebuilding of the amenities building used by Glenmore Park Soccer Club at Ched Towns Reserve.

 

QWN 3      Proposed Waste Management Facility at Patons Lane, Orchard Hills                 

Councillor Prue Guillaume requested a report be presented to Council on the waste management facility proposed to be situated at Patons Lane, Orchard Hills, with the report to include the following:

(i)      all avenues available to Council to influence the decision of the Department of Planning in relation to Part 3A applications;

(ii)      what the storey height would be for a building of 30 metres tall, as is proposed by the proponent.

With the consent of Councillor Prue Guillaume, Councillor Tanya Davies also asked that the report identify:

  • Impact on residents – health, amenity, valuations on property, etc
  • Why has this proposal been submitted under Part 3A
  • How different is this proposal to the one previously submitted to Council
  • Did Council receive any fees for the submission of the original proposal
  • Background on Dellara Pty Ltd – in particular the directorships and experience of the company.

With the consent of Councillor Prue Guillaume, Councillor Jim Aitken OAM also asked that the report consider the potential asbestos at the site and the proximity of the proposed development to Blaxland Creek.

Councillor Mark Davies requested an additional report to Council  regarding the recommendations made by ICAC to the State Government regarding the Part 3A planning laws and why the State Government has not yet implemented these recommendations.

 

QWN 4      Waste Management Facility at Kemps Creek                                                        

Councillor Tanya Davies requested a report to Council on SITA’s waste management facility at Kemps Creek and in particular if the proposal to accept radioactive contaminated waste is included within its development consent.

 

QWN 5      Boundary fence – Department of Housing property in Moreshead Street, Colyton       

Councillor Tanya Davies requested a memo reply concerning the possibility of Council liaising with the Department of Housing to replace the timber boundary fence between 13 Moreshead Street, Colyton, and Council land, with a colorbond fence.

 

QWN 6      Traffic Lights on Belmore and Station Streets, Penrith                                          

Councillor Tanya Davies requested that the Access Committee investigate the situation of no disability access at the set of traffic lights on Belmore and Station Streets, Penrith, with a view to this being remedied.

 

QWN 7      Litter and drainage issues - Claremont Meadows                                                  

Councillor Tanya Davies requested an onsite meeting with relevant staff concerning significant litter and growth of weeds in various drainage areas in Claremont Meadows, with a view to discussing an ongoing management strategy.

 

QWN 8      Seating area - Coachmans Park, St Marys                                                             

Councillor Tanya Davies requested a memo reply detailing the management of Coachmans Park, St Marys and other public spaces with a view to clearing the proliferation of beer bottles and similar litter that is left there on weekends.

 

QWN 9      Claremont Meadows Shopping Centre - Graffiti                                                    

Councillor Tanya Davies requested a memo reply detailing what steps have been taken to require the Claremont Meadows shopping centre proprietors/management to remove graffiti on the buildings within a specified timeframe, in particular (i) what is that timeframe; (ii) how does Council monitor compliance; and (iii) can Council urgently liaise with the owner to improve the façade as extensive graffiti has been present on the rear of the Centre for over three weeks.

 

QWN 10    Speed hump in O'Connell Street, Claremont Meadows                                         

Councillor Tanya Davies requested a memo reply concerning the possibility of raising the speed hump in O’Connell Street, Claremont Meadows to a more effective height as the low rise one presently located there is not effective in slowing speeding vehicles.

 

QWN 11    Fencing - Sunflower Avenue, Claremont Meadows                                                

Councillor Tanya Davies requested a memo reply concerning the dilapidated fencing alongside the playground on Sunflower Avenue, Claremont Meadows and requested that the remainder of the fencing be removed.  Councillor Tanya Davies also requested that the damaged wire fence surrounding the remaining sides of this playground be either repaired or replaced.

 

QWN 12    Glenmore Park - Maintenance Issues                                                                     

Councillor Tanya Davies requested a memo reply on the following matters:

(i)      the deteriorating fence around Ched Towns Reserve; and at the corner of Laguna/Surveyors Creek Road; and

(ii)      the stagnant state of the pond at the corner of Glenmore Parkway and Morrison Road.

 

QWN 13    Achievements of Local Sportspeople                                                                       

Councillor Tanya Davies outlined the recent achievements of Christopher Bunton at the Special Olympics in Adelaide this month and expressed the gratitude of Christopher and his family to Council for enabling Christopher to attend this event.

 

QWN 14    Broadband Internet Access                                                                                      

Councillor Robert Ardill requested a memo reply concerning broadband internet access to new residential lots in Claremont Meadows and in particular what plans are in place to ensure high speed access is available to new residential developments.

 

QWN 15    Westpool                                                                                                                    

Councillor Ross Fowler OAM presented an information item on the Westpool AGM report and also reported that Wollongong City Council is the newest (and eighth) member of the insurance pool.

 

QWN 16    Memory Park, Penrith                                                                                              

Councillor Greg Davies requested a memo reply concerning progress with the appearance of Memory Park, Penrith and in particular the sign on the adult shop in this area.

 

QWN 17    St Marys Scouts                                                                                                        

Councillor Greg Davies requested a memo reply concerning the possibility of moving the directional sign to the St Marys Scout Hall from its present location to the other side of the road, as it is currently obscured by tree branches.

Councillor Greg Davies also requested that the Mayor, Councillor Kevin Crameri OAM,  send a letter of congratulations to the St Marys Scouts on their 60th anniversary.

 

QWN 18    Pole Posters                                                                                                               

Councillor Greg Davies requested a report to Council on the instances of posters being placed on poles within the Penrith City area, and what action is possible to address this.

 

 

Committee of the Whole

 

144  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:22 pm.

 

Councillors Prue Guillaume and Mark Davies left the meeting, the time being 9:22 pm and did not return.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jim Aitken OAM seconded Councillor Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matter:

 

 

A Leading City

 

2        Council Properties - Permanent Road Closure of Ballah, Coolibah & Korimul Lanes, South Penrith and Sale of Land to Adjoining Owners                                                                 

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:26 pm and the General Manager reported that the Committee of the Whole met at 9:22 pm on 3 May 2010, the following being present

 

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, 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        Council Properties - Permanent Road Closure of Ballah, Coolibah & Korimul Lanes, South Penrith and Sale of Land to Adjoining Owners                                                                 

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc

CW2 That:

1.     The information contained in the report on Council Properties - Permanent Road Closure of Ballah, Coolibah & Korimul Lanes, South Penrith and Sale of Land to Adjoining Owners be received.

2.     Council approve the sale of land to adjoining owners off Ballah, Coolibah & Korimul Lanes, South Penrith as outlined in the table contained within the report.

3.     Council finalise the permanent road closures of Ballah, Coolibah & Korimul Lanes, South Penrith.

4.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation as required.

 

 

ADOPTION OF Committee of the Whole

 

RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:27 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 persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                            


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 10 May 2010

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 10 May, 2010

 

 



Ordinary Meeting

24 May 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 10 May, 2010

 

 

 

PRESENT

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

 

IN ATTENDANCE

Keith Jordan – Westbus, Alex Scott – NSW Fire Brigades, Steven Purvis – Ranger

 

APOLOGIES

Councillor Karen McKeown – Representative for the Member for Mulgoa, David Yee – A/Design & Technical Advice Manager, Ron Watson – Westbus, Councillor Jackie Greenow, Sergeant Natasha Crawford – Penrith Police, Samantha Dawson – Representative for the Member for Penrith

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting – 12 April 2010

The minutes of the Local Traffic Committee Meeting of 12 April 2010 were confirmed with an amendment to General Business Item 2 “Woodriff Street, Penrith – Provision of a New ‘Bus Stop’ & ‘Bus Zone’  (Raised Council)”.  Paragraph two of this item states that “The proposed route (S13) will consist of a high frequency bus service …..” and should read “The proposed route (S13) will consist of a low frequency bus service …..”.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Nepean Triathlon - Sunday, 14 November 2010                                                               

RECOMMENDED

That:

1.     The information contained in the report on Nepean Triathlon - Sunday, 14 November 2010 be received.

2.     The applicant consult in person with all affected residents and businesses regarding the proposed closure with a list of all businesses and comments referred to Council for consideration.  Any objections be referred back to the Local Traffic Committee prior to the event.

3.     Subject to no objections from affected businesses, approval be given for the temporary closure of Old Castlereagh Road, from just west of the Andrews Road/Cranebrook Road roundabout to near its termination, Leland Street, Gordon Street, Camden Street, Lugard Street, Borec Road, Cassola Place, Lemko Place and Jack Williams Drive west of Borec Road from 6:55am to 9:30am on Sunday, 14 November 2010, for the cycle leg of the Nepean Triathlon, subject to the following conditions:

 

(a)  the organisers be advised that this is a Class 2 Event under the Roads and Traffic Authority’s (RTA) “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guidelines must be complied with prior to the event (ie, Transport Management Plan including detour arrangements and risk management plan to be carried out and submitted to the RTA for approval, with a copy to Council);

 

(b)  signposting advising the date and time of closure be in place for two weeks prior to the event (the applicant to liaise with the Roads and Traffic Authority regarding size of sign and text height);

 

(c)  advertisements be placed in the local press and on radio for two weeks prior to the event, noting the road closures, and a copy of this advertisement be submitted to Council for information;

 

(d)  the organiser/applicant to co-ordinate with Council’s Traffic Special Events Co-ordinator (Gary Lawson on telephone 4732-7562) regarding barriers and detour signs required for the event and to advise points of delivery for these facilities;

 

(e)  the organisers to ensure competitors obey road rules and Police directions during the event;

 

(f)   the organisers to obtain separate Police approval;

 

(g)  the organisers to indemnify Council in writing prior to the event against all claims for damage and injury which may result from the proposed event;

 

(h)  the organisers to submit to Council a copy of Public Liability Insurance of $10 million, as required;

 

(i)   the organisers to provide documentary evidence to Council prior to the event that the event fully complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001;

(j)   suitably accredited traffic controllers/marshals to be used at all traffic control points.

 

 

 

 

 

 

2        O'Connell St, Orchard Hills - Proposed Temporary Closure                                           

RECOMMENDED

That:

1.     The information contained in the report on O'Connell St, Orchard Hills - Proposed Temporary Closure be received.

2.     The Roads and Traffic Authority be requested to consider and approve the current Traffic Management Plan.

3.     Prior to the closure a Traffic Control Plan be prepared by a suitably accredited professional and submitted to Council for information.

4.     Notification of the closure be forwarded to NSW Police, Ambulance and Fire Brigades a minimum of two weeks prior to the closure.

5.     Notification of the closure be advertised in local newspapers for two weeks prior to the closure.

6.     The contractor implementing the closure submit to Council a copy of Public Liability Insurance of $10 million, as required.  Should Council implement the closure a copy is not required to be submitted.

 

 

3        Fragar Road, South Penrith - Request for Provision of "Bus Zone"                              

RECOMMENDED

That:

1.     The information contained in the report on Fragar Road, South Penrith - Request for Provision of "Bus Zone" be received.

2.     A full time “Bus Zone” be implemented at the existing “Bus Stop” on the western side of Fragar Road 10m south of Samuel Foster Drive, South Penrith, for a distance of 20m.

3.     “No Stopping” restrictions be implemented on the western side of Fragar Road, 10m south of the intersection of Samuel Foster Drive, and on the southern side of Samuel Foster Drive, 10m west of Fragar Road, South Penrith.

4.     Penrith City Council Rangers be advised of Council’s resolution

5.     The Principal of Mary Mackillop Primary School be advised of Council’s resolution.

 

 

 

 

 

 

 

 

 

4        Craig Avenue, Oxley Park - Request for Provision of "No Stopping" Restrictions      

RECOMMENDED

That:

1.     The information contained in the report on Craig Avenue, Oxley Park - Request for Provision of "No Stopping" Restrictions be received.

2.     10m of “No Stopping” restrictions be provided at the intersection of Craig Avenue and Great Western Highway, Oxley Park, to reinforce the Australian Road Rules.

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

 

 

5        Durham Street & Melbourne Street, Oxley Park - Proposed Intersection Improvements      

LTC Comment

The Roads and Traffic Authority representative raised concerns regarding the noise created by the transverse lines.  Council’s Senior Traffic Engineer advised that the section of road where the lines are proposed is not directly adjacent to residential properties.

RECOMMENDED

That:

1.     The information contained in the report on Durham Street & Melbourne Street, Oxley Park - Proposed Intersection Improvements be received.

2.     The following works be undertaken to improve safety at the Durham Street and Melbourne Street intersection, Oxley Park:

(i)        Extend the existing double-barrier linemarking in Durham Street by 70m to a total length of 100m

(ii) Include edge-line marking for this length

(iii)       Council’s Public Domain Amenity & Safety Department to determine suitability of current lighting standards

(iv)       Reflectors to be installed on the existing median island at this intersection

(v)        Raised pavement markers be provided for the duration of the double‑barrier linemarkings and edge lines (ie, 100m)

(vi)       Upgrade the intersection from “Give Way” restrictions to “Stop” restrictions

(vii)      Install “Stop Sign Ahead” signage in advance of the intersection

(viii)      “Keep Left” sign to be installed on the nose of the existing median island.  Signs shall be located to ensure that bus turning movements are accommodated

(ix)       Provide transverse markings in Durham Street spaced to current standards in a raised thermo-set plastic on approach to the intersection.

3.     The works be funded from the existing signs and lines block grant, and urgent LTC budget if required.

4.     Residents at numbers 37a and 39 Melbourne Street, Oxley Park be advised of Council’s resolution.

 

 

6        Borrowdale Way, Cranebrook- Endorsement of Design Plan AB162                             

RECOMMENDED

That:

1.     The information contained in the report on Borrowdale Way, Cranebrook- Endorsement of Design Plan AB162 be received.

2.     The report be deferred subject to further investigations regarding bus stops and bus shelters.

 

 

7        Debrincat Avenue & Boronia Road, North St Marys - Endorsement of Design Plans AD123                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Debrincat Avenue & Boronia Road, North St Marys - Endorsement of Design Plans AD123 be received.

2.     Design Plan AD123, for installation of a MIST on Debrincat Avenue and Boronia Road, North St Marys, be finalised and endorsed for construction.

3.     Install “No Stopping” signs on the northern approach on Boronia Road to Debrincat Avenue for the full length of the double-barrier lines, extending 10m into Debrincat Avenue on both sides.

4.     Ensure that the taper of the double-barrier lines is in accordance with Australian Standards for Traffic Facilities 1742.10.

 

 

8        York Road, South Penrith - Endorsement of Design Plan AY15                                     

RECOMMENDED

That:

1.     The information contained in the report on York Road, South Penrith - Endorsement of Design Plan AY15 be received.

2.     Consultation be carried out with affected property owners and business proprietors affected by the proposed “No Stopping” restrictions.

3.     Design Plan AY15, for installation of a pedestrian refuge in York Road, South Penrith, be finalised and endorsed for construction.

 

 

 

 

 

GENERAL BUSINESS

 

 GB 1         Penrith CBD 40km/h High Pedestrian Activity Area Scheme  (Raised Council) 

At its Ordinary Meeting on 19 April 2010 Mayor Crameri requested a report to Council (QWN9) on the traffic facilities associated with the Penrith CBD 40km/h High Pedestrian Activity Area (HPAA) Scheme, being used as pedestrian crossings.  In addition, Council’s Traffic Section has been monitoring the facilities at completion of construction to assess pedestrian and traffic habits at each site.

 

Council is currently working with the Roads and Traffic Authority (RTA) to develop a signage and linemarking plan to install 40km/h and HPAA signage in the CBD once all the facilities associated with the Scheme are completed.  Prior to the signs being installed, Council and the RTA will implement a communication strategy that will inform the public of the Scheme and how it is intended to lower the risk of casualties in the CBD.  The strategy will consist of posters, leaflets, letterbox drops and newspaper articles/advertisements.  It is considered that once the signage and communications strategy have been completed, both vehicles and pedestrians will have a better understanding of the facilities and their intended use.

 

Currently four of the facilities associated with the Scheme have been completed and a further five facilities are under construction or nearing completion.  Site inspections of the four completed facilities determined that pedestrians and vehicles are generally cautious at the facilities, however some pedestrians have been noticed crossing the road at or near the facilities in Castlereagh Street and Station Street between Union Road and Union Lane, and not giving way to traffic.  Facilities that are on pedestrian desire lines that are not intended to be used by pedestrians have pedestrian fencing included on the design plan.

 

At this stage the RTA has not been able to provide confirmation of installation dates for the new signage as this is dependent on Council completing the facilities and availability of RTA signage crews to implement the signs.  Until the 40km/h and HPAA signs are installed, consideration should be given to providing advisory signs at sites where pedestrians are unsure of the priority at the facility.  It is recommended that these signs state “This is not a pedestrian crossing. Give way to vehicles”.  Following the initial “settle in” period of the Scheme, the signs could be removed.  It is considered that this may be an effective way of educating pedestrians until the Scheme is fully implemented.

 

The facility constructed on Station Street between Union Road and Union Lane is a pedestrian refuge that has been reconstructed as part of the 40km/h HPAA Scheme as an entry statement.  This facility is on an existing pedestrian desire line and it is considered that it should be utilised to provide a crossing point for pedestrians.  As an interim measure, it is proposed to install the temporary advisory signs, however permanent options to ensure additional safety at this site should be considered.  The following options are provided for consideration of the Local Traffic Committee:

 

Option 1 – Provide Permanent Advisory Signs “Pedestrians Give Way to Vehicles”

 

These signs currently exist at the two existing crossing points in High Street between Station Street and Woodriff Street.  A five-year accident analysis has been conducted at these two sites that indicates there have been no pedestrian or vehicle accidents at these locations between July 2003 to June 2008.  These results indicate that the signs are an effective means of managing pedestrian activity at the sites where vehicles have priority over pedestrians.

 

The RTA’s Technical Direction TDT 2001/04 provides information on these signs and states “As a result at some devices without pedestrian crossing signs and markings, legend (text based) or diagrammatic (pictorial) signs with similar meaning to PEDESTRIAN GIVE WAY TO MOTORISTS are erected. These signs are non standard and do not have any legal status. RTA does not authorise the use of these signs.”

 

Option 2- Provide a Marked Pedestrian Crossing

 

In order to establish the justification for the installation of a marked foot crossing according to RTA guidelines, the value of P in three periods of one hour duration should be greater than or equal to 30 (>=30) and the value of V should be greater than or equal to 500 (>=500), the product of the measured pedestrian flow per hour (P) and the measured vehicular traffic flow per hour (V), PV, is equal to or greater than 60,000.

 

The results of the pedestrian and vehicle count is shown below in Table 1.

 

TABLE 1

Station Street, near Union Lane, Penrith

Day: Monday

Date: 1 December 2008

       Pedestrian Movement                        Vehicle Movement

Time (am)

P1

P2

V1

V2

8:30

0

0

0

0

8:45

2

6

43

106

9:00

3

5

57

121

9:15

2

6

56

124

9:30

3

6

62

114

Total

10

23

218

465

Time (pm)

P1

P2

V1

V2

12:00

0

0

0

0

12:15

4

2

58

112

12:30

3

4

59

115

12:45

4

2

48

88

13:00

4

3

47

94

Total

15

11

212

409

Time (pm)

         P1

P2

V1

V2

2:30

0

0

0

0

2.45

6

2

57

112

3:00

1

3

53

110

3:15

1

3

60

113

3:30

Total

7

15

0

8

62

232

108

443

 

The results indicate that the minimum number of vehicles are met, however pedestrian numbers are lower than that required by the RTA guidelines.

 

In the past Council has generally adopted the RTA’s criteria for the installation of pedestrian crossings.  The RTA has advised, however, that the guide that provides these criteria has been withdrawn from use and that AS 1742.10 shall be used.  In this regard AS1742.10 states that “Road Authorities may have combined pedestrian/vehicle volume warrants for midblock pedestrian crossings (zebra).”  In this regard the Local Traffic Committee and Council may authorise the installation of pedestrian crossings at a site that does not meet the previous RTA guidelines.

 

Option 3 – Maintain Existing Situation

 

As stated earlier in the report, the site is on an existing pedestrian desire line and is not a pedestrian crossing.  The site could remain in its current layout.  The design has previously been approved by Council and had a Stage 3 road safety audit completed and the findings of the audit have been addressed.  In this regard, the design has undergone all required approvals.

 

Option 4 – Conduct a Stage 5 Road Safety Audit

 

A Stage 5 Road Safety Audit is conducted by an RTA accredited Road Safety Auditor.  The audit assesses each site individually to determine if the construction has been conducted in accordance with the design and investigates other identified safety matters at the site.  The report provides findings that must be addressed by Council.  It is considered that the most appropriate time to conduct a Stage 5 road safety audit is when all facilities are completed and the 40km/h and HPAA signs are installed.

 

The Local Traffic Committee is requested to consider the options and provide recommendations on the preferred treatment for the site.  The Recommendations in this report are that:

 

1.   Temporary signage be installed at sites where there is confusion over pedestrian and vehicle priority.  The signs state “This is not a pedestrian crossing. Give way to vehicles” or similar.  Following the initial “settle in” period of the Scheme the signs could be removed.

2.   The Local Traffic Committee consider the options for permanently treating the confusion over pedestrian and vehicle priority at the existing pedestrian refuge on Station Street between Union Road and Union Lane.

3.   Councillor Crameri be advised of Council’s resolution.

 

LTC Comment

The Committee considered the options in the report and advised that Council should consider the provision of a full-time marked pedestrian crossing in Station Street , and new pedestrian and vehicle warrant counts should be undertaken to determine the suitability of a crossing.

In addition, the Committee advised that “This is not a pedestrian crossing - watch out for vehicles” signage should be installed as a temporary measure.  Following completion of all the facilities and installation of all HPAA signs by the RTA, a Stage 5 Road Safety Audit should be conducted at all new facilities associated with the Scheme.

 

RECOMMENDED

That:

 

1.   Temporary signage be installed at sites where there is confusion over pedestrian and vehicle priority.  The signs state “This is not a pedestrian crossing – watch for vehicles” or similar.  Following the initial “settle in” period of the Scheme the signs could be removed.

 

2.   Following installation of the temporary signage, temporary barriers be installed, if required, to minimise crossing opportunities for pedestrians where devices are not pedestrian facilities.

 

3.   Traffic and pedestrian counts be conducted on Station Street between Union Street and Union Lane to determine if the site meets the warrants for a full-time marked pedestrian crossing.

 

4.   Upon completion of all facilities associated with the Scheme and installation of all 40km/h HPAA signage, Council engage a consultant to conduct a Stage 5 Road Safety Audit and refer the findings back to the Local Traffic Committee if required.

 

5.   Once the findings of the Stage 5 Road Safety Audit are addressed, all temporary signage and barriers be removed.

 

6.   The Mayor, Councillor Kevin Crameri OAM be advised of Council’s resolution.

 

 

GB 2          Bringelly Road/Great Western Highway, Kingswood – Traffic Safety (Raised Council)                                                                                                                                   

Council’s Acting Design & Technical Advice Manager raised an item on behalf of Councillor Jackie Greenow, concerning traffic safety at the intersection of Bringelly Road/Great Western Highway, Kingswood.  When vehicles are waiting to turn right, some drivers are making the right turn from the left lane at the traffic signals to avoid the delays.

RECOMMENDED that the Roads and Traffic Authority be requested to investigate the matter.

 

GB 3          Jeanette Street, Regentville – Traffic Safety  (Raised NSW Fire Brigades)        

Mr Alex Scott of the NSW Fire Brigades addressed the meeting regarding concerns about traffic safety in Jeanette Street, Regentville.  The NSW Fire Brigades and the Rural Fire Service each have a fire station in this street. 

Mr Scott advised that the Roads and Traffic Authority installed emergency vehicle warning signs some years ago which have not been operating for some time due to continued vandalism.  He raised concerns about the potential for serious accidents to occur when emergency service vehicles exit their properties without any warning signs in place for other motorists.  There are currently approximately seven vehicles movements per day for one station.  Since December 2008 there have been six notifiable near misses and concerns were raised about potential accidents when there are higher vehicle movements during the bushfire season.  During the bushfire season this is a stabling area and there could be up to 100 vehicle movements per day.  This issue has been ongoing for approximately eight years. 

Mr Scott suggested that the markings on the road be renewed.  In addition, there are some access issues due to parked vehicles twice a day (during school drop off and pick up times).  Mr Scott advised that this is a difficult intersection due to the proximity of the M4 off-ramp.  He requested that the flashing warning signs be replaced and the provision of “Emergency Vehicles Crossing” signs be provided, and also suggested provision of a warning sign for vehicles coming off the M4.

RECOMMENDED that Council write to the Roads and Traffic Authority seeking further advice regarding warrants for advisory flashing lights or signals at this intersection and Council provide the RTA with the current five year accident history, and the RTA be requested to consider providing additional signs and upgrade the existing flashing lights.

 

 

GB 4          Mulgoa Road, Jamisontown – Request for Provision of “No U-Turn” Sign  (Raised Penrith Police)

The Penrith Police representative requested the provision of a “No U-Turn” sign on Mulgoa Road, Jamisontown, northbound, outside the Westbus Depot.

LTC Comment

The Committee noted that Westbus has now vacated the site.

RECOMMENDED that Council write to the Roads and Traffic Authority advising that Westbus has vacated the site and some action may be required to stop vehicles from turning out of the site.

 

 

 

 

 

There being no further business the Chairperson declared the meeting closed, the time being 11:00am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 May, 2010 be adopted.

 

 

 


Ordinary Meeting

24 May 2010

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 10 May, 2010

 

 

 

PRESENT

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

 

APOLOGIES

Apologies were received from Councillors Kaylene Allison and Marko Malkoc.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 29 March 2010

The minutes of the Policy Review Committee Meeting of 29 March 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

2        Penrith Valley Community Fund

Councillor Jim Aitken OAM left the meeting, the time being 8:01pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:03pm.

Community & Cultural Development Manager, Erich Weller introduced the report and invited Richard Eastmead from the Penrith Valley Community Fund and store owner of Penrith Good Guys, and Douglas Taylor from United Way to address the Committee.

Richard Eastmead presented a short DVD on homelessness. It was indicated that homelessness is a complex issue involving a large number of families and that there are over 600 people living “rough” in the local area. The Council was advised about the ‘Penrith Valley Community Fund’ and how it benefits the homeless and of the need to generate a community groundswell to make homelessness a major issue.

Doulas Taylor presented a PowerPoint on ‘United Way’ and he explained the concept of establishing a ‘Workplace Giving Fund’ to tackle the problem of homelessness and other social problems in the local area. It was outlined how the organisation works with the corporate and business sector.

 

 

 

 

RECOMMENDED

That:

1.      The information contained in the report on Penrith Valley Community Fund be received.

2.      The presenters be thanked for their presentation and the work they are undertaking.

3.      Further advice be provided to Councillors on a workplace giving program after discussions are held between Council staff and United Way.

 

 

A Leading City

 

1        Waterside Estate - Acoustic Buffer                                                                                   

Councillor Greg Davies left the meeting, the time being 8:20pm.

Councillor Greg Davies returned to the meeting, the time being 8:21pm.

RECOMMENDED

That:

1.     The information contained in the report on Waterside Estate - Acoustic Buffer be received

2.     Council simultaneously amend the Waterside section of Penrith Development Control Plan 2006 and Draft Penrith Development Control Plan 2008 to include acoustic terrace housing as an option for providing the required acoustic buffer to industrial noise.

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Kevin Crameri OAM

 

 

 

A City of Opportunities

 

3        Paid Maternity Leave                                                                                                        

RECOMMENDED

That:

1.     The information contained in the report on Paid Maternity Leave be received

2.     Council’s Parental Leave Policy be varied to provide 14 weeks paid maternity leave and 2 weeks supporting parent leave, inclusive of current Award provisions, effective 1 July 2010.

 

3.     Council support any proposal to increase paid maternity leave to 18 weeks as a standard condition for all Local Government Employees as part of negotiations in the Local Government (State) Award 2010.

 

4.     In accordance with Recommendation 2, the Children’s Services Cooperative          be requested to make provision within its budget for the increased cost of          maternity leave provisions for Children’s Services staff from 1 July 2010. In     addition, provision will also need to be made for any further increase in paid   maternity leave entitlements within the 2010 Award.

Councillor Karen McKeown called for a DIVISION.

For

Against

Councillor Jim Aitken OAM

Councillor Prue Guillaume

Councillor Robert Ardill

Councillor Karen McKeown

Councillor Mark Davies

Councillor Kath Presdee

Councillor Tanya Davies

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Ross Fowler OAM

Councillor Jackie Greenow

Councillor Ben Goldfinch

 

 

A Green City

 

4        Accreditation of Council's Building Surveyors with the Building Professionals Board  

Councillor Robert Ardill left the meeting, the time being 9:21pm.

Councillor Robert Ardill returned to the meeting, the time being 9:23pm.

RECOMMENDED

That:

1.      The information contained in the report on Accreditation of Council's Building Surveyors with the Building Professionals Board be received.

2.      A further report be brought back to a future Policy Review Committee meeting when more detailed information is available regarding the annual accreditation and the continuing professional development requirements.


 

7        Part 3a Major Project Proposed Orchard Hills Waste and Resource Facility at Lot 40 DP 738126 (No. 123-179) Patons Lane Orchard Hills. Applicant and Owner Dellara Pty Ltd

Councillor Jim Aitken OAM left the meeting, the time being 9:25pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 9:30pm.                                    

RECOMMENDED

That:

1.       The information contained in the report on Part 3a Major Project Proposed Orchard Hills Waste and Resource Facility at Lot 40 DP 738126 (No. 123-179) Patons Lane Orchard Hills be received.

2.       Council strongly lobby the Department of Planning to increase the notification area for the proposed Orchard Hills Waste and Resource Facility.

3.       A report be prepared to a future Committee of the Whole meeting of Council on the dealings Council has had with the Environmental Protection Agency (EPA) and on why there is no State register in place regarding the disposal of asbestos and dangerous waste materials. The report to include what the current EPA system for tracking and recording dangerous waste is such as asbestos, and compliance issues in terms of how asbestos came to be disposed at this site originally.

4.       A Motion be prepared for the 2010 Local Government Association Conference on the need for a system to be established to track and record the disposal of contaminated waste products such as asbestos, and as a condition attached to any development consent  involving the disposal of waste material, developers are to provide the Council with the details of the location of the disposal site for the demolished materials and provide certification that the disposal site is appropriate for the material.

 

 A Liveable City

 

5        Draft Neighbourhood Facilities Management Policy

Councillor Ben Goldfinch left the meeting, the time being 9:58pm.

Councillor Ben Goldfinch returned to the meeting, the time being 9:59pm.

Councillor Karen McKeown left the meeting, the time being 9:59pm.                                               

RECOMMENDED

That:

1.     The information contained in the report on the Draft Neighbourhood Facilities Management Policy be received

2.     The draft Neighbourhood Facilities Management Policy be adopted to support the management of Council’s Neighbourhood Facilities.

 

 

Councillor Karen McKeown returned to the meeting, the time 10:02pm.

 

6        Managing Requests to Waive or Subsidise Hire Fees for Council Managed Neighbourhood Facilities

Councillor Mark Davies left the meeting, the time being 10:02pm.

Councillor Mark Davies returned to the meeting, the time being 10:03pm.                                        

RECOMMENDED

That:

1.     The information contained in the report on Managing Requests to Waive or Subsidise Hire Fees for Council Managed Neighbourhood Facilities be received.

2.     The interim procedure for assessing requests to waive or subsidise hire fees for Council managed neighbourhood facilities as detailed in the report be adopted.

3.     All Councillors to be advised through memorandum when any application to waive or subsidise hire fees is accepted or refused.

4.     The budget allocation for waiving or subsidising hire fees of $3,000 increase annually in accordance with any increase in hall hire fees.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:17pm.

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 May, 2010 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        2009-2010 Operational Plan - March Quarter Review

 

2        Planning Proposal - Panthers Penrith Site

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

 

3        Metropolitan Strategy Review: Sydney Towards 2036

 

4        Revised Code of Meeting Practice

 

5        2010 Local Government Remuneration Tribunal Determination

 

6        Expansion of Membership - Westpool and United Independent Pools

 

7        Liability and Property Insurance Renewal 2010-11

 

8        United Independent Pools Service Providers - Tender

 

9        Workers Compensation

 

10      Annual GST Compliance Certificate

 

11      2010 Local Government Association Conference

 

12      Electricity Tender

 

13      2009-10 Borrowing Program

 

14      Summary of Investments & Banking for the period 1 April to 30 April 2010

  

 

A Green City

 

15      Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa. Applicant: Cityscape Planning and Projects;  Owner: Jamison Investments

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

 

 

 

 

16      Development Application DA09/1231 Proposed two Storey Dwelling and Swimming Pool at Lot 803 DP 1068323 (No. 10-15) Belleview Ave Mt Vernon. Applicant: Joe Molluso;  Owner: Joe Molluso DA09/1231

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

 

17      Development Application DA09/1038 Staged Subdivision at Part Lot 2 DP 1145043, Lots 11, 12 DP 719600 and Lot 2 DP 864084 (No. 73-155) Caddens Road, Kingswood. Applicant: Landcom;  Owner: Land Commission of NSW DA09/1038

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

 

18      Development Application DA10/0291 Proposed two storey dwelling at Lot 126 DP 1108846 (No. 4) Springdale Street, Claremont Meadows. Applicant: Clarendon Homes (NSW) Pty Ltd;  Owner: Mr & Mrs McPherson DA10/0291

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

 

19      Development Application DA09/1037 Staged Subdivision at Part Lot 2 DP 1145043 (No. 73-105) Caddens Road, Kingswood Caddens Road Kingswood. Applicant: Landcom;  Owner: Landcom DA09/1037

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

 

20      Development Application DA09/0317 Torrens title Subdivision of one into four lots at Lot 2 DP 551446 (No. 31) Tadmore Road, Cranebrook. Applicant: Freeburn Surveying;  Owner: Steven Edward and Rita Jean Thompson DA09/0317

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

 

 

A Liveable City

 

21      Development Contributions Plans Review

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

 

22      Dunheved Business Park - Update on Revitalisation Investigations and Initiatives and North Dunheved Link Road

 

23      Request to Rename Victoria Street Community Cottage

 

24      2010 Graffiti Forum - Brisbane Queensland

 

 

 

 

25      Penrith Valley Sports Hub - Redevelopment of Penrith Park and Howell Oval

 

26      Facility Development at South Creek Park BMX Track, St Marys

  

 


A Leading City

 

Item                                                                                                                                       Page

 

1        2009-2010 Operational Plan - March Quarter Review

 

2        Planning Proposal - Panthers Penrith Site

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

 

3        Metropolitan Strategy Review: Sydney Towards 2036

 

4        Revised Code of Meeting Practice

 

5        2010 Local Government Remuneration Tribunal Determination

 

6        Expansion of Membership - Westpool and United Independent Pools

 

7        Liability and Property Insurance Renewal 2010-11

 

8        United Independent Pools Service Providers - Tender

 

9        Workers Compensation

 

10      Annual GST Compliance Certificate

 

11      2010 Local Government Association Conference

 

12      Electricity Tender

 

13      2009-10 Borrowing Program

 

14      Summary of Investments & Banking for the period 1 April to 30 April 2010

 

 



Ordinary Meeting

24 May 2010

A Leading City

 

 

 

1

2009-2010 Operational Plan - March Quarter Review   

 

Compiled by:                Geraldine Brown, Budget Accountant

Ken Lim, Management Planning Co-ordinator

David McIllhatton, Business Systems Co-ordinator

Authorised by:             Alan Stoneham, General Manager

Barry Husking, Director   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

The March Quarter review covers the first 9 months progress of the 2009-10 Operational Plan. It also forms part of the first year’s instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031 adopted in June 2009. 

 

Councillors have received as part of the Ordinary Meeting business paper, a separately attached “Services Performance and Financial Review Summary” report. The business paper report and separate summary report will focus on Council’s performance; Services Performance and the Financial Position, with particular emphasis on exception and highlight reporting.

 

The combined effort of all Council’s 45 services for the nine month period to 31 March 2010, has resulted in a 70% achievement of the yearly program as recorded in the adopted 2009-10 Operational Plan which is just below the three quarter target at this point of the year. Council’s Performance Planning System indicates that of Council’s 594 Tasks, Key Performance Indicators (KPIs) and Capital and Operating Projects, 561 are either on target or have been completed.  Details of the remaining 33 items and the challenges they are facing have been included in this report and in the separately attached “Services Performance and Financial Review Summary” report.

 

As previously reported to Council the development of the 2009-10 budget required a number of difficult decisions to be made in order to enable a balanced budget to be delivered with a number of one-off service adjustments being required.  These service adjustments have been placed on the high priority unfunded list and to date no capacity has been identified to reinstate any of these items.

 

The cumulative budget result for the year as at March 2010 is a deficit of $164,771.  This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional income from s603 Certificates ($20,000) and Rezoning Application Income ($23,280). The Review also identifies salary savings for the March quarter of $167,605. Previous quarterly reviews have seen these savings transferred to the Employee Leave Entitlements (ELE) Reserve, however given the positive outlook for the Reserve, further discussed later, it is considered prudent that these salary savings be retained within the employee costs budget at this stage to mitigate against any impact from year end balancing of Employee Costs. In addition to these adjustments there are also projects proposed to be revoted into 2010-11 as they are not expected to be completed in the current financial year. Further details on proposed major variations and revotes are provided later in this report.

 

This report recommends that the revised budget estimates identified in the report be adopted.

Background

In accordance with the Local Government Act 1993, the Operational Plan progress report for the period ending 31 March 2010 is presented tonight for Council’s consideration. This is the third quarterly review of Council’s 2009-2010 Operational Plan which in turn contributed to the delivery of Council’s (4 Year) Delivery Program and Strategic Plan 2031, both of which were adopted in June last year.

 

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

 

Format of the Quarterly Review Reporting

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

 

1.       Services Performance

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

 

§  Service Budgets

§  Tasks

§  Key Performance Indicators (KPIs)

§  Capital Projects

§  Operating Projects

 

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

 

·        Overall Services Performance Summary

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

 

Explanation of the Traffic Light Indicators

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

 

Table 1. Guidelines for ‘Traffic Light’ Status Indicators

 

*

[Green]

On

Target

Performance is “on target” or satisfactory to meet the year-to-date requirements of the relevant action. Normally indicates completion of 90% of the scheduled requirements.

*

[Amber]

Attention Required

Performance is marginal and extra attention is needed for ongoing items. Normally indicates completion of 75%-89% of the scheduled requirements and may be the subject of a proposed carry over or partial revote of works.

[Red]

At Risk

Performance is not on target and the requirement is “at risk” of not being delivered. This is addressed by the Manager’s commentary. Delivery is normally rated as less than 75% of the scheduled requirements and/or is the subject of a proposed revote of works.

Text Box: C

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

 

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

 

·        Completed Tasks and Projects

In the 2009-10 Operational Plan, there are approximately 160 tasks and 200 capital and operating projects listed for completion. Rather than report the progress on every task and project, only the larger key projects and tasks that were completed within the quarter are listed as highlights. The highlights list for the March Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report.

 

·        Exception Reporting

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

 

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

 

 

2.       Financial Position

The financial position of Council for the quarter is expressed by providing information on:

·        The budget position (whether balanced/surplus/deficit)

·        Significant variations

·        Identified Revotes

·        Funding Summary

·        Long Term Financial Model

·        Reserve Movements for the quarter, and

·        the Capital and Operating Budget Projects list for the quarter

Key performance comments regarding the Financial Position are outlined in the 2009-2010 Operational Plan, Services Performance and Financial Review Summary report.

 

Overall Services Performance Summary for the March Quarter

Council’s Performance Planning System indicates that the combined effort of all services for the nine month period ending on 31 March 2010, has resulted in a 70% achievement of the yearly program as recorded in the adopted 2009-10 Operational Plan.

 

This result is encouraging demonstrating that Services are being delivered to plan at this stage of the year. The contributing factors to this result are summarised in the table below.

 

Table 2 : Services Performance Summary for March Quarter 2010

 

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

(Attention Required)

RED

(At Risk)

Totals

SERVICES OVERALL (excluding Controlled Entities)

 

45

(100%)

-

-

45

 

·     Tasks

7

(4%)

148

(90%)

6

(3%)

4

(3%)

165

·     Key Performance Indicators (KPIs)

 

183

(93%)

12

(6%)

1

(1%)

196

·     Capital Projects

53

(40%)

73

(56%)

3

(2%)

3

(2%)

132

·     Operating Projects

16

(16%)

82

(81%)

2

(2%)

1

(1%)

101

Totals

76

486

23

9

594

 

Analysis of Results

Table 2 shows that all 45 Council services performed well and were “On Target” as at 31 March 2010. This result is due to:

·        94% of Tasks Completed or On Target

·        93% of KPIs were On Target

·        96% of Capital Projects were Completed or On Target, and

·        97% of Operating Projects were Completed or On Target.

 

It is encouraging to report that for the third quarter in the Operational Plan year that the vast majority of key reporting elements show that progress is “on track” especially given the large number of projects phased for completion in the remaining three months of the financial year.

 

Completed Tasks and Projects

A positive result coming from Table 2 is the identification of 76 tasks and capital and operating projects that were completed in the 9 months to 31 March 2010 of which 22 were completed within the third quarter. Some of the key projects and tasks completed in the March quarter are listed below:

 

Key Task or Project Completed

Commentary

2010 Australia Day Celebrations

Despite the 41 C heat, over 25,000 spectators attended the Australia Day 2010 celebrations at Penrith Lakes on 26 January. The all-day event themed “Celebrate Penrith City 09" featured well known Australian artists, Mark Seymour and Cassie Davis as headline performers as well as a variety of community groups, children’s shows and activities and a spectacular fireworks display at the end of the evening. The Australia Day Council continues to recognise this regional event in Penrith as one of the biggest ‘annual day of celebration’ throughout New South Wales.

Clean-Up Australia Day

On 7 March, the 2010 Clean-up Australia Day event was conducted with 46 clean up groups including 16 schools and 2 business groups participating. Council staff co-ordinated and collected the waste disposing of 3.3 tonnes of rubbish.

Childcare Centre upgrades

The programmed upgrade of roller doors at Council’s Childcare Centres were completed this quarter as well as the footpaths at Werrianda and Yoorami Childcare Centres.

Construction of Bicycle Facilities

The upgrade of the existing facilities in McHenry Reserve was completed creating a shared bike path. The pathway will provide additional connectivity for residents in Cranebrook to schools and shops, help to improve community health and provide an alternative form of transport.

Policy for Overland Flow for Rural Areas

The draft Overland Flow-path policy and the prescriptive controls for development for Rural Areas was completed and adopted by Council on 22 March.  The policy will be publicly exhibited as part of the Development Control Plan (DCP) later in 2010.

Roads to Recovery Program

100% of the Roads to Recovery component of the Roads Maintenance Program was completed in the 3rd quarter. This work represents 4.3 kilometres of road pavement resurfaced or rehabilitated and includes York Street, Emu Plains; Cascade Road, Cranebrook; Calverts Road, Orchard Hills, Ploughman Crescent, Werrington Downs and Armstein Crescent, Werrington; Blair Avenue (Lethridge Street to Phillip Street), St Marys, Andrews Road, Penrith; Bennett Road, Erskine Park; Putland Street, St Marys and Victoria Street (Parkes Avenue to end of road) Werrington.

Roads Reconstruction Program

Four significant projects were completed this quarter as part of the larger Roads Reconstruction program. These included works at Forrester Road, North St Marys ($630,000); Harwood Circuit, Glenmore Park ($174,000); Woodlands Drive, Glenmore Park ($134,000) and the western section of the Penrith Cemetery ($229,000).

Rural Roads Widening program

100% of the Rural Roads Widening program was completed in the March Quarter. Completed projects included Second Avenue, Llandilo and Eighth Avenue, Llandilo ($161,000).

Services Review Program 2009-2010

The Services Review Program for 2009-10 was completed with results presented to Council on 10 March. This comprehensive review of Council services focused on delivering “best value” to the community, identifying tangible financial savings, identifying potential productivity gains and a review of all Council’s Fees and Charges. Through this process, a number of savings and productivity initiatives to be advanced during the next 2 years were identified. The review also provided evidence supporting Council’s ongoing delivery of “best value” services to the Community.

Seniors Week

Council provided support for 14 separate projects celebrating Seniors Week in March. Projects included a Seniors Expo at Panthers, a University of the Third Age (U3A) Open Day, grandparents days at local schools and a memories fashion show. Council held two concerts, with the theme 'Live Life - Active Ageing', at the Joan Sutherland Centre. Over 600 older people attended the concerts featuring local high school performances, the Penrith Older Women's Network, the Golden Stave Music Therapy Centre and a local performing arts group. The Mayor, Cr. Kevin Crameri OAM opened each of the concerts and feedback on the quality and variety of performances was extremely positive.

 

Exception Reporting

A total of 32 Tasks, KPIs and Projects in 22 services were identified in the Services Performance Summary (Table 2) as being an “Amber Traffic Light “requiring attention” or a “RedTraffic Light “at risk” of not being delivered or “not achieved this quarter”. A complete listing, sorted by individual service, is provided in the table below with commentary/remedial action also provided.


 

Traffic

Light

Measure

Result

Target

Comment / Remedial Action

Building Approvals & Certificates

AMBER

(Attention Required)

KPI:

More than 90 new properties registered on the Fire Safety database per quarter

36 properties

90 properties

The number of new properties registered on the Fire Safety database was less then the KPI. This occurred as 133 properties that were identified in inclusion in the database required comprehensive Fire safety audits to be undertaken. This process is well underway but will delay the registration of these properties. Site surveys of the LGA have commenced to verify that all relevant properties are registered. The year to date registrations indicates a shortfall of only 14 properties. It is anticipated that substantial progress can be made in the registration of properties in the next quarter.

Bushland Management

AMBER

(Attention Required)

KPI:

Number of Volunteer bushcare hours worked

692 hrs

900 hrs

Expected hours not achieved. Bushland management program will have a focus on expanding our volunteer base in the coming months. The effective management of bushland, in particular weeds, is requiring additional resources to be effective. It is hoped that additional volunteers can be sourced and retained to maximise the outcomes of our regeneration program.

Children’s Services

AMBER

(Attention Required)

KPI:

More than  68% utilisation of Vacation Care Programs

59%

68%

This result is 9% below target. Whilst it is expected that the under utilisation is due to growing pressures on disposable family income, we are currently analysing the days of operation and utilisation across all vacation care services.

City Parks

AMBER

(Attention Required)

KPI:

All tree preservation order inspections carried out within 10 working days

85%

100%

Improved performance from quarter 2 due to a decrease in the volume of requests and a review of systems and processes.


 

City Planning

AMBER

(Attention Required)

Task:

Progress the Penrith LEP 2010 and DCP 2010

50%

75%

Council endorsed LEP 2010 (Stage 1) in November 2009, and this was forwarded to the Department of Planning (DoP) for gazettal.  Since then, the DoP has identified further issues for resolution, which is diverting staff resources from progressing LEP 2012 (Stage 2).  It is now intended to present the Planning Proposal for LEP 2012 (Stage 2) to Council in July 2010.

RED

(Not Achieved)

Task:

Progress the Penrith Planning Strategy

20%

75%

The Penrith Planning Strategy, which will consolidate all of Council’s adopted planning strategies, cannot be progressed until the draft Urban Strategy has been exhibited (concurrently with LEP 2012) and adopted by Council.  It is now intended that this project will be progressed in 2011 or 2012, depending on the exhibition timeframes for LEP 2012.  Any delay in finalising the Strategy will not adversely impact on other projects.

Civil Construction and Maintenance

AMBER

(Attention Required)

Task:

Establish internal and external benchmarking for asset performance and resource inputs

30%

75%

To be progressed in the 4th quarter of 2009-2010.

AMBER

(Attention Required)

Task:

Implement Asset Management Strategies for buildings that maintains those assets to agreed standards and fit for their contemporary purpose

50%

75%

Although behind schedule a number of actions have taken place to progress this task further:

§ A new IT system is being developed for building and other asset classes

§ External consultants have been engaged to assist with an Assets Management Improvement Plan

§ A Building Assets Coordinator has been employed to develop a database to capture the asset condition of all Council buildings.

AMBER

(Attention Required)

Capital Project:

River Road

15%

75%

Design work is in progress. Construction work is scheduled to be completed in June 2010.

AMBER

(Attention Required)

Capital Project: Davenport Drive

10%

75%

Design work is in progress. Construction work is scheduled to be completed in June 2010.


 

Community & Cultural Development

AMBER

(Attention Required)

Operating Project: Cultural Development Officer – City

60%

75%

PROPOSED REVOTE: This project receives some funding by Arts NSW as part of a triennial agreement with Council, however this is allocated on a calendar year basis and this revote is required to adjust the phasing to the budget.

Community Safety

AMBER

(Attention Required)

KPI:

More than 80% of recommendations implemented following the community safety assessments/audits to enhance safety and amenity to Penrith public spaces.

50%

60%

Prioritised works continue to be progressed to implement recommendations from Community Safety Audits. This is also dependent on available resources.

RED

(Not Achieved)

Capital Project:

Safer Suburbs Funding - Cranebrook Lighting Project

50%

75%

PROPOSED REVOTE: The ‘Cranebrook Street Lighting Enhancement Project’ is funded by the Federal Attorney General’s Department. Detailed designs have been finalised and submitted to Integral Energy for approval. Council’s preferred contractor was engaged for the construction of the new lighting however they were only level 2 accredited. Tenders advertised for Level 1 Accredited Service provider last week as required by Integral Energy. Federal Government extension to the project was approved. The project will commence once Integral Energy approval has been received.

Design & Project Management

RED

(Not Achieved)

Capital Project: Penrith Station Commuter Carpark

10%

75%

PROPOSED REVOTE: Designs completed and tender documents prepared for the change in scope of the car park (now 500 space deck and 500 space at-grade). Tendering for construction on hold pending resolution of DoD / Landcom sale of site and confirmation of additional funding.

RED

(Not Achieved)

Capital Project: Howell Oval Cricket Pavilion

10%

75%

PROPOSED REVOTE :The scope of this project has changed resulting in a different delivery model requiring Council to deliver Howell Oval.  This cannot commence until there is agreement from the Federal Government on the change of scope and confirmation of additional funding.  Formal written approval is being sought prior to commencement.

RED

(Not Achieved)

Operating Project: CUA Stadium Stage 3 - Southern Grandstand

10%

75%

PROPOSED REVOTE: Panther's component of works has been developed to a point where construction can commence as soon as the Federal funding agreement is finalised. The Howell Oval component has been completed to tender documentation stage and will be advertised once confirmation of change of scope and additional funds is received.

Development Applications

AMBER

(Attention Required)

KPI:

More than 70% of Major development Applications determined within 50 days. (Proposed new EPA Regulation target)

55%

70%

Major DAs are under target by 15%, down 17% from last quarter when the KPI was achieved. These results are attributed to:

§ Increased determinations of older applications due to targeting a backlog of those outstanding

§ Higher proportions of major applications being determined to minor than usual (arguably due to slow down in new dwelling proposals)

§ Demand of assessment resources to intensive applications including St Mary's release area, Glenmore Park Stage 2, Claremont Meadows release areas, NEO modification, Glenmore Park Town Centre,  Land and Environment Court Appeals and an increase in applications reported to Council.

It is expected that this KPI will not be met by the end of the financial year with the current commitment to targeting applications over 90 days and reducing overall application numbers to provide for more efficient assessment of current applications longer term.

AMBER

(Attention Required)

KPI:

More than 70% of Advertised, Integrated, Concurrent or Major development Applications determined within 70 days (Proposed new EPA Regulation target)

56%

70%

Advertised and integrated applications are under target by 14%, down 27% from the last quarter. However, it is noted that there were only 9 applications in total of which 4 were not within the time frame. It is expected that this KPI may not be met by the end of the financial year with our current commitment to targeting applications over 90 days and reducing overall application numbers to provide for more efficient assessment of current applications in the longer term.

RED

(Not Achieved)

Task:

Develop an eDA system that enables management of all elements of DA process

50%

75%

The development of an eDA system involves 3 principle components:

Phase 1 – the DA Tracker System has been enhanced to make Development and Construction Certificate applications viewable to the public in addition to their status.

Phase 2 – various components of the planning online E-Lodgement function have been set up and tested including online application forms, secure online payments, automating data input from applications lodged over the internet and plan measurement and authorisation. Given improvements are needed to the existing Proclaim system to advance these elements of the project it is unlikely that the task will be completed this financial year.

Phase 3 – the conversion of the Citywide Local Plan data and maps is pending the gazettal of stage 1 of the LEP and DCP.

Development Engineering

AMBER

(Attention Required)

Tasks

Task:

Deliver a certification compliance and advice service for civil engineering infrastructure for new development

60%

75%

The Development Engineering Unit has continued to deliver a certification compliance and advice service for civil engineering infrastructure for new development. The following service statistics are applicable to the March quarter.

Development Application Referrals:

•   54% of referrals returned in 14 days of receipt

•   Average referral turnaround = 19 days

Construction Certificates:

•   83% of Construction Certificates issued within 28 days (includes stop the clock)

Flood Certificates:

•   Number of flood certificates issued = 18

The Development Engineering Unit is providing basic service levels with a focus on critical tasks and urgent customer requests. Referral turnaround time frames are improving but are not meeting agreed time frames due to staff vacancies and increasing workloads. Action has been taken to return service levels to normal standards during the next quarter and into the future.


 

Emergency Services

RED

(Not Achieved)

Task:

Review the Local Disaster Plan in collaboration with Emergency Services providers

0%

75%

The review of the Local Disaster Plans (DISPLAN) has not been commenced and will not be completed in this financial year as NSW Emergency Management has advised that the procedures for recovery (after a significant event) are being reviewed as part of the public exhibition of its Recovery Supporting Plan in June. It is expected that the State Government’s review of recovery arrangements will be finalised after June and the recommendations will then be included in the review of the local DISPLAN.

Financial Services

AMBER

(Attention Required)

KPI:

Outstanding rates, charges and fees less than 4.5% [excl. pensioners]

5.26%

<4.5%

Current year to date result is 5.26%, All avenues will continue to be explored to reduce this indicator by year end

Fleet & Plant Maintenance

AMBER

(Attention Required

Task:

Develop a database and maintain records on E10 usage and replace vehicle with E10 capacity

50%

75%

A number of issues have been identified through the implementation stage of a new fleet management system which will fulfil the task. These issues have been addressed in later versions of the system which will be upgraded in May 2010. It is expected that this task will be closer to completion following the upgrade.

Information Technology

AMBER

(Attention Required)

Task:

Establish and maintain a register of all power savings realised.

40%

75%

Research project has commenced in partnership with the University of NSW. Later stages of this project will develop the register.

Neighbourhood Facilities Management

AMBER

(Attention Required)

KPI:

More than 85% of residents satisfied with the condition of community halls and centres.

72.7%

85%

This KPI was addressed in the December Review. The customer satisfaction result is based on the city-wide survey undertaken in July 2009 and will remain the same for the remainder of 2009-10.

AMBER

(Attention Required)

KPI:

More than 85% of residents satisfied with the provision of community halls and centres.

72.6%

85%

This KPI was addressed in the December Review. The customer satisfaction result is based on the city-wide survey undertaken in July 2009 and will remain the same for the remainder of 2009-10.

Records Management

RED

(Not Achieved)

KPI: More than  90% of Freedom Of Information (FOI) requests completed in 21 working days

63%

90%

The KPI result is below target due to extended consultation requirements where those 3rd parties who are the subject of or who are affected by an FOI request must be contacted in writing before the request can be completed.

Recreation & Leisure Facilities Management

AMBER

(Attention Required)

Capital Project :

Gipps Street Detailed Design

50%

75%

PROPOSED REVOTE: Outstanding design work required for Gipps Street includes street lighting, amenity building, irrigation, skate park, and playground. This has been prioritised and quotations from appropriate consultants are being obtained. The quotations will be evaluated in the next quarter with further work to be carried out in the 2010-2011 financial year. The following works have been completed: Design of sporting field, internal roads, pathways and drainage completed, REF for construction; a total of 88,000 tonnes of material have been received and distributed on the site at no cost to Council.

AMBER

(Attention Required)

Operating Project:

Penrith Valley Regional Sports Centre (PVRSC)

25%

50%

PROPOSED REVOTE:

PVRSC are managing the project to refurbish the facility and have received tenders for the proposed work. The tenders have been reviewed and a funding agreement, between Council and PVRSC, in relation to the expenditure of the $850,000 has been drafted. To complete the funding agreement PVRSC are required to provide a finalised scope of work and project program.

Risk Management & Insurance

AMBER

(Attention Required)

KPI:

Council's Enterprise Risk Register complete and up to date.

70%

100%

A number of service areas have yet to submit their risk assessments. Subsequently the operational risk register cannot be completed. Service Managers are to complete their assessments by the end of May 2010.

Sustainability Planning

AMBER

(Attention Required)

Task:

Review the Water Savings Action Plan

30%

75%

Council's four year Water Savings Action Plan (WSAP) finishes in 2010.  Council has begun a review of the measures implemented under our current WSAP, however the overall work program has been delayed pending advice from DECCW regarding its requirements for the review.


 

Workforce Development

RED

(Not Achieved)

KPI: More than  90% of salary increases paid within 10 working days of assessment result being communicated

72%

90%

Approximately 20 skills and knowledge assessment increases were delayed more than 10 working days due to payroll staff on leave during this period.

 

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

 

 

Financial Position

                                                                                                                          $000’s

Original Budget Position Surplus/(Deficit)

Nil

 

 

 

 

September Quarter Variations 

(262.5)

 

December Quarter Variations

(26.5)

 

March Quarter Variations (reported to Council)

6.4

 

March Quarterly Review Proposed Variations

117.8

 

Revised YTD Surplus/(Deficit)

(164.8)

 

 

The more significant variations (F – favourable, U- unfavourable) proposed for the quarter include:

                                                                                                                           $000’s

Net Salary Savings

167.6

F

Provision for Retirements/Resignations

167.6

U

Rezoning Application Income

23.3

F

S603 Certificate Income

20.0

F

 

 

 

 

 

The predicted cumulative result for the year as at March is a deficit of $164,771 after the recommended variations for the quarter. These adjustments together with proposed minor variations, revotes, and reserve movements are detailed in the (2009-10 Operational Plan – Services Performance and Financial Review Summary).  Commentary is provided below on the more significant issues in the review.

Net Salary Savings

During the third quarter of 2009-10 salary savings have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings net of those being retained by department total $167,705 for the March Quarter

 

During the first six months of 2009-10 a number of areas across Council had identified salary savings.  These savings, totalling $369,022, were transferred to the ELE Reserve to accelerate the agreed strategy to bring this Reserve back to the benchmark of 20% averaged over three years. Following these transfers and the $200,000 budget allocation the ELE Reserve is estimated to hold approximately 18.12% of projected leave entitlements at 30 June 2010. With the inclusion of an annual transfer to the Reserve of $300,000 in the 2010-11 and 2011-12 budgets it is now predicted that the ELE Reserve will hold greater than 20% as at 30 June 2012.

 

Considering the projected balance of the ELE Reserve and the challenges that have been faced in the current year budget, it is proposed that as part of the March Review that the salary savings identified be retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for payment of leave entitlements to long term staff who retire/resign. Any remaining savings at year end will be transferred to the ELE Reserve.

Rezoning Application Income – $23,280 increase (no original budget)

As it is difficult to predict rezoning applications that may be received during the year no original budget was included for this non-periodic type of income.  The 2009-10 budget is now proposed to be adjusted to match the actual income received to date from two rezoning applications for Mulgoa Road and Gipps Street.

s603 Certificate Income - $20,000 increase (11%)

A Section 603 Certificate is applied for by the purchaser/solicitor when purchasing a property and provides information relating to the property such as:

§ Property number and address

§ Current owners name

§ Legal description of the property

§ Rates and charges levied for the current year

§ Outstanding rates and charges

§ Water usage account outstanding

 

An increase in income expected from section 603 certificates has been primarily attributed to the extension of the government program of first home buyer benefits this financial year and it is proposed to adjust the annual budget upwards by $20,000.

 

Other variations with no impact on Available Funds

Works-in-Kind -Roads - (decrease of $1m) and Works-in- Kind Drainage (decrease of $300,000)

The original budget for dedications will not be achieved in 2009-10 as it continues to be impacted by the lower level of development activity.  It is proposed to adjust the annual budget for works-in-kind to reflect projects expected to be completed by the end of the financial year with revised estimates of $1m for Road Dedications and Drainage Dedications of $450,000. 

Road and Footpath Restorations Expenditure/Income - increase of $113,264

Service authority and private restoration income for the quarter has exceeded expectations. The additional income is offset against the corresponding additional expenditure required for the requested works. The majority of the additional income relates to major restoration works at Links Road which is performed by contractors.

 

 

Tree Replacement Spotted Gum (5-Year Program) - decrease of $84,000 (Reserve)

A five year program for the removal of spotted gum trees was established by Council in 2008-09.  This is the second year of the program and a number of high priority trees in various neighbourhoods throughout the Penrith LGA have been identified for removal during 2009-10.  As reported to Council on 22 March 2010 the extent of the program was estimated to exceed the required threshold and Public Tenders were called.  The preferred contractor represented a saving on the current year allocation for this project of $84,000.

 

It is proposed in this Review to return these savings to reserve in order to provide funding for the program in 2010-11.  The proposal to fund part of the 2010-11 program from this reserve has been included in the Draft 2010-11 Budget that was presented to Council on 3 May 2010.

 

Waste Education Budget - increase of $70,000 (Reserve)

As reported to the Waste Services Committee Meeting on 25 March 2010, a strategically focussed communications plan is being implemented to address the community’s education and awareness of the three-bin domestic waste collection system.

 

Communication Strategies include:

1)   Advertising

2)   Media releases

3)   Mayor’s column

4)   Internal communications

5)   Shopping Centre information visits

6)   School education with SITA and ‘Keep Australia Beautiful’

 

A report to Council on 15 March 2010 identified that an additional $75,000 funded from the Waste Reserve would be required to fund an enhanced education and communications program including advertising and staff resources.  With the development of the communication and education program additional events/programs have been identified that require funding and it is proposed that a further $70,000 be provided for education and communication programs funded from the Waste Reserve.

 

West Catchment Drainage Design and Erskine Pk/Mamre Road Intersection Design -  decrease of $54,250 (s94 Reserve)

The designs for this work have been completed, however the RTA is currently reviewing the scope of the project which may result in the need to redesign part of the project.  The remaining funds available in the projects are proposed to be returned to the Section 94 reserves until the review of the scope is finalised.

Property Development (Reserve)

Major budget variations proposed to the Property Development Model in the March Review are as follows:

 

Capital Expenditure – net decrease of $120,000

 

§ GWH Emu Plains, Old Post Office – The redesign of the proposed drainage connection to the existing pipes has delayed the D.A. process into 2010-11 and the budget for 2009-10 has been reduced accordingly.  A full report on the proposed project will be reported to Council at a later date.

 

§ Queen Street and Carson Lane, St Marys (DoCs) -   Additional expenditure has been required in 2009-10 for project management services and also to complete the fitout of the ground floor coffee shop in order to achieve an improved rental prospective.

 

§ Old Council Chambers Building - The future development proposal for this property has been deferred until 2010-11.

 

Income – net decrease of $170,000

 

§ A number of proposed lane closures and other items will not be progressing this financial year.

 

Revotes

There are a number of adjustments totalling $6.7m to planned capital works and operating projects proposed for adoption this quarter and a listing can be found in the Operational Plan Review document. The total value of revotes for the year to date (including the proposed revotes) is $6.9m compared to $16.5m for the same period last year. The more significant of these proposed revotes for the March Quarter are discussed below.

 

Howell Oval Cricket Pavilion $3,007,561 (grant) and CUA Stadium Stage 3 – Southern Grandstand $774,807 (grant)

These projects have been delayed due to the scope of the overall project being changed which has resulted in a different delivery model requiring Panthers to deliver one component and Council to deliver the Howell Oval component.  Neither part of this project can commence until there is agreement from the Federal Government on the change of scope and confirmation of additional funding.  The Federal Committee verbally approved the project on 19 March 2010, however formal written approval is being sought prior to commencement of work.

 

Penrith Station Commuter Carpark  $1,967,614 (grant)

Tendering for construction of the commuter car park has been placed on hold pending a resolution of the priority of sale between Department of Defence and Landcom for the site. In addition Council is awaiting confirmation of additional funding following the Federal Government’s alterations to the scope of the project.  The project is now planned to comprise a 500-space deck and a 500-space at grade car park.

 


Penrith Valley Regional Sports Centre $286,313 (reserve)

An allocation of $850k has been made in the current budget for upgrades at Penrith Valley Regional Sports Centre (PVRSC). The first stage of these upgrades addresses compliance work required under the Building Code of Australia.  The PVRSC have engaged a contractor to complete these works by 30th June at a contract cost of $563,867.

 

The second stage of the upgrade, which will commence following the completion of stage 1, will provide a contribution to the PVRSC to provide for general centre enhancements including the potential floor refurbishment. As the PVRSC are currently finalising the scope of the work and also the timeframe for expenditure it is proposed to revote the balance of $286,313, relating to Stage 2, to 2010-11.

 

Safer Suburbs – Cranebrook Lighting Project $257,500 (grant)

Design approvals for the Cranebrook Street Lighting Project have been received from Integral Energy advising that the lighting installation must be completed by a Level 1 Services provider.  This advice will now allow Council to advertise the tender in May 2010, with a report to Council on the results of the tender in June, with works likely to commence in July 2010.

 

Building Asset Renewal Program $150,000 (general revenue)

The Civic Centre Lift Upgrades project has experienced delays due to the time it has taken to source the parts required from overseas. This delay has resulted in the contractors commencing later than expected thus requiring funds to be revoted to 2010-11.

 

Asset Replacement Corporate Data Web Server $100,000 (reserve)

A major task for this project in 2009-2010 was the replacement of the Storage Area Network (SAN). The SAN is the highest single cost item within the IT infrastructure. Research has begun into its replacement including an approach for indicative pricing being made to the current SAN’s supplier. Due to a range of estimates received based on different options and capacities, and the complexity of the solution, more research into possible alternatives is required prior to making a final decision.  By the time this research is completed and quotes are called for and evaluated, it is highly probable that the new equipment would not be delivered until July/August 2010.

 

Earlier this financial year a review was conducted on project expenditure and priority, including this project and to this end an extended warranty was purchased for the SAN to extend its lifespan. To exercise due diligence in sourcing a replacement SAN a revote of $100,000 (being the higher end of the estimates obtained) is proposed.

 

Great River Walk Stage 5   $66,424 (s94 reserve and grant)

Delays have been caused by a change of scope that has been approved by the Department of Planning in which a heritage interpretation plan is to be prepared by consultants in lieu of the construction of a rest stop at the end of Fitch Ave. This requires additional project development and consultants are soon to be engaged for the heritage interpretation plan.

 


Gipps Street Detailed Design $58,761 (s94 reserve)

This project has a number of outstanding design works and even if quotations for these works were received it is unlikely that these works would be delivered prior to 30 June 2010. It is recommended to revote the balance of the project to 2010-11.

 

Outstanding design works include:

§ Street & Flood Lights design (currently obtaining quotations)

§ Irrigation (borehole investigation to be done to determine viable solution)

§ Amenity Building design

§ Sewer + Water design

§ Skate Plaza design

§ BMX

§ Playground equipment

§ Landscaping design

§ Access intersection design from Gipps Street

§ Design of ‘stormwater treatment device’ before it gets discharged to the wetland and river

 

The following works in relation to this project have been completed:

§ Design of sporting field, internal roads, pathways and drainage

§ “Review of Environmental Factors” (REF) for construction 

§ A total of 88,000 tonnes of material received to be used on sporting fields at no cost to Council

 

Conclusion

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

 

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

 

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

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009-2010 Operational Plan - March Quarter Review be received.

2.     The 2009-10 Operational Plan Review as at 31 March 2010, including the revised estimates identified in the recommended budget, be adopted.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

2

Planning Proposal - Panthers Penrith Site   

 

Compiled by:                Natasha Baker, Senior Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We build our future on the principles of sustainability, and understand and respond to the effects of climate change on our region

       

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

 

Executive Summary

§ Panthers Partnership has lodged a rezoning application for Council to consider as a site specific Planning Proposal separate to Council’s Stage 2 LEP process.

§ This report provides information on the Panthers Partnership planning proposal and seeks endorsement to forward the proposal to the Department of Planning’s for a gateway determination.

§ Panthers Penrith site sits within the strategic planning area known as the Riverlink Precinct.

§ For the Panthers Penrith planning proposal to proceed through the gateway, Council is required to sponsor the proposal. Council staff have been working collaboratively with Panthers Partnership to prepare the planning proposal for Council sponsorship.

§ An initial planning proposal prepared by Panthers Partnership together with the Riverlink baseline studies for Urban Design, Traffic and Economic and Land Use, and an independent retail impact assessment have informed the final content of Council’s planning proposal.

§ Council has also engaged a consultant to undertake an independent Net Community Benefit Test in response to the Riverlink Probity Plan and to provide transparency to this process. The Net Community Benefit Test is a major component of a planning proposal.

§ The key matters for consideration in the Panthers Planning Proposal are the quantum and type of retail, the net community benefit, flooding and LEP provisions such as future zones, heights and FSRs.

§ The Panthers site is acknowledged in the Penrith City Centre Vision and the draft North West Subregional Strategy as a major asset and contributor to the Regional City status of Penrith.

§ The Panthers LEP will be rolled into Stage 2 LEP in the future when it is gazetted.

 

Background

In April 2008, Council adopted the Riverlink Precinct Plan as a broad set of principles to guide future, more detailed planning for this locality. That plan identified areas that could potentially support a range of future leisure, entertainment and tourism activities in the Precinct. The Riverlink Precinct is generally bounded by the Main Western Railway in the north, the Nepean River to the west, the M4 to the south, and Mulgoa Road to the east.

The Riverlink Precinct Plan was prompted in part by the joint venture between the Panthers Group and ING Real Estate Development Australia (Panthers Partnership) to develop its holdings within the precinct as a mixed use leisure, entertainment, retail, commercial and residential project.

 

In addition to the analysis of the Riverlink Precinct by Council, the Department of Planning’s Penrith City Centres Taskforce also examined the future of the Riverlink Precinct and its relationship to the Penrith City Centre. The taskforce determined that “the Riverlink Precinct will become a recreational, leisure and entertainment destination for locals and visitors and that the river frontage will become the focus of local restaurants, clubs and recreation uses”.  The impact of the scale and range of land uses within the Precinct upon the City Centre and the need for these to be complementary rather than competitive are considered critical in examining future scenarios.

Panthers Partnership has submitted a planning proposal (enclosed separately for the information of Councillors) for its site within the Riverlink Precinct for Council’s consideration.

 

What is a Planning Proposal?

A planning proposal is a plain English document which explains the intended effect of, and justification for, a proposed Local Environmental Plan (LEP). The planning proposal will be read by a wide audience including the community and those who are responsible for deciding whether a proposal should proceed. A planning proposal will be updated and amended with input from community and state agency consultation. The preparation of a planning proposal is the first step in the process of making an LEP.

 

For any planning proposal to advance to the Department of Planning (DoP) under the new gateway process, Council needs to “sponsor” it.  Councillors were briefed on the gateway process on 17 May 2010.  A gateway determination given under the new gateway process must authorise a planning proposal to proceed before community consultation takes place.

The Gateway Determination will:

·         identify whether any supporting studies are required

·         fix the timeframes for the planning proposal process (making the LEP)

·         identify the requirements for consultation with Government agencies, and

·         identify the requirements for community consultation (the extent of the public exhibition and need for a public hearing).

 

Panthers Penrith - Planning Proposal

To assist in Council sponsoring the planning proposal, Council is being informed by the planning proposal submitted by Panthers Partnership and the Riverlink baseline studies that have been completed for Urban Design, Traffic and Economic and Land Use. The draft findings of the baseline studies were presented to the 22 July 2009 City Centres Working Party. Since the conclusion of these studies, further studies have been carried out independently and include a Retail Impact Assessment for retail proposals outside of the City Centre and a Net Community Benefit Test (NCBT).

The land uses proposed include:

·    club expansion

·    conference facilities

·    brand outlet centre (25,000m2)

·    general retail (12,500m2)

·    restaurants and cafes

·    commercial (campus style office development)

·    entertainment (bowling, cinema etc.)

·    multi-use arena

·    tourist and visitor accommodation (serviced apartments and hotel)

·    aquatic, health and wellbeing facilities

·    residential (medium and high density development of approximately 650 units)

·    seniors living (250-350 independent living units plus 80 bed aged care facility)

·    recreational opportunities such as parks, open spaces, walking and cycle ways.

 

The existing zones currently permit these land uses, with the exception of the retail, commercial and some residential uses. The planning proposal is therefore seeking approval for all of these uses, but in a more integrated plan.

Panthers Partnership has also provided some additional detail in its masterplan for the site, including specific land uses, building footprints and heights. This detail has assisted with the preparation of Council’s Planning Proposal for the site.

The Panthers Penrith Planning Proposal is being considered separately to Council’s LEP Stage 2 process for two reasons. Firstly, a separate planning proposal for the Panthers site permits an independent assessment, consistent with the Riverlink Probity Plan. The probity plan was developed as Council, which has multiple functions and interests in the Riverlink Precinct. Council is the statutory planning authority, a major landowner (Woodriff and Carpenters sites) and has historical and contractual relationships with Panthers. In recognition of the potential for perceived conflict of interest in these circumstances, Council engaged an independent consultant, Deloitte, to prepare a probity plan in relation to its dealings with the Riverlink Precinct. The probity plan provides clear guidance for Councillors and staff in the assessment of future planning and development options for the Precinct. Councillors were briefed about the probity plan at is Ordinary meeting of the 22 March 2009.

Secondly, the Panthers site has been specifically referenced in the draft North West Subregional Strategy and the Penrith City Centre Vision as having a future role for Penrith by providing complementary and supportive land uses to the Penrith City Centre, and as an asset to  Penrith ‘the Regional City’. In light of this status, a separate planning proposal for this site will allow a more specific focus and greater depth of consideration than might be available if included in the larger and more complex Stage 2 work program.

Key Matters in the Planning Proposal

The content of the Planning Proposal has been extensively assessed and negotiated between Council officers and Panthers Partnership and the key matters that have been addressed and resolved include:

1.   quantum and type of retail

2.   net community benefit test

3.   flooding, and

4.   LEP zones and provisions.

 

1. Quantum and Type of Retail

The original Panthers Penrith Concept Plan proposed 66,000m2 of retail including the development of a brand outlet centre (43,000m2 over two stages), general retailing (16,500m2) and food and beverage retailing. The quantum of retail originally proposed is comparable to 2/3rds the size of Westfield Penrith. This amount of retail would likely compromise the City Centre as a strong trading centre and job creator adjacent to established infrastructure.

The Riverlink Economic Impact and Land Use Analysis identified preferred land uses for the Panthers site and generally supported a smaller retail component on the site between 12,000-13,000m2 to service the precinct. This level of retail represents the least economic impact on the City Centre while still providing for the recognised retail needs for residents, employees and the general operation of the site.

The study also recognised that specialised retail in the form of a brand outlet centre is a growing trend, however would require further detailed retail impact analysis. This concern was also raised by the DoP, which support the 12,000-13,000m2 range of retail for local conveniences on the Panthers site, however any additional retail above this amount (such as the brand outlet centre) would need to be assessed against the Net Community Benefit Test to determine if the site is appropriate as a focus for retail activity servicing a broader region. The Net Community Benefit Test is discussed in more detail below.

In response to the study and the DoP views, Council engaged a consultant to prepare an independent Retail Impact Assessment of the Panthers Penrith site (namely the additional retail in the form of a brand outlet centre) and the Parkview site (based on retail limits initially discussed with the DoP in relation to a Major Project Application). The impacts were presented to a Councillor Briefing on the 18 November 2009 where a presentation was given by Hill PDA (Council consultant) and ING on behalf of Panthers Partnership.

The Hill PDA assessment identified 8 retail scenarios for the City:

1.   No Parkview and 12,000m2 general retail on Panthers

2.   No Parkview and 23,000m2 general retail on Panthers

3.   No Parkview and 12,000m2 general retail on Panthers and 25,000mBrand Outlet Centre

4.   No Parkview and 23,000m2 general retail on Panthers and 25,000m2 Brand Outlet Centre

5.   Parkview (13,500m2) and 12,000m2 general retail on Panthers

6.   Parkview (13,500m2) and 23,000m2 general retail on Panthers

7.   Parkview (13,500m2) and 12,000m2 general retail on Panthers and 25,000m2 brand outlet centre, and

8.   Parkview (13,500m2) and 23,000m2 of general retail on Panthers and 25,000m2 brand outlet centre.

The impact assessment supply and demand modelling indicates that if all proposals were to proceed (13,500m2 Parkview, 23,000m2 Panthers and 25,000m2 brand outlet centre) it would result in considerable oversupply of retail floor space that would likely take until year 2024 before the existing precincts of Westfield, High Street and Centro would return to their 2009 retail sales trading levels.

The assessment concluded that Scenario 3 (No Parkview, 12,000m2 general retail on Panthers and a 25,000m2 brand outlet centre) is the preferred scenario for the following reasons:

a.     “The type of retail (in particular the brand outlet centre) is different for Penrith and is a new type of retail offer [and therefore offers a point of difference to the existing retail offering].

b.     The immediate impacts on the CBD components averaging 12.4% are considered to be moderate (moderate to high) but not high (being below 15%).

c.     The loss in turnover from 2009 to 2014 on the CBD components (resulting from Scenario 3) will be less than 5% which is considered minor.

d.     High Street, Westfield and Centro would take 5,7 and 6 years respectively to absorb the impacts from their 2014 turnover levels – which is considered to be moderate, but not significant level of time.

e.     The most significant impacts are on apparel stores, which on average would take around 11 years to recover – however it’s likely that some apparel stores will be relet to other store types.

f.      The impacts on the majors (department stores and supermarkets) is less sever – these store types taking around 4 to 5 years to absorb the impacts which are not considered threatening.

g.     The type of retail on Panthers has the potential to enlarge the Penrith trade area and arrest some escape expenditure.

h.     If a brand outlet centre did not proceed in Penrith there is the possible scenario that it could locate outside Penrith [LGA] still with some impacts on the CBD.”

(Hill PDA, February 2010)

 

The most retail impact will be on Centro, however this centre is currently overtrading at around 29% above the median and can theoretically sustain an immediate loss in retail sales of up to 25%. Westfield is also overtrading at 9% above the median, however it can continue to trade above a sustainable level even under the worst case scenario. High Street traders will be more sensitive to the shifts in turnover due to higher vacancy rates and lower performance in relation to turnover per square metre. Any of the scenarios that result in an average loss in trade greater than 5% in High Street needs to be given careful consideration. It is important to note that High Street performs no worse than many other strip retail centres in the western suburbs such as Fairfield, Liverpool and Campbelltown.

As a result of discussions, Panthers Partnership has now proposed to develop its site with 12,500m2 (Riverlink economic study recommends a range of 12,000m2 – 13,000 m2) general retail and a 25,000m2 brand outlet centre. This level of retail together with the other employment opportunities will likely generate 2,100 full time equivalent jobs on the site which equates to 76% of the estimated workers expected within the Riverlink Precinct.

The planning proposal for Panthers will propose a general retail floorspace cap on the site at 12,500 m2 through a specific LEP clause to cater for the local convenience retail. This rate of retail provision for local convenience is consistent with other proposed local centres in new urban areas in the City. This quantum of retail is also comparable in size to St Clair Shopping Centre which is approximately 13,000m2. The local convenience retail proposed by Panthers Partnership is of a form that will be distributed across the site to activate street frontages.

The retail assessment identifies that the most desirable location for a brand outlet centre is the City Centre, however a brand outlet centre requires a site area of a size that is not currently available in the City Centre. An examination of land use patterns in the City Centre has not revealed any immediate opportunities to accommodate a brand outlet centre and associated parking to the extent being proposed on the Panthers site. In the absence of any other proposal for a brand outlet centre in the City Centre there is an opportunity to develop this retail form on the Panthers site drawing on the synergies with the Panthers Club facilities to create a regional entertainment destination. A brand outlet centre in Penrith will potentially strengthen Penrith as a regional trade area and arrest escape expenditure. A brand outlet centre is considered to have a different retail offer to that of the retail in the City Centre, so is considered to be a complementary form of retail offering. The net community benefit test further assesses the merits of a brand outlet centre on the Panthers site.

Due to the specialised nature of this form of retailing Council staff have requested that the DoP consider a specific definition for a brand outlet centre in the future LEP for this site and for all LEPs. Currently, the template definition does not distinguish between types of retail, so a brand outlet centre and general retail are both interpreted as “retail”. To include retail as a permissible land use on the site without a specific definition could open the site up to unspecified retail activity, if a brand outlet centre is not successful. A specific brand outlet centre definition is therefore critical to ensure economic impacts are managed and if the DoP does not allow a brand outlet centre land use to be separately defined in the LEP, then the Panthers Penrith planning proposal will be amended to only include the 12,500m2 (local convenience) maximum retail on the site.

Similarly, campus style office development (which single purpose commercial development on large floor plates, as found at North Ryde and Norwest) would be difficult to locate in the City Centre due to the lack of suitable large sites and the difficulty in consolidating small sites for such purposes. Council will be also requesting the DoP to consider this specific type of commercial land use and for this to be scheduled in the future LEP.

A recent announcement by the Minister has indicated that in the future, LEPs will be limited in their ability to control the number, type and location of retail proposals. This arose from the State Government’s recent discussion paper “Promoting Economic Growth through the Planning System”. A “Competition SEPP” is currently being drafted for comments, which is a key recommendation from the discussion paper review.

We have discussed the implications of the draft SEPP with the DoP which has indicated that given our investigations into the retail impacts, consideration will be given to the planning proposal’s specific limits for the retail elements on the site during the gateway process.

 

2. Net Community Benefit Test    

Council engaged a consultant to conduct an independent NCBT to assist in its assessment of the merits of the Panthers Partnership Planning Proposal. The NCBT was carried out in accordance with the Department of Planning’s “Guide to Preparing Planning Proposals” and “Draft Centres Policy (April 2009)”

 

The test is used to assess the merits of a rezoning of a proposal to develop outside an existing centre where the current zoning does not permit the use. For the Panthers site the proposed land uses are currently permissible on the site with the exception of some forms of residential development, commercial floor space and retail.

 

The NCBT concluded that the site has qualities that make it suitable for the development contemplated in the Planning Proposal for the following reasons:

 

·   “Good road access via the existing arterial road network and relatively good access to public transport. Importantly, the proximity of the site to the city centre and its location within the regional city will mean that improvements to public transport accessibility can be provided efficiently and effectively. The proximity to the arterial road network and the freeway system will facilitate freight access and road access from a wider trade area. Improvements will be required to the road network consistent with its arterial road function including improvements to intersections and potential lane widening as envisaged in the investigations undertaken as part of the Riverlink Precinct Plan.

·   The site has potential for improvements to pedestrian access linking eventually with the river and the city centre.

·   The site has characteristics of an urban infill site and is readily accessible to a wide labour market.

·   The site is large and capable of accommodating development that achieves high quality urban and architectural design and that integrates with the surrounding built form.

·   There is the capacity to improve the amenity of the area by making more effective use of an underutilised site.

·   Environmental constraints such as flooding can be managed.

·   There will be some impact on supply of residential zoned land although this impact is not considered significant in view of the residential elements of the Planning Proposal.

·   The proposal will provide additional employment opportunities and broaden the economic base of the region by providing uses that currently are not present in the area”

(BBC Planners, April 2010)

 

It also concluded that it is important to protect the public interest by developing planning policies, controls and funding mechanisms that:

 

1. “Facilitates the implementation of an integrated project – The successful implementation of the project requires the delivery of a range of synergistic uses and relies on the interaction between land uses, creating a diverse, attractive, day and night activity hub and a regional destination. Consequently each component would not function as effectively as when considered as a whole. Further the proponent submits that the retail offer is required to underpin the entertainment uses in order to help support the commercial viability of the development and deliver a successful precinct. Elements of the development are complementary to each other and to the existing club and its functions. Thus in its entirety, the development would complement the activities in the city centre. It is important to ensure that there is a balance in the provision of the retail uses that are said to underpin the proposal and the elements that are so supported.

2. Funds the necessary infrastructure – The successful implementation of the proposal requires infrastructure investment in public domain works to provide the pedestrian and cycleway connections with the surrounding areas and to provide public open spaces. It also requires investment in road and public transport infrastructure to provide adequate access, to integrate with the city centre and the railway station and reduce car travel.

3. Includes specific development controls and guidelines – the proposal seeks a change to planning controls to achieve a specific vision which includes developments of a particular kind. It seeks a specific type of retailing in the form of a brand outlet centre and other retailing complementary to the entertainment and recreational visions. General retailing is limited. Bulky goods retailing, if it is to form part of the proposal, is of a restricted kind complementary to the entertainment leisure uses. Council does not support bulky goods retailing on the Panthers Penrith site with the Precinct Plan identifying other areas for such uses.

4. The vision includes a particular urban design and building design with high quality, varied and attractive building facades consistent with the entertainment and leisure theme. Consideration should also be given to the amount, location and design of car parking.”

(BBC Planners, April 2010)

 

The overall net community benefit derives from the development of all the entertainment, leisure and lifestyle land uses on this site.

 

3. Flooding

Flooding is the primary environmental risk confronting the Riverlink Precinct. Specifically, flooding has proved to be the primary constraint to more intense/urban development of the precinct.

 

The extent of flooding likely to occur on the site was indentified through the 2008 Nepean River Presentation RMA Model. The primary implication of this flood affectation is that land below the 1:100 year flood extent presents significant constraints for residential purposes and that the affected land if developed could potentially increase the velocity of flood flow.

 

Evacuation implications arising from the flood modelling findings will also limit the scale and nature of development. State Emergency Services (SES) directions confirm that future residential development is limited to a narrow range of flood compatible “itinerant” land uses (such as recreation and entertainment) where structures do not affect the extent or velocity of flood events. This limitation applies mainly to the western side of Peachtree Creek which is not part of this planning proposal. Those lands will be further considered in Council’s LEP Stage 2 process.

 

There is sufficient flood free land on the Panthers east site to allow residential development, providing that evacuation requirements can be met. Panthers Partnership is proposing a mix of seniors living (250-350 independent living units plus 80 bed aged care facility) and medium and high residential density developments (approximately 650 units). Location and design detail will be included in a future development control plan for the site.

 

4. LEP zones and provisions

a.   Zones

The following zones are considered appropriate for the site and will be recommended in the planning proposal:

 

1.   SP3 (Tourism): applies to the majority of the site in recognition of its function within the Regional City as an entertainment, leisure, lifestyle (tourism) precinct.

 

Residential development, local retail with a12,500m2 floor space cap and a brand outlet centre with a 25,000m2 floor space cap will be scheduled as additional permitted uses.

 

2.   RE1 (Public Recreation) along the Peachtree Creek Corridor: supports the function of the riparian corridor. This zone will continue to allow the golf course to operate.

 

3.   B7 (Business Park) along Mulgoa Road: permits commercial floorspace in a “campus style” arrangement (large floor plates) that is unavailable in the Penrith City Centre. This will ensure that this type of commercial use complements rather than competes with the City Centre. 

 

These zones will ultimately facilitate Council’s critical assessment of the development detail for the specific key land uses such as the brand outlet centre, campus style office development and seniors living. Such assessment will also include the access and car parking requirements for those land uses.

 

The above zones and provisions will only be recommended to the DoP Gateway, who will determine the final content of the future LEP.

 

b.   Heights

The Urban Design Study for the Riverlink precinct identified appropriate heights and Floor Space Ratios (FSRs) for buildings in this locality, given the sense of openness and panoramic view corridors to the Blue Mountains and the river, as well as providing height transition from the Penrith City Centre to the river frontage and protecting the amenity of adjoining residential, including heritage items.

 

The relevant outcomes of this study for the LEP are the urban design framework and height and floor space ratio controls.

 

Council has been working collaboratively with the Panthers Partnership to refine the built form proposals resulting in a more specific and detailed analysis masterplan. Recommended heights on the Panthers site now range from 16m to 24m with a landmark building site of 32m behind the existing Club building.

 

The resultant height controls are aimed to achieve:

·    reinforcement of important corners

·    framing and emphasis of significant view corridors

·    visual emphasis and landmark status without undue overshadowing, especially of open space and residential development

·    high level of activity and density required to activate and enliven streets and the public domain, and

·    be iconic in form.

 

Council is seeking the inclusion of a design excellence clause (as used in the Penrith City Centre Plan) in the future LEP, which will invite community involvement in the design process.

Next Steps

The following steps are in accordance with the Environmental Planning and Assessment Act 1979:

1.      Council will forward the Planning Proposal to the Minister for Planning seeking a ‘Gateway determination’ and authorisation that the LEP plan making process may begin. The gateway determination will advise what State Agency consultation is required and the exhibition time for community consultation.

2.      State Agency consultation will be undertaken and may be completed prior to community consultation, as agency feedback may result in changes to the Planning Proposal. The Gateway Determination will confirm this.

3.      Council will seek the approval of the Director-General of the Department of Planning for the Planning Proposal to be publicly exhibited in accordance with any specifications set down for community consultation. The Planning Proposal will be publicly exhibited for a period nominated by the Director- General of the DoP. Proposals of this scale are normally exhibited for 28 days.

4.      Submissions to the Planning Proposal will be reviewed and recommendations developed.  A Briefing Session will be held to discuss outcomes of the exhibition.  The Planning Proposal may be varied or amended to address issues raised in submissions where it is consistent with the agreed planning policy direction of Council.

5.      The Final Planning Proposal will be presented to Council for endorsement and then forwarded to the Minister of Planning for making of the LEP.

6.      Parliamentary Counsel will write the LEP under instruction from the DoP.

7.      Once endorsed by the Minister, the LEP will be gazetted.

 

Conclusion

It is proposed to advance a Planning Proposal specifically for the Panthers Penrith site and separate to the Stage 2 LEP process. This recognises the status of the site as an asset to the Regional City and ensures transparency and independence in the planning process.

Council staff and Panthers Partnership have been working collaboratively to prepare the Planning Proposal for Council sponsorship and have resolved the key issues. Consideration has been given to the role the Panthers site plays in the City and ensuring that future land uses on the site are complementary to the City centre.

With Council’s endorsement, the Planning Proposal will be forwarded to the DoP seeking a gateway determination which will identify the consultation and LEP making program.

It is intended that upon gazettal of the Panthers specific LEP it will be inserted into Council’s Stage 2 LEP.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal - Panthers Penrith Site be received.

2.     In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council sponsor the enclosed Planning Proposal and submit it to the Department of Planning seeking the issue of a Gateway Determination to begin the exhibition and LEP making process.

3.     In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council commence the consultation program with State Agencies and the community in accordance with the gateway determination.

4.     A further report be presented to Council following the public exhibition of the Planning Proposal advising of the outcomes of the community and State Agency consultation and make further recommendations relating to the adoption of the final Planning Proposal to make the LEP.

5.     Should a specific brand outlet centre definition not be permitted by the Department of Planning at any stage during the gateway process the planning proposal is to be amended to include only the 12,500m2 maximum retail permissibility on the site.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

3

Metropolitan Strategy Review: Sydney Towards 2036   

 

Compiled by:                Paul Battersby, Senior Environmental Planner

Mahbub Alam, Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We work together to grow Penrith as a Regional City

       

 

Executive Summary

The NSW State Government has announced a review of the 2005 Metropolitan Strategy – City of Cities: A Plan for Sydney’s Future and released a discussion paper - Sydney Towards 2036 for public comment.  The Review is supported by the recently released Metropolitan Transport Plan – ‘Connecting the City of Cities’ (MTP).  The Government intends to integrate both documents to provide a single Metropolitan Plan for Sydney.  It is essential that stakeholders be given the opportunity to review and comment on the resulting draft Metropolitan Plan.

 

The review indicates that Sydney and particularly Western Sydney has not significantly progressed in terms of access to human services, our environmental footprint and the provision of transport and infrastructure.  The Council of Australian Government’s national criteria for capital city planning systems requires the review of the Metropolitan Strategy and the resulting Metropolitan Plan to address these issues.

 

Sydney’s growth poses many challenges, however infrastructure delivery is the principal challenge for Western Sydney and Penrith in accommodating the housing, employment and sustainability outcomes of the Metropolitan Strategy.  Council’s submission will indicate this challenge requires coordination, funding and state government commitment to ensure the timely delivery of the infrastructure required to address past growth and support sustainable planned growth in the region.

 

Penrith has been correctly identified as the Regional City servicing the North West Subregion. Considerable State and Federal Government support is required if Penrith is to fulfil its function in the delivery of expected regional services and facilities. The role of the private sector must also be acknowledged in delivering the outcomes of the Metropolitan Strategy, particularly in the delivery of housing and jobs.

 

Sydney’s expansion is creating urban, agricultural and conservation conflict on the city fringe and Council’s submission will argue that there is an urgent need to establish and maintain a clear footprint for Sydney.  That footprint needs to be cognisant of preserving viable agricultural land, conserving our significant natural resources and providing sufficient ‘green space’ to create sustainable urban context and desirable living environments.  Allowing urban development to expand beyond the identified urban footprint undermines long term plans for rural resource lands, creates uncertainty in and outside the defined urban areas and makes the task of delivering infrastructure more difficult.

Our submission will focus on our long term experience of the issues associated with being a growth area Council and, more recently, a Regional City.  There is a specific need for:

·      improved access to employment opportunities

·      better mobility for people and freight

·      more local community services, and

·      increased housing diversity.

 

The lessons learnt from the past five years should be the catalyst for change if the outcomes of the Metropolitan Strategy are to be realised.  Our submission will argue that the Metropolitan Plan must be supported by a detailed delivery plan, a long term financial model and political commitment.

 

The report recommends that the information be received and the Sustainability and Planning Manager be authorised to prepare and forward a submission raising the issues identified in this report.

Background

The NSW Government has established a tiered planning framework to set the direction and guide development of the State.  That framework comprises the State Plan: A New Direction for NSW, which defines the overarching goals and outcomes that shape public policy; the Metropolitan Strategy which outlines the development of Sydney as a City of Cities; and draft Strategies for each of the identified Subregions of Metropolitan Sydney to provide detailed guidance in linking local and state planning issues to deliver the outcomes sought by the State Plan.

 

Council is a member of the National Growth Areas Alliance (NGAA), a national organisation representing and advocating the interests and needs of growth area councils at the Federal and State Government levels.  The NGAA has been lobbying for the Federal Government to play an active role in city planning, especially in growth areas.  In December 2009 the Prime Minister and Premiers signed a Council of Australian Governments (COAG) agreement that established national criteria for capital city strategic planning systems.  The Metropolitan Plan for Sydney must respond to and deliver on the agreed criteria.  Capital city strategic planning systems should:

·      be integrated

·      provide for a consistent hierarchy  of future orientated and publicly available plans

·      provide for nationally-significant economic infrastructure

·      address nationally-significant policy issues

·      consider and strengthen the networks between capital cities and major regional centres and other important domestic and international connections

·      provide for planned, sequenced and evidence-based land release and an appropriate balance of infill and greenfield development

·      clearly identify priorities for investment and policy effort by governments, and provide an effective framework for private sector investment and innovation

·      encourage world-class urban design and architecture, and

·      provide effective implementation arrangements and supporting mechanisms.

 

A copy of the Federal Government’s ‘National Objective and Criteria for Future Strategic Planning of capital Cities’ is appended to the report.

 

At the end of March 2010, the Department of Planning (DoP) released a Discussion Paper – Metropolitan Strategy Review: Sydney Towards 2036 for public comment. The Discussion Paper reinforces the State Government’s commitment to Sydney as a City of Cities based on the 5 Regional Cities of Sydney, North Sydney, Parramatta, Liverpool and Penrith.

 

The State Government has indicated the review of the Metropolitan Strategy is part of an ongoing process to manage growth in the Sydney Metropolitan area and aims to provide certainty for the community, local government, industry and business by identifying areas for future growth, items of infrastructure and key places for state and local government action.  The Premier’s vision statement for the Metropolitan Strategy review has been prepared on the basis that well-managed growth will strengthen and enhance the Sydney Metropolitan area as an attractive place to live, work and visit and highlights the need for development to be managed sustainably.

 

The Review of the Metropolitan Strategy is also supported by the recently released Metropolitan Transport Plan – ‘Connecting the City of Cities’ (MTP).

 

The MTP is a 25-year transport plan supported by a 10-year funded package of transport infrastructure for the Sydney metropolitan area.  It is the State Government’s intention to integrate the MTP with the review of the Metropolitan Strategy and, following consultation, the two plans will be consolidated to create a fully integrated Metropolitan Plan with a planning horizon to 2036.  The Metropolitan Plan will be the State Government’s response to the COAG requirement to prepare strategic planning documents for the Nation’s capital cities.  Future funding from the Federal to State Governments will be tied to effective implementation of these plans by the State.

 

The MTP was reported to the Ordinary Council Meeting of 19 April 2010.  The report provided comments on the issues that were considered necessary to support the development of Penrith in its role as a regional city.  The comments in the report formed the basis of Council’s submission on the MTP.

 

A copy of the Metropolitan Strategy Review: Sydney Towards 2036 was forwarded to Councillors under separate memo on 18 March 2010.

Metropolitan Strategy 2005

In 2005 the State Government released the Metropolitan Strategy – City of Cities, a strategy to guide the development of Sydney to 2031.  The aim of the Metropolitan Strategy is to achieve a more sustainable city through:

·      enhanced liveability

·      strengthened economic competitiveness

·      ensuring fairness

·      protecting the environment, and

·      improved governance.

 

A key driver of the Metropolitan Strategy was the need to accommodate an anticipated growth in population of 1.1 million people by 2031, lifting the total population from 4.2 million to 5.3 million. In order to achieve this target the Government predicted that Metropolitan Sydney would require an additional:

·      640,000 new homes

·      500,000 more jobs

·      7,500 ha of extra industrial land

·      6.8 million m2 of commercial floor space, and

·      3.7 million m2 of retail floor space.

 

The Department of Planning has provided the following update on the implementation of the Metropolitan Strategy:

 

2005 Aim

Measure

Benchmark

2010 Metropolitan

Strategy Review

Enhance Liveability

Quality of Living

Maintain or improve Sydney’s index and ranking of quality of living, according to Mercer Human Resource Consulting global quality of living survey.

In 2005 Sydney ranked 8 out of 260 cities in the Quality of Living Survey with an index of 105.

In 2009 Sydney ranked 10 out 215 cities in the Quality of Living Survey, with an index of 106.3.

Strengthen

Economic

Competitiveness

Contribution to National Economy

Maintain or increase the proportion and value of Sydney’s contribution to Gross Domestic Product (GDP).

In 1998–99, Sydney produced 23% of Australia’s value added wealth, totalling $130 billion.

In 2009 Sydney's contribution to GDP had increased to 24.9%.

Ensure Fairness

Access to Services

Increase the percentage of the population living within 30 minutes by public transport of a city or major centre.

In 2005, 80% of Sydney residents can access a major centre, regional city or global Sydney within 30 minutes by public transport.

This measure remains comparable but is set to improve with implementation of the Metropolitan Transport Plan

Protect the

Environment

Environmental Footprint

No increase in Sydney’s environmental footprint per capita.

In 1999, the environmental footprint of Sydney’s residents was 6.67 hectares per person (adjusted).

In 2004 Sydney's Environmental footprint had increased to 7.21 hectares per person.

Improve

Governance

Metropolitan Strategy and Infrastructure

Metropolitan Strategy directions and identified transport and infrastructure needs inform the annual State Infrastructure Strategy.

Budget Paper 4 responds to transport and infrastructure priorities as identified in the State Infrastructure Strategy.

Improved integration of strategic land use planning and infrastructure is the focus of this review.

Extract from Metropolitan Strategy Review – Sydney Towards 2036 (Fig 2 Metropolitan Strategy Performance - Measures of Success)

 

The 2010 review indicates Sydney is holding its own in terms of the global quality of life index and seemingly indicates improvement in GDP. However, the review indicates that in terms of ensuring fairness through access to services, our environmental footprint and improved governance through providing transport and infrastructure, Sydney has not progressed and in some ways, has regressed.

Council’s Strategic Policy Response

Penrith has a vital role to play as the Regional City for the North West Subregion of Sydney, and as such is gaining importance as the principal centre servicing this Subregion.  The Metropolitan Strategy and the draft North West Subregional Strategy target growth of 25,000 new dwellings and 28,000 additional jobs for Penrith by 2031.

 

Council has welcomed the opportunity and responsibility and has adopted the Penrith Regional City Strategic Plan 2031 based on the 5 key themes of: a leading city, a city of opportunities, a green city, a liveable city and a vibrant city. The Strategic Plan is founded upon Penrith's Principles for a Sustainable City adopted in 2003 and is supported by a 4 Year Delivery Program and 1 Year Operational Plan.  Together these plans provide a focussed direction for the City in pursuing a sustainable future consistent with the aims and objectives of the Metropolitan Strategy.

 

A new draft Community Strategic Plan is currently being exhibited. Some relevant ‘community outcomes’ include:

·      a Regional City that provides our jobs, education, services and entertainment

·      a Regional City that is resilient to climate change

·      a City with equitable access to services and facilities

·      a City with a smaller ecological footprint

·      a City with viable agriculture and rural activities that provides fresh local food

·      a City that promotes health and well being, and

·      a City with infrastructure that responds to community needs.

 

Council’s current planning strategies for the City seek to deliver the quantum of housing (25,000) targeted in the Metro Strategy by 2031.  The Dwelling Opportunities Study undertaken by the i.d group identified opportunities for approximately 13,500 new homes in urban release areas, 3,500 in established residential areas and 8,000 in strategic and local centres.

 

Council‘s Employment Planning Strategy for the City has identified approximately 40,000 new jobs need to be created across the City by 2031.  That would be made up of around 18,000 jobs in new release areas, 11,150 in St Marys Town Centre and Penrith City Centre, 8,600 in the Western Sydney Employment Hub, and 2,250 in other locations including existing industrial precincts.

 

In 2009 Council reviewed the structure of the Penrith Valley Economic Development Corporation and established the Penrith Business Alliance Limited “To promote sustainable economic growth for Penrith as a Regional City through innovation, strategic alliances, enterprise development and investment attraction.”  A particular focus of the PBA is the creation of 40,000 jobs by 2031. 

 

Council is currently preparing a single land use planning instrument for the City to replace the many statutory documents guiding and controlling development. This plan supports the implementation of Council’s Strategic Plan and delivery of the aims and objectives of the Metropolitan Strategy.

Metropolitan Strategy Review - Sydney Towards 2036

The Discussion Paper indicates that Sydney’s population will increase by 1.7 million to 6 million in 2036 and highlights the key challenges that have emerged in guiding Sydney’s growth over that period.  Those challenges include jobs growth in Western Sydney, making Sydney climate change-ready, providing diverse and affordable housing, placing new homes close to services and infrastructure and revitalising our centres.

The purpose of the Discussion Paper is to:

·      set out the key directions of the Metropolitan Strategy

·      look at what has changed over the last five years and what challenges we face in the future planning for Sydney

·      consider which elements of the Metropolitan Strategy have proved themselves over the last five years and will continue to set the direction for long– term planning

·      set out the areas which require greater focus to improve the way we plan for Sydney to 2036, and

·      set key directions to stimulate discussion and debate within the community.

Key Directions

The Discussion Paper has identified the following 10 key directions:

1.   planning for a growing population

2.   making Sydney climate change ready

3.   integrating land use with transport

4.   more jobs in the Sydney Region

5.   growing Sydney's value

6.   strengthening a City of Cities

7.   meeting changing housing needs

8.   balancing land uses on the city fringe

9.   achieving renewal, and

10. implementation.

 

1.   Planning for a growing population:

Implement sustainable planning for a growing and aging population

 

Latest population projections indicate:

·      Sydney will need to accommodate 6 million people by 2036

·      nearly 70% of Sydney's population growth will be driven by natural increase

·      migration will account for just over 30% of the population increase

·      1 in 6 people will be aged 65+ compared to 1 in 8 now, and

·      the population of NSW will increase from 6.9 million in 2006 to 9.1 million people.

 

The discussion paper enquires whether Sydney should continue to accommodate the majority of population growth in NSW.

 

Comment:

It is inevitable that Sydney will accommodate the majority of population growth in NSW. It is the principal employment, economic and housing centre in the State and it is reasonable to expect population growth will reflect this prominent and attractive position. 

 

However, it is also clear that Sydney has both natural and economic limits to continued growth if we are to establish and retain Sydney as a sustainable, attractive and accessible global City.  It will therefore be important for both State and Federal Governments to plan for robust and sustainable growth of key regional centres outside the Sydney basin to absorb future growth beyond current targets given the extensive lead time needed for planning and implementation of this nature.

 

The review indicates that the environmental footprint of Sydney’s residents has increased from 6.67 to 7.21 hectares per person in the last 5 years.  This trend will need to be arrested if Sydney is expected to accommodate the expected increase of 1.8 million people by 2036.  The State Government needs to implement mechanisms to investigate and arrest our environmental footprint. 

 

Recommendation:

1.1     The Metropolitan Plan and the population forecasts it relies upon be reviewed every five years.

1.2     The State Government commence dialogue with the Federal Government regarding future strategies for settlement patterns and growth outside the Sydney basin for the long term.

1.3     The State Government convene an expert panel to investigate, develop strategies and recommend a program for arresting the environmental footprint of Sydney’s existing and planned population.

 

 

2.   Making Sydney climate change ready

Address the vulnerability of Sydney to a changing climate and a carbon constrained future

 

Scientific research indicates by 2050:

·      winter and spring in Sydney are projected to be two to three degrees warmer

·      sea levels are projected to rise up to 40 cm higher than in 1990

·      storms will be more frequent and intense, and

·      air pollution is likely to increase.

 

The discussion paper seeks comments as to:

·      what land use responses will help Sydney mitigate and adapt to climate change

·      how can the planning system help Sydney adapt to the impacts of climate change

·      how can planning in Sydney be improved to boost water, fuel, energy and waste efficiency, and

·      how can we bring more green and open spaces into our communities?

 

Comment:

The impacts of climate change present a significant challenge for Council in ensuring the sustainability of our communities arising from past growth of the City. Adding to this challenge is the growth that is forecast for our region over the coming years.  Increases in local population, housing and property stocks, service needs and energy usage will all intensify the consequence of these impacts.  There is a need for a whole of government approach in responding to climate change, with effective communication and coordination between the three tiers of government, the development industry and the broader community.

 

Conserving areas of environmental significance, protecting viable agricultural lands and ensuring urban development responds to and minimises environmental impact and is adequately serviced by the timely delivery of necessary infrastructure are land use responses that assist mitigation and adaption to climate change.

 

The planning system provides Government with the mechanism to mitigate and adapt to the impacts of climate change through the commitment, coordination, funding and delivery of land use responses, such as those mentioned above, that protect biodiversity and minimise our environmental footprint.

 

As a responsible organisation Council has undertaken much work to address the issue of climate change. Council has adopted the Sustainable Penrith Action Plan and is a leading participant in programs such as the ICLEI Cities for Climate Protection (CCP) and CCP Plus programs.  Council has worked to develop and implement emission reduction and abatement activities under our current greenhouse emission reduction strategy, the Carbon Neutral Plan, which was adopted in 2005.  Looking forward, Council has commenced work to extend on existing efforts regarding emission reduction and move towards planning for unavoidable climate change impacts.  To this effect, Council undertook a climate change risk assessment and adaptation planning research project with consultants Parsons Brinckerhoff (PB) in 2009.  The outcomes of this project are currently feeding into the development of a Climate Change Strategy.

 

Recommendation

2.1     The Metropolitan Strategy and resulting Plan provide and facilitate a whole of government approach in responding to climate change, with effective communication and coordination of land use responses between the three tiers of government, the development industry and the broader community.

 

2.2     The Metropolitan Strategy and resulting Plan conserve areas of environmental significance, protect viable agricultural lands, facilitate sustainable urban development and the timely delivery of infrastructure.

 

2.3     The NSW Government support Local Government in its organisational endeavours to adapt to climate change.

 

 

3.   Integrating land use with transport

Get best value from investment in transport infrastructure with integrated land use planning.

 

Congestion cost Sydney $4.58 billion in 2009, a figure that is forecast to rise to $7.76 billion by 2020.  These costs include time spent travelling, unreliability, higher vehicle and fuel costs and more air pollution.

 

On 21 February, 2010 the State Government released the Metropolitan Transport Plan –Connecting the City of Cities’ (MTP).  The MTP is a 25-year transport plan supported by a 10-year, $50.2 billion funded package of transport infrastructure for the Sydney metropolitan area.

 

It is the Government’s intention to integrate the MTP with the review of the Metropolitan Strategy and, following consultation, consolidate the two plans into one Metropolitan Plan which is intended to be released in the second half of 2010.

 

The discussion paper seeks comments as to:

·      what is the best use of land within walking distance of stations and bus stops

·      how can we make our city better for pedestrians, cyclists and public transport users, and

·      how can we reduce the need for people to travel as far or as often?

 

Comment:

The Penrith Urban Study and draft Urban Strategy recommends that strategic centres across the Penrith LGA provide the focus of activity in terms of community services, retail, employment, and housing, in concentration with key transport nodes.  Such an approach enhances the community's accessibility to a range of services and facilities, reducing the need for people to travel as far or as frequently while also providing a vibrant focus for community activity.

 

The Penrith Urban Study and Strategy supports the Government’s Metropolitan Strategy model of centre based planning which focuses increased densities and development around local centres, key activity nodes and transport facilities.

 

The Penrith Urban Study and Strategy seeks to:

·      Ensure higher density development in existing urban areas will be centre based development and located within 800 metres of a centre.

·      Create a strong mix of housing types and densities that meets future community needs.

·      Create strong communities with a high level provision of transport; access to retail, commercial, community and recreation services.

·      Facilitate community development by providing opportunities for neighbourhood interaction and high amenity in the public domain.

·      Guide future development with a Key Sustainability Elements Checklist (a best practice guide to future service provision, housing mix and densities and staging of future development).

 

These initiatives need to be supported by the timely delivery of essential infrastructure if we are to create the sustainable urban environments desired by the community and promoted by the Metropolitan Strategy.

 

In this regard, the NSW Government has announced in the MTP and its response to the Western Sydney Jobs Summit that it will be:

·      Undertaking Regional City Transport Strategies for Parramatta, Liverpool and Penrith.  Representatives from the Department of Transport have held preliminary discussions with Council staff to progress preparation of the strategy.

·      Appointing a Western Sydney Transport Coordinator to liaise with Local Government in securing viable and coordinated public transport links to existing and emerging employment centres, business parks and industrial hubs.

·      Allocating $158 million for the construction of missing links in Sydney’s strategic cycle network, with priority works being fast tracked in 2010 for subregional bike networks in Parramatta, Liverpool and Penrith.

 

These announcements are welcome and will assist identification, planning and delivery of the identified transport infrastructure.  However, the City’s access needs are not limited to these announcements.

 

Council considered a report on the MTP at the Policy Review Committee Meeting of 19 April 2010.  That report formed the basis of Council’s submission on the MTP to the NSW Government.  Council’s submission seeks:

·      Duplication of the rail line between St Marys and Penrith in the Government’s 10-year funding guaranteed transport infrastructure program to provide more meaningful time savings for Penrith commuters.

·      Construction of the Werrington Arterial.

·      Construction of the North West Rail Link as soon as possible to service the considerable existing and planned growth in the area.

·      Reservation of strategic transport corridors to connect regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

·      Reservation of a strategic transport corridor connecting the North West and South West Rail Links through the Western Sydney Employment Area (WSEA) and the Western Sydney Employment Lands Investigation Area (WSELIA).  Planning of the rail system should also include the provision of an Intermodal Freight Terminal to shift freight movements from road to rail.

·      Construction of a Rapid Bus Only Transit way (T-Way) between Penrith and St Marys, through the St Marys release area to provide public transport services to the St Marys, Waterside and Penrith Lakes release areas.

·      Immediate provision of an express bus service to connect the Western Sydney Employment Area with the Main Western Rail line.

·      Inclusion of the infrastructure identified in the Penrith Regional City Infrastructure Strategy and the Penrith Integrated Transport and Land Use Study in the Government’s 10-year infrastructure funding program.

 

Infrastructure should be considered not just as a cost, but as a long term investment.  It is recognised that Government finances are finite and spending needs to be effectively directed.  Cost Benefit analysis undertaken by the National Growth Area Alliance has substantiated that the value of investment in growth area infrastructure outweighs the costs by a factor of 1.56:1.  It is considered that infrastructure spending should be more affirmatively directed toward growth areas because of the economic benefits which result for National GDP from unlocked productivity.

 

Council has and should continue to advocate the inclusion of the abovementioned infrastructure in the MTP, the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

Recommendation:

3.1     Council support the integration of the Metropolitan Transport Plan and the Metropolitan Strategy to form the Metropolitan Plan.

 

3.2     The Metropolitan Plan incorporate a long term financial model and delivery strategy to ensure the availability of funds and the timely delivery of  infrastructure necessary to deliver the outcomes of the Plan.

 

3.3     The Metropolitan Plan incorporate the infrastructure identified in Council’s submission on the Metropolitan Transport Plan –Connecting the City of Cities’.

 

3.4     The Government more affirmatively direct infrastructure spending toward growth areas to obtain the economic benefits to national GDP resulting from unlocked productivity.

 

 

4.   More jobs in the Sydney Region

Boost job growth by providing a good supply of land for employment

 

The review of the Metropolitan Strategy reveals that:

·      The total number of jobs in Sydney needs to grow from 2.09 million in 2006 to 2.85 million jobs in 2036—an increase of 760,000 jobs.

·      Between 2001 and 2006 an additional 135,000 new jobs were created across the Sydney Region.

·      Outer parts of Sydney had the highest rate of jobs growth – North West and South West 12% and Central Coast 15%.

·      Employment Lands continued to attract new jobs (26,500 additional jobs), especially in Western Sydney.

 

The discussion paper seeks comments as to:

·      where should we reserve future employment land

·      how can we maintain and revitalise older industrial sites in established areas

·      what initiatives can boost the success of future employment lands

·      how can we ensure sufficient retail and commercial space to support economic growth, and

·      what economic development incentives might attract businesses and increase jobs?

 

Comment:

The diagram below indicates that unemployment in NSW fell from almost 8% to 5.6%, while unemployment in Western Sydney rose from just under 5% to just under 7% between 2001 and 2009. This increase in unemployment has occurred even though the outer parts of Sydney had the highest rate of jobs growth in NSW between 2001 and 2006.

 

factsheet_wsjobsummit_fig3

Unemployment rise in Western Sydney

 

The draft North West Subregional Strategy has slated an additional 28,000 jobs for delivery in the Penrith LGA by 2031. Council’s Employment Planning Strategy for the City has identified opportunities to provide 40,000 jobs in this timeframe, focusing on the health and well being; logistics; environmental management; arts, culture and communication and manufacturing sectors. The North West Subregional Strategy should be amended to reflect this target through jobs growth in the nominated industry sectors.

 

Council is aware that the Penrith Valley Economic Development Corporation was reviewed in 2009 to form the Penrith Business Alliance (PBA).  The principal objective of the organisation is to “To promote sustainable economic growth for Penrith as a Regional City through innovation, strategic alliances, enterprise development and investment attraction.”  A particular focus of the PBA is to create 40,000 jobs by 2031.

 

In January 2010, Council in association with the PBA made a submission to the Western Sydney Jobs Summit.  The submission sought State Government support in the four strategic areas of achieving Penrith’s Regional City function, delivering jobs across Western Sydney, supporting Penrith’s Economic Corridors, Clusters and Small to Medium Enterprise Sector and improving Living and Community Wellbeing in Penrith:

The submission sought the following initiatives to boost supply of employment lands:

·      Reactivation of the Western Sydney Employment Lands Investigation Area (WSELIA) task force in order to bring forward the orderly planning and release of WSELIA to market.

·      Delivery of the Penrith Lakes Scheme as an integral contributor to jobs growth within the region.

·      Preparation of an Infrastructure Delivery and Funding Strategy for the Western Sydney Employment Area to ensure the timely and co-ordinated delivery of development within the estate and maintain the efficient and effective operation of both the internal and surrounding external road networks.

·      Reactivation by the NSW Department of Planning of the Employment Lands Development Program (ELDP) to monitor the supply and delivery of employment lands in Western Sydney.

 

In May 2010 the NSW Government responded to submissions to the Western Sydney Jobs Summit, announcing a range of initiatives to grow business and jobs in Western Sydney, improve transport and logistics connections, support education, skills and training, and engage young people in learning and supporting them transition into employment.  The Government’s response did not include any initiatives to boost employment land supply.

 

Council has and should continue to advocate the inclusion of the abovementioned initiatives in the review of the Metropolitan Strategy and the resulting Metropolitan Plan to support the delivery of 40,000 jobs target.

 

Recommendation:

4.1     The Draft North West Subregional Strategy be amended to make provision for an additional 40,000 jobs in the Penrith LGA by 2031 focusing on the health and well being; logistics; environmental management; arts, culture and communication and manufacturing sectors.

4.2     The NSW Government reactivate the Western Sydney Employment Lands Investigation Area (WSELIA) task force in order to bring forward the orderly planning and release of WSELIA to market.

4.2     The NSW Government drive the planning and delivery of the Penrith Lakes Scheme to underpin Penrith’s transformation to a Regional City and create Sydney’s new “international address” for employment, housing and recreation.

4.3     The NSW Government prepare an Infrastructure Delivery and Funding Strategy for the Western Sydney Employment Area to ensure the timely and co-ordinated delivery of development within the estate and maintain the efficient and effective operation of both the internal and surrounding external road networks.

4.4     The Department of Planning reactivate the Employment Lands Development Program (ELDP) to monitor the supply and delivery of employment lands in Western Sydney.

4.5     The Metropolitan Strategy review, reflect and respond to the significant employment opportunities provided by agricultural pursuits in the Sydney basin.

 

 

5.   Growing Sydney's value

Increase diversity of employment to strengthen local economies and provide a wider range of jobs closer to home.

 

The Government recognises the need to build Sydney’s economic resilience and adaptability through the development of a diverse economic base. The Discussion paper states that “locating jobs in centres and outer parts of Sydney will increase public transport use and reduce the amount of time people need to travel in their cars to work”.

 

The discussion paper seeks comments as to:

·      what are the ways of facilitating diverse employment and supporting jobs in new and existing centres

·      how can we attract diverse employment and new jobs in Western Sydney

·      how do we encourage affordable places for small and creative businesses, and

·      how do we enhance Sydney's role as a Global City?

 

Comment:

Council/PBA’s submission to the Western Sydney Jobs Summit sought a number of initiatives to strengthen the local economy and broaden employment opportunities in Penrith through:

 

·      Achieving Penrith’s Regional City function by:

Locating NSW Government Department offices in the Penrith CBD with a focus on the Health and Wellbeing sector.

Funding to establish and operate a free shuttle bus service around the Penrith CBD to improve accessibility to and within the CBD.

Development of civic space and amenities vital to attracting further retail, commercial and residential investment in Penrith CBD and St Marys Town Centre.

 

·      Supporting Penrith’s Economic Corridors, Clusters and Small to Medium Enterprise Sector by:

Development of an industry investment program for the Health & Wellbeing industry in Penrith.

NSW Department of Industry & Investment support and collaboration to identify and develop investment prospects in the Health and Wellbeing sector.

Financial assistance of $500,000 to establish a Business Improvement District (BID) program for the Dunheved Business Park as a pilot for the rejuvenation of older industrial estates in the region.

Financial assistance of $200,000 to produce a “Family Food Feud” show – a Penrith reality TV show in partnership with TAFE, UWS and TVS community TV.

Financial assistance of $100,000 to explore the feasibility of a Sydney Institute for Information Technology & Health Solutions in partnership with Sydney University & Nepean Hospital.

 

·      Living and Community Wellbeing in Penrith by:

Nomination of a senior facilitator, with the appropriate authority, to drive the planning and delivery of the Penrith Lakes Scheme to underpin Penrith’s transformation to a Regional City and create Sydney’s new “international address” for employment, housing and recreation.

 

Active support through the NSW Major Events Board and Tourism NSW to identify and attract 2 new major sporting & cultural events to Penrith over the next 2-3 years, including financial assistance of $250,000 to attract new events.

 

Funding of a feasibility study into the development of a new conference & events facility in Penrith in order to attract new events and exhibitions to Western Sydney ($150,000).

 

Support through Industry and Investment NSW to develop and promote a Transport and Logistics Services Centre in Penrith CBD to service the fast growing transport and logistics industry in the region (Erskine Business Park and along the M7).

 

The Government’s response to the Western Sydney Jobs Summit included the following initiatives to increase diversity of employment and strengthen the Penrith local economy:

·      Development and implementation of an industry attraction strategy for Life Science companies including skill supplies, infrastructure, research and regulatory requirements.  This will include the development of the Penrith Health and Education Precinct around Nepean Hospital to attract health professionals, health businesses and research facilities.

·      Establish a Penrith Health and Well Being Innovation Network of local firms and entrepreneurs to collaborate on growing opportunities in Health and Wellness.

 

These initiatives are welcomed and are to be actioned by the Penrith Business Alliance in partnership with Council over the next 12 months, elements of which will be progressed through Stage 2 of the Local Plan process.

 

Council should continue to advocate the inclusion of those initiatives in Council/PBA’s submission to the Western Sydney Jobs Summit in the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

Recommendation:

5.1     Council support the employment initiatives announced in the Government’s response to the Western Sydney Jobs Summit.

 

5.2     The Government continue the dialogue with Council and the Penrith Business Alliance to advance the initiatives identified in the submission to the Western Sydney Jobs Summit.

 

 

6.   Strengthening a City of Cities

 

The Discussion Paper highlights the need to create more jobs and provide better amenity and design in regional cities and centres. It notes that:

·      between 2001 and 2006 an additional 68,000 jobs were created across all of the Sydney Region’s 27 Strategic Centres (from 757,000 to 825,000)

·      global Sydney grew by a total of 25,000 jobs (+10%) reinforcing its role as the NSW's economic driver

·      specialised Centres had the highest rate of job growth

·      centres promote easy access to services and support social participation, and

·      Parramatta has clearly emerged as Sydney's second CBD with a target of 27,500 extra jobs by 2031.

 

The Discussion Paper seeks comments as to:

 

·      what is the best way to unlock the potential for growth in centres and areas within walking distance to stations and bus stops

·      how can the planning system support investment and jobs in new and existing centres

·      what features are essential to a vibrant centre, and

·      how do we ensure these features are incorporated into our planning?

 

Comment:

Penrith is identified in the Metropolitan Strategy as the Regional City serving North Western Sydney, with jobs growth and new investment expected in retail, business, cultural, educational and health industries.  The State Government and Council have jointly developed new plans to encourage more employment, housing and lifestyle opportunities in the City Centre.  Those plans build on the City’s existing strengths and rely on active participation by the State Government to:

·      Promote Government office accommodation options together with additional TAFE and UWS, educational facilities

Additional Government administration buildings in the City Centre, adding to the existing State and Federal presence, will reinforce Penrith’s regional city status.  A stronger ‘education’ presence will also add diversity and capacity to the Centre’s economy, and bring greater life and activity.

·      Develop strategies to improve bus usage, including a shuttle bus in the Centre that links major facilities and adjacent suburbs

Improving bus use will reduce demand for more car parking in the centre and contributes to greater accessibility in the region.  Options for shuttle buses, community transport and ‘last minute’ services need investigation and financial support from Government. 

·      Investigate options to improve access, car parking and traffic management

A well designed Centre has efficient traffic networks, provides adequate car parking and creates an environment to encourage walking.  Council has initiated the Penrith City Centre Transport Management Study to identify existing and future access requirements (road, rail, bus, cycle and pedestrian) of Penrith City Centre to accommodate planned growth of the Centre.  The Government’s recent announcement to undertake Regional City Transport Strategies will assist identification and promotion of this and the previous issue.

 

Currently, funds are needed for the Jane Street by-pass, Parker Street intersection improvements and construction of consolidated decked parking stations in the centre.

·      Develop the North Penrith Urban Area

The Commonwealth Government currently owns the North Penrith Urban Area, which presents a significant opportunity to develop transit-oriented education, research and technology activities, complementing, rather than competing with, development in the City Centre commercial core.  Residential development should also be part of the mix.

·      Fund infrastructure and urban domain improvements

The Penrith City Centre Civic Improvement Plan identifies and seeks contributions for key infrastructure and public domain improvements.  Additional funds are required from State and Federal Governments to ensure these civic improvements occur.

·      Prepare a ‘Knowledge Corridor’ Strategy

Penrith has a unique collection of assets in and around the Regional City.  A ‘knowledge corridor’ strategy should be prepared by Council and the State Government, to build on the City’s unique assets, which include the Nepean River, North Penrith, the City Centre, Penrith Lakes, Nepean Hospital and WSI-TAFE / UWS.

 

These actions have not been significantly progressed, and require Government commitment and support to unlock the potential for growth in Penrith City Centre. Council should continue to advocate the inclusion of these initiatives in the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

Recommendation:

6.1     The NSW Government support the role of Penrith as the regional city for the north-west subregion of Sydney, through:

6.1.1  Promotion of further Government office accommodation, together with additional TAFE and UWS, educational facilities in the City.

6.12   Development of strategies to improve bus usage, including a shuttle bus in the Penrith City Centre that links major facilities and adjacent suburbs.

6.13   Investigation of options to improve access, car parking and traffic management facilities in Penrith City Centre.

6.14   Facilitating the development of the North Penrith Urban Area with mixed use, transit-oriented education, research and technology activities, complementing, rather than competing with, development in the Penrith City Centre commercial core.

6.15   Funding support for the infrastructure and urban domain improvements nominated in the Penrith City Centre Civic Improvement Plan prepared by the NSW Government’s City Centres’ Taskforce in partnership with Council.

6.16   Partnering with Council in the preparation of  a ‘Knowledge Corridor’ Strategy for Penrith City to build on the City’s unique assets, which include the Nepean River, North Penrith, the City Centre, Penrith Lakes, Nepean Hospital and WSI-TAFE / UWS.

 

 

7.   Meeting changing housing needs

Ensure a wider mix of housing types and costs across Sydney in response to an ageing population and changing preferences.

 

Analysis undertaken by the Department of Planning indicates that:

·      Sydney will need 770,000 additional homes by 2036, and

·      Western Sydney will accommodate 60% of new homes needed for Sydney.

 

The discussion paper seeks comments as to:

·      what housing types will we need in our local areas in the future? e.g. stand-alone or terraced houses, townhouses, tall apartment buildings, small blocks of apartments with shared gardens or big houses divided into two homes, and

·      which areas are appropriate for higher density housing–such as apartments?

 

Comment:

Housing Targets:

The Metropolitan Strategy and draft North West Subregional Strategy has slated an additional 25,000 dwellings for delivery in the Penrith LGA by 2031.  Council’s current planning strategies for the City can generally satisfy this target.  The Dwelling Opportunities Study undertaken by the i.d group identified opportunities for approximately 13,500 new homes in urban release areas, 3,500 in established residential areas and 8,000 in strategic and local centres.

 

In 2005 the Metropolitan Strategy anticipated average household size would fall to 2.36 people per household by 2031.  The projected average household size for 2031 is now 2.51. Consequently, the additional number of dwellings targeted for the Penrith LGA is not likely to increase. 

 

It should be noted that the 25,000 additional dwellings identified in the i.d Study included 5260 dwellings at Penrith Lakes and 8,000 in strategic and local centres.  Penrith Lakes Development Corporation is currently reviewing the financial implications of their concept plan for the site and the current housing market is not conducive to higher rise residential development in our centres.  These circumstances are testing the short term delivery of housing in the City.

 

Housing diversity and affordability:

Council’s draft Urban Strategy’s proposal to support population growth through provision of a mix of housing types, improving the affordability of housing, redeveloping and regenerating Department of Housing stock and improved urban design outcomes are supported.  However, housing affordability would also be assisted through new and innovative mechanisms that provide a better balance of infrastructure costs across the three tiers of government, the private sector and the community.

 

It is noted that the Metropolitan Strategy 2005 objective to prepare an initial NSW Affordable Housing Strategy by mid 2006 has not been delivered.  It is important that the State Government provide leadership on the delivery of affordable housing and provide a framework for consistent application across the region.  This framework, model or guideline could be provided in a State Environmental Planning Policy or through the Local Plan Template.  We understand the Centre for Affordable Housing has provided the Government with a model for consideration.

 

The short term difficulties in delivering higher density residential development in outer Western Sydney centres and the need to provide leadership on the delivery of affordable housing must be acknowledged and measures to respond to these issues included in the review of the Metropolitan Strategy. 

 

Recommendation:

7.1     The Department of Planning consult Local Government in any proposal to change the dwelling targets in the Metropolitan Plan or the draft North West Subregional Strategy.

7.2     The Metropolitan Plan acknowledge and include measures to respond to the short term difficulties in delivering higher density residential development in outer Western Sydney centres and the need to provide leadership on the delivery of affordable housing.

7.3     The State Government investigate new and innovative mechanisms to fund essential infrastructure and provide a better balance of infrastructure costs across the three tiers of government, the private sector and the community.

7.4     The Department of Planning deliver an Affordable Housing Strategy for Sydney as a matter of priority.

 

 

8.   Balancing land uses on the city fringe

Plan for new housing in greenfield areas, while protecting land for primary production, open space and conservation.

 

The Discussion Paper indicates that:

·      The Sydney Basin’s agriculture includes market gardens, poultry, orchards, cut flowers, mushrooms, turf and nurseries worth around $1 billion, representing up to 12% of the NSW total agricultural production.

·      The Sydney Basin is anticipated to be less affected by increased temperatures and reduced rainfall than areas west of the Dividing Range.

·      This makes the Sydney Basin an important location for food production for the agricultural industry.

 

The discussion paper seeks comments as to:

·      should we continue to concentrate Greenfields development in the Growth Centres

·      should more be done to encourage food production in the Sydney Basin

·      to what extent should land on the city fringe be identified and protected for open space and conservation, and

·      how can the process of Greenfield land release be improved?

 

Comment:

The Discussion Paper proposes a new direction which focuses on the need to protect land for primary production, open space and conservation when planning for new development in greenfield areas.  This direction continues the conflict between competing land uses and creates tension with the ideas in the Discussion Paper about making Sydney climate change ready and integrating land use with transport to promote sustainable travel.  This approach has applied in the Sydney Basin for many years resulting in the loss of viable agricultural land and land with significant biodiversity value.  In particular it fails to recognise the significant contribution these lands, particularly agricultural lands, make to Sydney’s food supply, employment, the economy and the general well being of our environment.

 

Extract: Sun Herald 16 May 2010

 

The focus should not be on balancing land uses on the city fringe, but on establishing and maintaining a clear urban footprint for the City, cognisant of preserving viable agricultural land, mapping and conserving our significant natural resources and providing sufficient ‘green space’ to create sustainable urban context and desirable living environments.  It is crucial that the Department finalise the Metropolitan Rural Resources Land Policy to identify viable rural lands and inform the establishment of a clear urban footprint for Sydney.

 

Allowing urban development to occur outside the identified urban footprint undermines long term plans for rural resource lands, creates uncertainty in and outside the defined urban areas and makes the task of delivering infrastructure more difficult.

 

There is clearly value in retaining land on the City’s fringe for reasons ranging from food security to its important contribution to the health of the community and environment.  The importance of this land, its values and the need for funding to manage/acquire these assets should be more assertively promoted in the review of the Metropolitan Strategy.

 

 

Recommendation:

8.1     The Department of Planning finalise the Metropolitan Rural Resources Land Policy to identify viable rural lands and inform the establishment of a clear urban footprint for Sydney.

 

8.2     The Metropolitan Plan establish  a clear ‘non-negotiable’ urban footprint for Sydney, cognisant of preserving viable agricultural land, mapping and conserving our significant natural resources and providing sufficient ‘green space’ to create a sustainable urban context and desirable living environments.

 

 

9.   Achieving Renewal

Build communities through redevelopment

 

The current Metropolitan Strategy plans for approximately 70% of housing to be in existing areas and 30% in new release areas.  The Discussion Paper proposes to locate 80% of new housing within walking distance of a centre (existing and proposed).

 

Analysis by the Department of Planning indicates:

·      Between 2004 and 2008, 56% of housing built in Sydney’s existing areas was located within walking distance of a local or Strategic Centre. Subregional Strategies set a target of 80% of new housing to be within the walking catchment of centres.

·      Locating 80% of new housing within walking catchments of centres will enable people to access local services and amenities more easily, creating more interesting places to live, with stronger local economies and a healthier environment.

·      From 2008 – 2016 more than 90,000 dwellings need to be built within walking distance of transit nodes.

 

The Discussion Paper seeks comments as to:

·      which parts of Sydney would benefit from a new centre with shops, small businesses and public transport services

·      how can we improve the design of public spaces and new buildings in existing areas

·      what are the barriers to accessing key services in your local area, and

·      what future uses, activities and services should be grouped in and around centres?

 

Comment:

The current Metropolitan Strategy (2005) is focusing on higher density housing development around existing centres.  To date, there has been a lack of recognition of the social issues facing these areas or how the physical renewal will address the concentration of social disadvantage that has happened at some of these established suburbs.

 

Limiting the renewal program to housing within walking distance of centres is inequitable.  Our experience in Penrith would indicate that there is a high correlation between communities located away from centres and levels of social disadvantage.

 

Given the Discussion Paper proposes to locate 80% of new housing within walking distance of a centre, it is vital that an effective new urban renewal program needs to be developed for both ‘in and out of centre’ areas.

 

That Program should be:

·      Prepared in consultation with Local Government, identify urban renewal opportunities and incorporate a Local Renewal Strategy to integrate land use and social planning in urban renewal proposals.

·      Be accompanied by an Affordable Housing Investment Strategy to be implemented through an invigorated community housing sector.

 

These initiatives should be included in the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

Recommendation:

9.1     The review of the Metropolitan Strategy recognise the concentration of social issues facing urban renewal areas and that some areas needing renewal are located in established suburbs some distance from centres and transport nodes.

9.2     The Metropolitan Plan and/or the Subregional Strategies be supported by Local Renewal Strategies and Affordable Housing Investment Strategies prepared in consultation with Local Government to identify urban renewal opportunities and  integrate land use and social planning in such proposals.

 

 

10. Implementation

Implement a new Metropolitan Strategy

 

The Discussion Paper acknowledges and promotes strategic partnerships between all levels of Government, stakeholder groups and the community in successfully delivering the outcomes of the Metropolitan Strategy.  In this regard it is noted that the NSW Government has entered into a partnership with the City of Sydney to deliver integrated land use planning, infrastructure and funding in Central Sydney and that it intends to enter similar partnerships with the other Regional Cities.

 

The Government intends to establish a Sydney Metropolitan Development Authority to manage significant urban renewal.  The Authority will have responsibility for achieving urban renewal outcomes for areas identified as part of this review in conjunction with the MTP. It may be necessary for the Authority to use new targeted planning approaches to:

·      promote mixed use and appropriate higher intensity uses within walking distances of public transport, and

·      achieve sustainable centre structure and built form through an adopted precinct plan.

 

The discussion paper seeks comments as to what:

·      should be the key characteristics of an urban renewal authority (e.g. Sydney Metropolitan Development Authority)

·      legislative and planning tools should be available to such an authority, and

·      indicators should we use to measure the success of our Metropolitan Plan?

 

Comment:

A significant challenge to achieving the objectives of the Metropolitan Strategy has been government organisational impediments to the planning, coordination and implementation of urban development.  This is evidenced by limited government/departmental/ agency budgets to fund important urban development initiatives and the necessary physical and social infrastructure and the inconsistency between departmental organisational structure and the boundaries of the subregions. Achieving the outcomes of the Metropolitan Strategy would be assisted by establishing a single Department of Planning, Infrastructure and Transport with the authority to direct the planning, coordination and implementation of urban development.

 

The advice that the Government intends to seek partnerships with the Regional Cities to deliver integrated land use planning, infrastructure and funding is welcomed and will facilitate the implementation process and improve certainty in the delivery of necessary infrastructure.  Council has had positive experience in partnering with Government in the delivery of strategies and facilities in the City.  The opportunity to partner Government in land use planning and to secure funding and delivery of the Metropolitan Strategy is welcome.  However, that partnership should be supported by the following measures:

·      Finalisation and adoption of the North West Subregional Strategy to detail the direction and urban growth footprint of the subregion.

·      Preparation of a Structure Plan for Western Sydney to detail the land use structure and physical and social infrastructure required to meet the urban growth commitments of the Metropolitan and Subregional Strategies.  It would also confirm and define the connections between the subregions.

·      Preparation of an Infrastructure Delivery and Funding Strategy to prioritise and coordinate the timely delivery of development and benchmark delivery of the Metropolitan Strategy outcomes.

 

The establishment of the proposed Sydney Metropolitan Development Authority can focus government, the service authorities and the community on the efficient delivery of urban renewal outcomes.  Its efficiency, the inclusiveness or otherwise of its operations and response to local community issues will depend upon its charter, need for legislation and any proposed planning powers.  The idea is not new, similar organisations have existed in the past, such as the City West Development Corporation, Darling Harbour Authority and Sydney Cove Authority.  These organisations have been consolidated to form the Sydney Harbour Foreshore Authority. Queensland has more recently established the Urban Land Development Authority.  These organisations had/have significant autonomy in terms of land acquisition and planning powers.  If the community is to support the establishment of such an organisation it will be necessary to ensure its charter and operations are guided by the necessary probity and governance measures.  Of particular concern is the need to engage Local Government in the decision making regime and to observe the provisions of the EP&A Act, especially those relating to assessment and community participation.

 

The Government has recently acknowledged, in its response to the Western Sydney Jobs Summit, the case for a Penrith Health and Education Precinct around Nepean Hospital to attract health professionals, health businesses and research facilities to the locality.  This concept is to be developed by the Penrith Business Alliance. Future delivery of the spatial aspects could provide an opportunity for a ‘pilot project’ developed in partnership with the proposed MDA.  Perhaps the UWS university precinct might also be a candidate for such a project partnership.

 

These initiatives should be included in the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

Recommendation:

10.1   The NSW Government establish a single Department of Planning, Infrastructure and Transport with the authority to:

10.1.1         Direct the planning, coordination and implementation of urban development.

10.1.2         Align the Department organisational structure with the Subregions.

10.2   Council support the announcement that the Government intends to enter partnerships with the Regional Cities to deliver integrated land use planning, infrastructure and funding.

10.3   Regional City Partnerships be supported by:

10.3.1         Finalisation and adoption of the draft North West Subregional Strategy to detail the direction and urban growth footprint of the subregion.

10.3.2         Preparation of a Structure Plan for Western Sydney to detail the land use structure and physical and social infrastructure required to meet the urban growth commitments of the Metropolitan and Subregional Strategies.

10.3.3         Preparation of an Infrastructure Delivery and Funding Strategy to prioritise and coordinate the timely delivery of development and benchmark delivery of the Metropolitan Strategy outcomes.

10.4   The NSW Government ensure that the charter, enabling legislation and the operations of the proposed Metropolitan Development Authority are guided by the necessary probity and governance measures. Of particular concern is the need to engage Local Government in the decision making process and to observe the provisions of the EP&A Act, especially those relating to assessment and community participation.

10.5   Council propose a Penrith Health and Education Precinct around Nepean Hospital and the UWS University Precinct as pilot projects to be developed in partnership with the proposed MDA.

10.5   The Department of Planning provide all stakeholders with the opportunity to make comments on the draft Metropolitan Plan prior to its finalisation.

 

 

11. What else?

 

The discussion paper seeks comments as to:

·      what top three issues or geographical areas should the next Metropolitan Plan particularly focus on, and

·      what do you think the ten proposed directions above are the right way for Sydney to head towards 2036?

 

Comment:

The majority of dwellings and jobs required by the Metropolitan Strategy are to be delivered in Western Sydney.  In particular, the 6 growth area LGAs (Campbelltown, Liverpool, Penrith, Blacktown & Baulkham Hills) in Western Sydney are slated to accommodate most of that growth.  As such the review should place particular focus on the needs of growth area Councils in Western Sydney to accommodate and deliver these outcomes.  Those needs are magnified due to the lack of infrastructure and services provided for past growth in the region.

 

The principal challenges for Western Sydney and Penrith in accommodating the outcomes of the Metropolitan Strategy are:

·      coordination, funding and timely delivery of  the infrastructure necessary to address past growth and support sustainable planned growth in the region

·      delivery of the quantum and diversity of employment opportunities necessary to service population growth, minimise travel times and reduce the carbon footprint in Western Sydney

·      improving housing diversity and affordability to encourage diverse and equitable communities, and

·      the need for Government support in developing Penrith as the Regional City for the North West Subregion. 

 

The issues/matters nominated as the 10 key directions to guide the review of the Metropolitan Strategy are comprehensive.  However, there has been little discussion of the social issues resulting from urban growth.  The provision of human services in some parts of Western Sydney is still lagging behind the development of residential areas and the provision of physical infrastructure.  Human services have not been given the same priority as other essential services in the planning of new release areas.  There is a lack of focus in the current review on identifying and delivering necessary human services.

 

The review of the Metropolitan Strategy should include a comprehensive assessment of the social implications of planned urban growth and the establishment of a Human Services Coordination Group to coordinate the planning, funding and provision of human services.  That Group should be charged with the responsibility to:

·      develop detailed regional profiles

·      develop a set of benchmarks and minimum standards for service provision

·      identify the types of human services will be required in new release areas, and

·      incorporate recreation, cultural and multi-purpose facilities and services in the planning, funding and provision of human services.

 

The EP&A Act is the principal legislation guiding the orderly and sustainable development of land and the proper management and conservation of our resources.  The Act is now 30 years old and has been amended on numerous occasions in an effort to contemporise its provisions.  Unfortunately those amendments, particularly the insertion of Part 3A have complicated and introduced inequities (public participation, environmental assessment and ministerial discretionary powers) in the planning system.  It is time for a complete overhaul of planning legislation and the preparation of a new Act that promotes and facilitates ecologically sustainable development, acknowledges the significance and priority of strategic plan making and reinstates genuine public participation in the planning process. 

 

These initiatives should be included in the review of the Metropolitan Strategy and the resulting Metropolitan Plan.

 

 

 

 

Recommendation:

11.1   That the review of the Metropolitan Strategy focus on the needs of growth area Councils in Western Sydney to accommodate and deliver the outcomes of the Strategy, in particular:

11.1.1 Coordination, funding and timely delivery of the infrastructure necessary to address past growth and support sustainable planned growth in the region.

11.1.2  Delivery of the quantum and diversity of employment opportunities necessary to service population growth, minimise travel times and reduce the carbon footprint in Western Sydney.

11.1.3  Improving housing diversity and affordability to encourage diverse and equitable communities.

11.1.4  The need for Government support in developing Penrith as the Regional City for the North West Subregion. 

11.2   The review of the Metropolitan Strategy includes a comprehensive assessment of the social implications of planned urban growth.

11.3   The NSW Government establish a Human Services Coordination Group to coordinate the planning, funding and provision of human services. That Group should be charged with the responsibility to:

11.3.1  Develop detailed regional profiles.

11.3.2  Develop a set of benchmarks and minimum standards for service provision.

11.3.3  Identify the types of human services will be required in new release areas.

11.3.4  Incorporate recreation, cultural and multi-purpose facilities and services in the planning, funding and provision of human services.

11.4   The NSW Government prepare new planning legislation to replace the Environmental planning and Assessment Act, 1979, based on principles that promote and facilitate ecologically sustainable development, acknowledges the significance and priority of strategic plan making and reinstates genuine public participation in the planning process .

 

Conclusion

A review of the Metropolitan Strategy is warranted and recognition of the need to integrate transport and land use planning is welcomed.  The review indicates that Sydney and particularly Western Sydney has not significantly progressed in terms of access to human services, our environmental footprint and the provision of transport and infrastructure.  The Metropolitan Plan must focus on addressing these issues if it is to successfully address the Council of Australian Government’s national criteria for capital city planning systems.

 

Infrastructure delivery is the principal challenge for Western Sydney and Penrith in accommodating the housing, employment and sustainability outcomes of the Metropolitan Strategy.  This challenge requires coordination and funding to ensure the timely delivery of the infrastructure necessary to address past growth and support sustainable planned growth in the region.

 

Penrith has been correctly identified as the Regional City servicing the North West Subregion.  Considerable State and Federal Government support is required if Penrith is to fulfil its function in the delivery of expected regional services and facilities.

 

Sydney’s expansion is creating urban, agricultural and conservation conflict on the city fringe and there is an urgent need to establish and maintain a clear footprint for Sydney.  That footprint needs to be cognisant of preserving viable agricultural land, conserving our significant natural resources and providing sufficient ‘green space’ to create sustainable urban context and desirable living environments.  Allowing urban development to occur outside the identified urban footprint undermines long term plans for rural resource lands, creates uncertainty in and outside the defined urban areas and makes the task of delivering infrastructure more difficult.

 

The lessons learnt from the past 5 years should be the catalyst for change if the outcomes of the Metropolitan Strategy are to be realised.  The Metropolitan Plan must be supported by a detailed delivery plan, a long term financial model and commitment at all levels of government.

 

The Government intends to integrate the Metropolitan Transport Plan and the Metropolitan Strategy to create the Metropolitan Plan.  All stakeholders should be provided with the opportunity to review and comment on the draft Metropolitan Plan prior to its finalisation and adoption by Government.

 

The report outlines the key elements of the Discussion Paper and provides comments on the issues that are considered necessary to be resolved in reviewing the Metropolitan Strategy and developing an integrated Metropolitan Plan for Sydney.  The comments in the report will form the basis of Council’s submission to the government.

 

The report recommends that the information be received and the Sustainability and Planning Manager be authorised to prepare and forward a submission raising the issues identified in this report.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Metropolitan Strategy Review: Sydney Towards 2036 be received

2.     Council’s Sustainability and Planning Manager be given the delegated authority to finalise and forward Council’s submission on the Metropolitan Strategy Review: Sydney Towards 2036 in terms of the comments outlined in the report

3.     A copy of Council’s submission be provided to Councillors upon its completion under separate cover.

 

ATTACHMENTS/APPENDICES

1. View

Federal Criteria for Strategic City Planning

2 Pages

Appendix

  


Ordinary Meeting

24 May 2010

Appendix 1 - Federal Criteria for Strategic City Planning

 

 

 



Ordinary Meeting

24 May 2010

A Leading City

 

 

 

4

Revised Code of Meeting Practice   

 

Compiled by:                Stuart Benzie, Administration Officer - Policy & Communication

Authorised by:             Stephen Pearson, Acting Executive Officer   

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: As a City, we expect responsible and ethical behaviour

       

 

Executive Summary

Council’s Code of Meeting Practice (the Meeting Code) sets out the manner in which Council and Committee meetings are to be conducted. A recent review of Council’s Meeting Code identified a small number of proposed amendments and practical changes aimed at improving Council’s meeting procedures.

 

At Council’s Policy Review Committee meeting on 29 March 2010, the Committee resolved that the Draft Code of Meeting Practice be placed on Public Exhibition for a period of 28 days. The public exhibition period has now concluded and one submission was received. A review of the submission has been undertaken and no amendments to the draft Code are proposed following receipt of this submission.

 

The report recommends that the draft revised Code of Meeting Practice be adopted.

Background

The Local Government Act 1993 (the Act) provides that Council may adopt a Meeting Code to set out the manner in which meetings of the Council and Committees of the Council are to be conducted. Council’s current Meeting Code was adopted on 5 August 2002.

 

In August 2009, the Division of Local Government, Department of Premier and Cabinet released a revised Meetings Practice Note as a guide to help Councils run their meetings. In response to the Division’s publication, a review of Council’s Meeting Code was undertaken compared to the Practice Note. A small number of proposed amendments and practical changes aimed at improving Council’s meeting procedures were identified at that time.

 

The most significant proposed amendment is the result of a Circular issued by the Department of Local Government advising that Councils must not transact business at a meeting unless a Councillor has first given notice of the business in writing, within the period fixed by the Council’s Meeting Code or by Council’s resolution. This provision may only be relaxed for urgent business and Mayoral Minutes.

 

A report on the proposed changes to Council’s Meeting Code was provided to Councillors at a workshop on 1 March 2010. Following that workshop, a report on the “Revised Code of Meeting Practice” was provided to Council’s Policy Review Committee on 29 March 2010 (copy attached). The Committee resolved to place the Draft Code of Meeting Practice on public exhibition for a period of 28 days.

 

 

Public Exhibition

The draft Code of Meeting Practice was placed on public exhibition from Tuesday 13 April 2010 to Tuesday 11 May 2010. The exhibition material was placed on the Council’s website and a newspaper advertisement was included on the Council’s information page.

 

In response to the public exhibition process, one submission was received. A copy of the submission has been circulated to Councillors by separate memo.

 

Assessment of Submission

The submission addressed a number of items. However, the majority of issues raised in the submission related to procedures that are beyond the control of Council and would require amendments to a range of legislation, including the Defamation Act 2005.

 

Primarily, the submission asserted that Local Government should be afforded parliamentary privilege and free speech. However, the laws of the State apply and parliamentary privilege does not extend to Local Government. There is no capacity under the current legislation for the Council to incorporate parliamentary privilege into its Meeting Code. Should the Council require additional information regarding this matter a further report could be provided.

 

In regard to the clauses within the Code that are Council Policy, the submission suggested amendments to a small number of items relating to Committees of Council, questions raised at Council meetings, permission to address meetings, and Councillor briefings. These suggestions have been reviewed but are considered impractical to implement and are not supported. Councillors can be provided with a copy of the submission should it be required.

 

Adoption of the Draft Code of Meeting Practice

Section 362 of the Act provides that Council may adopt the draft Meeting Code as its Code of Meeting Practice, after considering all submissions received by it concerning the draft code. The report recommends the adoption of the draft Code of Meeting Practice.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Revised Code of Meeting Practice be received.

2.     The draft revised Code of Meeting Practice be adopted.

 

ATTACHMENTS/APPENDICES

1.  

Revised Code of Meeting Practice Policy Review Committee Report dated 29 March 2010

3 Pages

Attachment

2.  

Draft Code of Meeting Practice

56 Pages

Attachment

  


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

5

2010 Local Government Remuneration Tribunal Determination   

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Stephen Britten, Group Manager - Legal & Governance   

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: As a City, we expect responsible and ethical behaviour

       

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of minimum and maximum fees payable to Mayors and Councillors in NSW and for reviewing categories of councils every three years.

 

The last review of categories took place in 2009 and the next review of categories will take place in 2012. Penrith City Council is currently categorised as a ‘Metropolitan Major’ Council, together with Blacktown City Council.

 

The 2010 review of fees has been completed and has been confined to undertaking a review of the minimum and maximum fee levels for each category. The Tribunal received 22 submissions from individual councils (Penrith City Council did not make a submission for this review) and a submission from the Local Government and Shires Associations of NSW (the Associations).

 

The majority of submissions supported an increase in fees payable to Mayors and Councillors for 2010/2011. The submissions addressed integrated planning and reporting reform; planning reforms, including Joint Regional Planning Panels; interstate comparisons; categorisation; workload; and attracting high quality candidates to nominate for election to local government.

 

The Associations asked the Tribunal to substantially increase the fees payable to Mayors and Councillors for 2010/2011, and it once again asked the Tribunal to consider linking the fees to a percentage of a State Member of Parliament’s salary. The Associations further addressed the following matters in its submission: the nature of Councillor roles and responsibilities; the impact of planning reforms on Councillor roles and responsibilities; the impact of water reform on local government; and the financial sustainability of local government.

 

The Tribunal determined an increase of 3.0 per cent as appropriate for the fees to be paid to Mayors and Councillors for the 2010/2011 year. In reaching this decision, the Tribunal had regard to the improving economic conditions and key economic indicators. In its decision, the Tribunal has commented on the following matters put forward in submissions: Integrated Planning and Reporting reform; planning reforms; interstate comparisons; categorisation; workload; and the ability to attract candidates to stand for election.

 

It has been Council’s practice to remunerate its Councillors at the maximum fee level. If the maximum fee levels are adopted for 2010/2011, the annual payments will be: Mayor $79,774 (includes Councillor fee); Deputy Mayor $37,906 (includes Councillor fee); and Councillor $23,950.

Background

The 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 remained the only other Council in Category 1A.

 

In 2009, the Tribunal undertook a further review of categories and found that there was no strong case to significantly alter the current categories of Mayoral offices and Councillor. The Tribunal did however decide to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. It also outlined the characteristics of Councils within each of these groupings.

 

The descriptive title given to Penrith City Council (and Blacktown City Council) is ‘Metropolitan Major’ (instead of 1A) being “a Council that has a residential population greater than 250,000 or has another special feature of section 240 which the Tribunal considers distinguishes it from other Metropolitan Councils.”

 

Current 2010 Review

On 26 November 2009, the Tribunal wrote to all Mayors advising of the commencement of the 2010 annual review.

 

The Tribunal indicated that for the 2010 review, it would undertake a review of the minimum and maximum fee levels for each category and that it would consider any submissions councils wished to make in regard to the quantum and/or structure of fees.

 

The Tribunal also indicated that it does not expect to move councils within Categories until the next general review of Categories in 2012, unless there is a significant change in the role and responsibilities of individual councils.

 

The question of making a submission to the Tribunal was considered by Council at its Ordinary meeting held on 1 February 2010. Council resolved to receive the report and it did not make any submission for the 2010 review.

 

The Associations made a submission to the Tribunal asking that the fees payable to Mayors and Councillors be substantially increased in order to adequately remunerate Councillors for their roles and responsibilities.

 

The Associations proposed:

 

·    a Mayoral fee based on a benchmark rate of 80% of a State Member of Parliament’s salary for Mayors of both Metropolitan Major and Major City categories; and

 

·    a Councillor fee of 50% of the Mayoral fee, or 40% of a State Member of Parliament’s salary for Councillors of both Metropolitan Major and Major City categories.

 

The Associations asked the Tribunal to consider:

 

·    its previous 2009 submission which provided detailed evidence of the expanding role and responsibilities of councillors

 

·    the nature of Councillor Roles and Responsibilities:

 

-    Corporate Governance

Councillors are responsible for ensuring that the structure and strategic directions of council meets legislative obligations; for establishing goals and timelines; for carrying out strategic planning and decision-making activities concerning the local government area; for promoting and sustaining good governance; and for exercising due diligence.

 

-    Additional responsibilities as Elected Representatives of the community

Councillors represent the interests of the community, residents and ratepayers; provide leadership and guidance to the community; and facilitate communication between the community and council.

 

-    Workload of Councillors

Councillors often undertake additional duties such as chairperson or member of a standing or special committee; holding ordinary meetings in different regions within the local government area; hosting public forums to seek input from and report back to the community and providing written reports to the community about council decisions; and managing increasingly complex and diverse constituencies and influences.

 

-    Professional Development and Training of Councillors

Councillors attend post-election seminars, professional development workshops, programs and weekends and undertake executive coaching. Councillors are expected to read various publications such as information kits, Councillor Guide and the web-based information directory.

 

·       the impact of planning reforms on Councillor roles and responsibilities:

 

-    Joint Regional Planning Panels (JRPP)

Developments in the domain of planning have brought significant changes to the roles and responsibilities of Councillors. On 1 July 2009, changes to Part Three of the Environmental Planning and Assessment Act and Regulation commenced which involves a new process for plan making including a ‘gateway process’.

 

Joint Regional Planning Panels also commenced operation on 1 July 2009 with most councils having nominated councillors as representatives. Councillors sitting as members of the JRPP need to have a greater understanding of the planning reforms and their responsibilities. They have had to become accustomed and acquainted with an entirely new approach to planning in NSW. 

 

For Councillors that have not been nominated to sit on JRPPs, they are also required to understand the reforms, as they are required to form an opinion on the applications submitted to the JRPP and advise their sitting counterparts on a considered course of actions.

 

-    Integrated Planning and Reporting amendments to the Local Government Act 1993

The training required of Councillors to understand and implement the requirements under the Integrated Planning and Reporting Amendments will be both onerous and laborious. The Local Government Amendment (Planning and Reporting) Act 2009 was assented to on 9 October 2009 and requires councils to implement the new framework over a three year period. This involves councils in endorsing a Community Strategic Plan and adopting their first Delivery Program and Operational Plan.

 

·       the impact of water reform on Local Government

 

Councillors have a pivotal role, as elected officials, in understanding and managing urban water planning and pricing on behalf of their communities and keeping abreast of the changes that are likely to take place as a result of the Local Water Utilities (LWU) Inquiry. 

 

·       the financial sustainability of Local Government

 

The global economic downturn poses significant challenges to local government and the cost of living remains economically cumbersome. With the increasing level of inflation, Councillors’ real fee income has been substantially eroded.

 

The recently opened Local Government Reform Fund promotes that councils implement integrated asset and financial management systems and become involved in collaborative projects involving groups of councils. Proposals may focus on improving the efficiency and effectiveness of service delivery and increasing shared services or capital equipment management. Proposals should also aim to improve the capacity of councils to plan for future challenges and address national policy priorities, such as the impact of climate change, economic development in communities, shared workforce planning and managing demographic and population change.

 

Local Government Remuneration Tribunal Determination for 2010

The Tribunal has now released its 2010 Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors, and Chairpersons and members of County Councils for the ensuing year (1 July 2010 to 30 June 2011).

 

A full copy of the Tribunal’s report and determinations can be found in the attachment. The Tribunal received 22 submissions from individual councils and a submission from the Associations. The majority of submissions supported an increase in the fees payable to Mayors and Councillors. The submissions addressed the following issues:

·    integrated planning and reporting reform

·    planning reforms, including the Joint Regional Planning Panels

·    interstate comparisons

·    categorisation

·    workload

·    attracting high quality candidates to nominate for election to local government.

 

The Tribunal has determined that an increase of 3.0 per cent is appropriate for the fees to be paid to Mayors and Councillors for the 2010/2011 year. In determining this level of increase, the Tribunal has had regard to the improving economic conditions as Australia emerges from the Global Financial Crisis and key economic indicators, including the Consumer Price Index and the Labour Price Index.

 

The Tribunal has commented on the following factors and matters put forward in submissions advocating an appropriate increase in fees.

 

·    Integrated Planning and Reporting Reform

The Tribunal is not convinced that the introduction of the Integrated Planning and Reporting reforms impose any additional workload on Councillors. Rather the reforms represent a shift in the way councils undertake their planning and reporting functions. The reforms aim to streamline and simplify the planning and reporting process, as well as assist Councillors to focus their attention on the issues of strategic importance to their communities. The new planning and reporting framework is a tool to enable Councillors to focus strategically on social, economic, environmental and civic issues.

 

·    Planning reforms

The Tribunal considered the impact of the State Government’s planning reforms on the roles and responsibilities of Councillors, including the introduction of the Planning Assessment Commission, the Joint Regional Planning Panels (JRPP), the NSW Housing Code and other initiatives of the NSW Government. The Tribunal considers that on balance, the new planning reforms should result in Councils having a reduced role in local planning decisions.

 

The Tribunal has advised that the role of a Councillor as a Council-appointed member of a Joint Regional Planning Panel under the Environmental Planning & Assessment Act 1979 is both separate and additional to the role of a Councillor under the Local Government Act 1993. In addition, the Tribunal has advised that Councillors appointed to a JRPP are paid a fee covering increase in responsibility.

 

The Tribunal expects that the NSW Housing Code provisions will significantly reduce the number of development applications requiring Council approval. This is because it is not based on ‘merit assessment’ and development applications for dwellings complying with the Code can by-pass formal development application procedures and receive approval from an accredited certifier.

 

·    Interstate comparisons

The Tribunal responded to a number of submissions which supported a shift to a remuneration model similar to that which applies in Queensland whereby the remuneration for Mayors and Councillors is determined as a percentage of the salary of a Member of Parliament. The Tribunal referred to its 2008 Report and indicated that the submissions do not provide any additional information which would warrant a change in the Tribunal’s view on this matter.

 

·    Categorisation

The Tribunal received a number of submissions from councils seeking categorisation to another category or the creation of a new category. On the basis of the information received, the Tribunal found no compelling reason to further adjust categories at this time and it does not expect to move councils within categories until the next review of categories in 2012.

 

·    Workload

The Tribunal received a number of submissions from councils seeking an upward adjustment of fees to reflect the increasing amount of time Councillors are spending on Council business.

 

The Tribunal has drawn attention to the fact that the Local Government Act 1993 provides for a high level of delegation to council staff and that the amount of time devoted to local government is largely within the discretion of councils themselves. It has indicated that an increase in time does not of itself necessarily indicate any change in the roles and responsibilities of Councillors.

 

·    The ability to attract candidates to stand for election

The Tribunal noted that nearly 50 percent of Councillors elected in the 2008 election listed their occupation as either “Professional” or “Self Employed” and that there were on average 3 candidates for every Councillor position. The Tribunal is yet to see any submission suggesting criteria which might reasonably be used to assess the quality of candidates. On the basis of this information, the Tribunal is not convinced that the fee levels are an impediment either to the quality or number of candidates seeking election to local government in NSW.

 

Mayor and Councillor Fees for 2010/2011

The increase of 3.0 per cent in the fees payable to Mayors and Councillors applies from 1 July 2010.

 

For ‘Metropolitan Major’ Category Councils (Blacktown and Penrith), the Tribunal has fixed the following fee ranges:

 

Councillor Annual Fee              Minimum     $14,500      Maximum    $23,950

Mayor Additional Fee*            Minimum     $30,840      Maximum    $69,780

 * This fee must be paid in addition to the fee paid to the Mayor as a Councillor

 

The Tribunal does not set a fee for Deputy Mayor, however it has been the practice at Penrith City Council to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

 

It has been Council’s practice to remunerate its Councillors at the maximum fee level. Estimates included in the 2010-11 Operational Plan, currently on public exhibition, are based on this practice continuing.

 

The increase of 3.0 per cent granted by the Tribunal is in line with recent Tribunal decisions made at State and Commonwealth levels, namely:

·    The NSW Statutory and Other Offices Remuneration Tribunal determined an increase of 3.0 per cent for all SES officers, effective on and from 1 October 2009; and

·    The Commonwealth Remuneration Tribunal determined an appropriate adjustment of 3.0 per cent to the remuneration of public offices, with effect from 1 October 2009.

 

If the maximum levels of fees are adopted by Council, then the annual payments for 2010-11 will be as follows:

 

·    Mayor - $23,950 + $55,824 (which is 80% of max Mayoral allowance) = $79,774

·    Deputy Mayor - $23,950 + $13,956 (which is 20% of max Mayoral allowance) = $37,906

·    Councillors - $23,950

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2010 Local Government Remuneration Tribunal Determination be received.

2.     The fees payable to the Mayor and Councillors for 2010-2011 be set at the maximum level permitted.

 

ATTACHMENTS/APPENDICES

1.  

Local Government Remuneration Tribunal 2010 Annual Review

12 Pages

Attachment

  


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

6

Expansion of Membership - Westpool and United Independent Pools   

 

Compiled by:                Ken Muir, Risk Management Co-ordinator

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

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

The purpose of this report is to inform Council of the pending inclusion of Wollongong City Council as a new member of United Independent Pools (UIP) and Westpool effective 31 October 2010.

Wollongong City Council approached Westpool and United Independent Pools in January 2009 with a view to becoming a member of the pools.  Wollongong City Council had undertaken an independent review of their insurance portfolio and it recommended that the Pools offered the best solution to meet their needs.  They sought membership in February 2009 and their application was considered by both Boards.  It was agreed a Working Party be established to review their application and consider their risks.  The Working Party met with Wollongong City Council in early March 2009 to consider their application and recommended that Wollongong City Council be offered associate membership from May 2009.  The Working Party also proposed that a series of reviews including a review of Wollongong City Council’s due diligence process be undertaken. This recommendation was adopted by both the Boards of UIP and Westpool.

Positive responses have been received from the independent due diligence review, and Westpool/UIP’s actuary, brokers and claims management team regarding Wollongong City Council’s operations and ongoing commitment to the Pools.

The report details that Wollongong City Council be offered full membership of both Westpool and UIP effective 31 October 2010 once their existing insurance expires.

Background

Following the request by Wollongong City Council to become a member of the Westpool and UIP in February 2009 it was agreed to conduct a number of reviews to determine the merits of accepting Wollongong City Council as a member. These reviews were:

·    Due Diligence conducted by an external independent service;

·    Claims exposure conducted by Westpool/UIP’s claims management service Claims management Australia (CMA);

·    Actuarial conducted by Westpool/UIP’s actuarial service provider Finity Consulting;

·    Insurance cover conducted by Westpool/UIP’s brokerage service provider, Willis Australia.

Due Diligence

Expressions of interest were sought and firms were asked to quote against a project scope developed by the Pools.  This project scope considered a range of risks specific to Wollongong City Council, a review of their risk management culture, and response to the ICAC Inquiry.

KPMG was engaged to undertake a comprehensive review of Wollongong City Council’s operations and response to risk and provide a report on their ongoing exposures and commitment to pooling.  This involved interviewing staff at Wollongong City Council and reviewing a range of documents which address the issues raised in the brief.  A Westpool/UIP Working Party met with KPMG at key stages to ensure the review was progressing and assess current findings.

In the meantime, the Working Party continued to oversee the work of KPMG with an initial draft reported to the United Independent Pools Executive on 10 March 2010.  After a comprehensive review of the KPMG report, the Executive developed a series of additional issues for Wollongong City Council to respond to.  The Executive also agreed that Wollongong City Council should consider the KPMG draft report to give them an opportunity to comment on the management of ongoing risks.

Wollongong City Council provided feedback to the report addressing risks to KPMG’s satisfaction and they provided a response to all questions raised by the Executive.  In addition, they offered for the Executive and any interested members to attend a meeting in Wollongong to discuss their response to risk and their commitment to the principles of the Pools.

A meeting was scheduled on 8 April 2010 where Wollongong City Council outlined their risk management approach, strategies to manage risks specific to their area and the actions taken to respond to the issues raised during the ICAC Inquiry.  The meeting was supported by presentations from the General Manager, senior staff, internal ombudsman, independent members of the governance committee and one of Wollongong City Council’s administrators.

The Executive was impressed with their response to risk and the changes they have implemented since the ICAC Inquiry.  The Executive are of the view that they are addressing their risks well and have demonstrated a commitment to the principles and practices of the Pools.

KPMG completed the due diligence review and submitted the report to a special meeting of Westpool and United Independent Pools on 30 April 2010.  A copy of the KPMG report was provided to all members.

In addition, a two-page Executive Summary was provided with a checklist of the key criteria investigated as part of this review and a copy is appended to this report.  The Executive Summary considers issues which were addressed by our brokers, claims management team, and actuary in an attempt to provide an overall health check.

KPMG has investigated each of the issues raised in the due diligence brief. KPMG is satisfied that Wollongong City Council is managing their risks well and poses no material risk above that expected within a normal council operation.

CMA Review

CMA, has been working with Wollongong City Council over the past 12 months and has undertaken a complete review of all claims above $50,000.  Claims have also been entered into our claims database and all current and new matters were referred to Westpool panel solicitors.

The claims reserves have been reviewed and are now consistent with our claims reserving protocols.  The position has improved and no new claims of any significance have arisen in the past 12 months.  Wollongong City Council is recording all claims in our claims management system (CMS) and the staff are complying with procedures and practices within our claims manual.

CMA is satisfied that Wollongong City Council have embraced the spirit and technical procedures of our claims manual.  Furthermore, they comment that the claims experience in recent years is good and consistent with expectations.

Actuarial Review

Finity Consulting Pty Ltd, Westpool/UIP’s actuarial service provider, undertook a review of contributions factoring in the relative size of Wollongong City Council compared to other members and their claims experience.

David Minty, of Finity, reported his findings to the special Board meetings of United Independent Pools and Westpool and it demonstrated that accepting Wollongong City Council as a full member would not adversely impact contributions.  Instead, members would experience slight reductions as administrative costs are shared over more members.

The existing equity of members would not be impacted, however in the case of Westpool, a larger pool will mean that the minimal capital requirement (MCR) would need to increase over the next few years.  To address this the actuary proposes that Wollongong City Council make an additional contribution to the equity and a further report was requested to determine the appropriate level of additional contribution.

Brokers Review

Willis Australia carried out a comprehensive review of Wollongong City Council’s insurance cover in May 2009 as compared to the Pools for all lines of insurance.  They renewed all existing insurances and through Westpool/UIP collective buying power, negotiated considerable savings for Wollongong City Council.

Willis’ comparative insurance cover review identified some differences and it is intended that the Pools incorporate the best of each policy into one single document for insurance renewals in October. 

Willis have indicated that the following items are seen as relevant and beneficial to United Independent Pools and Westpool from an insurance perspective:

§ Bulk buying power should generate favourable premiums;

§ The increased size of the United Independent Pools account likely to generate further interest from the local and overseas underwriting markets;

§ Strengthening of position in negotiating breadth of cover in policy wordings with insurers;

§ Opportunity to explore insurance products, currently purchased by Wollongong City Council, which may be of interest to Westpool (i.e. Statutory Liability);

§ Streamlining of marketing activities;

§ Uniform service model for all members.

Additional Issues

In considering the application for Wollongong City Council it is worthwhile considering some of the additional benefits the members will receive by the inclusion of a new member.

§ The Pools grow through sharing knowledge, policies and procedures.  Inclusion of Wollongong City Council will bring fresh ideas which all can benefit from;

§ New membership brings new individuals who can share knowledge and skills to help manage our risks;

§ Inclusion of Wollongong City Council increases our buying power in the insurance market which, if managed correctly, should help drive prices down;

§ Westpool and United Independent Pools are susceptible to competition and loss of members could compromise our future.  Similarly, inclusion of a large member should help to strengthen our position in the market and protect us from competition;

§ Inclusion of Wollongong City Council will bring an additional $1 million funds into both Westpool and United Independent Pools.  While some of this money is used to pay insurance and running costs, up to 50% of it is retained as claims provisions and increases our investment portfolio.

Outcome

The due diligence review has resulted in a comprehensive analysis of Wollongong City Council’s risks and their actions to manage these risks.  The report has considered the impact on existing members and demonstrates that the introduction of Wollongong City Council will add value to our organisations and not adversely impact on existing members.

In light of the review, Westpool and United Independent Pools have resolved to invite Wollongong City Council as a full member commencing 31 October 2010.

A letter has been forwarded to Wollongong City Council formally offering full membership to both Westpool and United Independent Pools effective 31 October 2010 once their existing insurance expires.  The Boards will consider Wollongong City Council’s response along with a further report on the additional equity contribution required by Westpool.  In addition, the Board will finalise a new Deed of Agreement which will need to be signed by each member General Manager.

The members of Westpool and United Independent Pools consider that this recent development will strengthen our Pools and increase our position in the insurance market. 

 

 

 

RECOMMENDATION

That the information contained in the report on Expansion of Membership - Westpool and United Independent Pools be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

7

Liability and Property Insurance Renewal 2010-11   

 

Compiled by:                Ken Muir, Risk Management Co-ordinator

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

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

To provide an update on the consequences of the recent expansion of the Westpool membership and to consider claims excess layers for insurance cover with Westpool and United Independent Pools. The report recommends that the information be received and that Council maintains the 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 now 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

§ Wollongong City Council

 

Liability cover is provided through Westpool. Councillor Ross Fowler OAM has been Chairperson of Westpool for the last 15 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 2009-10 for Council and its controlled entities was $1,078,000 with a $100,000 claims excess layer.

 

For 2010-11, Westpool has offered the following claims excess layers for liability cover:

 

Liability Claim Excess

$50,000

$75,000

$100,000

Contribution 10-11

$1,035,000

$964,000

$923,000

 

 

Whilst the number of claims and incidents appear to have returned to the significant levels of 2000-2001, claims costs, as depicted by the bars in the following graph, have significantly decreased since 2001-02.

 

 

Over the last 10 years, the maximum number of claims with estimated costs over $100,000 is two in any one year, and for most of those years there has been only one 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 practices and policies have also contributed to minimising costs.

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 $442,000 in 2009-10.

 

As a result of Westpool’s continued positive claims trends, Westpool has successfully negotiated the continuation of 2009-10 insurance terms with the London underwriters.

 

It was recognised that large and infrequent claims occur and that they have the potential to destabilise premium calculations. The Westpool premium contribution formula has been revised to smooth out these anomalies and provide greater certainty as to future estimated contributions. Our positive claims management trends, the change in contribution calculation and the inclusion of Wollongong City Council have contributed to reducing our 2010-11 contribution. 

 

It is still considered viable to continue with Council’s excess of $100,000. With this excess level the premium for 2010-11 will be $923,000 representing a premium decrease of $155,000 from 2009-10.

 

Industrial Special Risk and General Property Insurance

Council’s Industrial Special Risk and General Property Insurance cover is due to expire on 30 June 2010. Cover is provided for insurance categories of Industrial Special Risk (ISR), fire & all risk (property only), machinery breakdown and computer breakdown.

 

In 2003, Council self insured its property and joined UIP’s ISR self insurance program in 2005.

 

UIP has provided variable ISR excesses for 2010-11. These are:

 

ISR Claims Excess

$10,000

$20,000

Premium Contribution 08-09

$389,000

$365,000

 

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 of $20,000. The number of property claims, since 2001, are summarised in the following table.

 

 

Location

Year

Cause

Cost

Glenmore Park Child Care

2001

Fire

$278,000

Erskine Park Child Care

2001

Fire

$114,000

Ripples Recreational Centre

2003

Machinery Breakdown

$20,481.96

Andromeda Drive Amenities Block

2004

Fire

$87,486.00

Hickeys Lane Amenities

2005

Fire

$111,318.78

Andrews Road Baseball amenities

2005

Fire

$65,897.65

Penrith City Council PABX

2007

Storm

$202,470.53

Harold Corr Amenities Block

2007

Fire

$122,867.00

Penrith Pool

2008

Fire

$307,667.36

Lewers, Rec Centre and 3 Child Care Centres

2008

Storm

$46,578.72

Depot keys

2008

Theft

$23,217.00

Ched Towns Reserve Sporting Field Amenities Block

2010

Fire

$25,000.00

Fire Control Centre, Regentville

2010

Unrecorded

$22,000.00

 

 

The value of Council’s building assets has increased to $379,000,000. The limited cost of claims in 2009-10 and no claims in 2008-09 stabilised the growth of the premium contribution. It was expected that external market forces would result in a premium increase but the inclusion of Wollongong City Council and our recent positive claims history has resulted in a saving of $1,000 on 2009-10. The Penrith contribution for UIP ISR is $365,000 and represents less than 0.1 cents in the dollar for the value of all Council’s property assets.

 

Controlled Entities

Controlled entities are offered a range of claims excesses for ISR and liability cover with appropriately varied contributions based on the Westpool and UIP contribution formulae.

 

Summary

As a consequence of the continued prudential management of liability claims and the inclusion of Wollongong City Council into both Westpool and UIP, the cost to Council for liability and property insurance has decreased. By continuing with existing excesses for liability ($100,000) and property ($20,000), Council benefits from its management systems and the lower premium costs. Council’s 2010-11 budget, when adopted on June 21, will reflect the premiums discussed in this report.  

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Liability and Property Insurance Renewal 2010-11 be received.

2.     Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $923,000 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 $365,000 to United Independent Pools.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

8

United Independent Pools Service Providers - Tender   

 

Compiled by:                Ken Muir, Risk Management Co-ordinator

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

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

In 2009 Westpool and MetroPool commenced a marketing process which included an initial expression of interest phase followed by a short listed tender process for the provision of brokerage and claims management services.  This process has now been completed and in accordance with local government tendering regulations the final decision must be made by the member councils as it cannot be sub-delegated.

 

The report recommends that:

 

1.     Willis Group be appointed to United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications; and

2.     Claims Management Australasia be appointed as claims manager for United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

Background

Council is a founding member of two local government insurance pools - Westpool and United Independent Pools (UIP).

 

UIP was formed by members of Westpool and Metro Pool to spread the risks, share resources and stabilise premiums for non liability insurance cover including property, comprehensive motor vehicle, volunteer and sundry exposures.

 

Westpool, Metro Pool and UIP are local government insurance pools established to provide comprehensive insurance cover and support our commitment to risk management.  Through working in partnership with other member councils we have controlled insurance costs and been able to develop strategies and policies to more effectively manage our risks.

 

The Pools (Westpool, Metro Pool and UIP ) are managed by a core administrative team and rely on the support of a range of service providers.  These providers are bound by service agreements and are regularly market tested in accordance with the provisions of the Local Government Act.  Two of the key service providers essential for the Pools’ operations are brokerage and claims management.  The following firms currently provide services to the Pools and have done so since 2004:

 

Claims management:  Claims Management Australasia

Brokerage:  Willis International Pty Ltd

 

The members have been satisfied with their service and there has been no adverse service related issues which would impact this tender.  Regardless, it is the practice of Westpool and Metro Pool to market test the services to maintain an efficient service and consider alternatives if they exist.

 

In 2009 the Pools commenced a marketing process which included an initial expression of interest phase followed by a short listed tender process.  The 15 member councils of both Pools, including Wollongong City Council, delegated authority to undertake the review and recommend preferred suppliers.  This process has now been completed and in accordance with local government tendering regulations the final decision must be made by the member councils as it cannot be sub-delegated.

 

The Process

As mentioned previously, the review has been in two stages including an initial expression of interest followed by an offer to tender for a shortlist of firms.

 

A working party made up of representatives of both Pools was appointed to undertake the review and they reported back to the respective Boards at every stage.

 

Following the expression of interest stage, a shortlist of firms was determined who possessed the experience and resources to service the Pools.  The firms were then provided an opportunity to submit a tender.  Official tender documents were developed and the tenders were administered through the resources of Parramatta City Council.  The companies who reached the second tender stage are as follows:

 

Claims Management

·      Claims Management Australasia

·      Gallagher Bassett Services Pty Ltd

·      Jardine Lloyd Thompson Pty Limited

 

Brokerage

·      Arthur J Gallagher Australia Pty Ltd

·      Jardine Lloyd Thompson Pty Limited

·      Willis Group

 

Arthur J Gallagher Australia Pty Ltd were the only shortlisted firm to not respond to the tender for Brokerage services. The remaining shortlisted firms made submissions and these were assessed as conforming tenders.  Tender documents and responses are stored at the Westpool/Metro Pool office and are available upon request.

 

This report outlines the results of the tender process, the views of the working party and the recommendation of the Westpool and Metro Pool Boards.  The final stage is to seek approval from each member council endorsing the recommendation of Westpool and Metro Pool.

 

 

 

Evaluation of Tender for the Provision of Claims Management and Brokerage Services for Westpool, Metro Pool and United Independent Pools

The successful service provider/s will be engaged to provide marketing, placement, servicing for the Pools’ insurance portfolio and/or claims management for five years commencing in approximately March, 2010.

 

Selection Criteria

Tenders were assessed on the following selection criteria and specific weighting was applied according to level of importance.

 

The selection criteria are:

 

(a)  Conformity with Tender Schedules and tender documents;

(b)  Relevant experience and proven track record of the Tenderer with similar contracts;

(c)  Geographical resources;

(d)  Employee resources;

(e)  Capacity and reputation in the market place;

(f)   Financial capability and strength;

(g)  Commitment to full disclosure and transparency;

(h)  Understanding and experience in developing and servicing local government insurance programs;

(i)   Innovative and unique structures and systems for local government;

(j)   Ability and resources to provide comprehensive claims management services;

(k)  Ability to record claims in an electronic database and provide regular reports;

(l)   Quality planning;

(m) Value for money; and

(n)  References.

The panel collectively determined a weighting score for each of the criteria based on level of importance.  This was calculated on the basis of percentage of importance and totalled 100%.  The calculations from each member were added together and averaged.  For instance, if a tender averaged 7 for the first criteria, this when multiplied by 12.4% achieves a score of .87.

 

Although a weighting was placed on value for money, this issue was dealt with separately after considering all other criteria as the team did not want to be influenced by price until they had adequately considered the service criteria.  Each of the tenders were independently scored on a scale from 1-10 by each member and the results averaged.  The weighting was then applied to each of the criteria to determine a final score.  Each of the panel assessed the tenders on this same basis and agreed on the final outcome.

 

Results for brokerage and claims management are summarised in the tables below. Only two tenders were received for Brokerage services.

 

 

BROKING

Criteria

Weighting %

Jardine Lloyd  Thompson

Willis Aust Ltd

Conformity with Tender Schedules and the tender documents

 

þ

þ

Relevant experience and proven track record of the Tenderer with similar contracts

12.40

0.82

1.04

Geographical resources

5.80

0.41

0.49

Employee resources

9.40

0.66

0.79

Capacity and reputation in the market place

9.60

0.63

0.77

Financial capability and strength

10.00

0.64

0.80

Commitment to full disclosure and transparency

9.80

0.55

0.82

Understanding and experience in developing and servicing local government insurance programs

10.80

0.80

0.95

Innovative and unique structures and systems for local government

11.20

0.72

0.85

Ability and resources to provide comprehensive claims management services

1.00

0.02

0.01

Ability to record claims in an electronic database and provide regular reports

1.00

0.02

0.01

Quality planning

7.60

0.44

0.59

Value for Money (Price Component of submissions)

10.40

0.53

0.51

References  (all tenders were well known to the working party)

1.00

0.00

0.00

Totals

 

6.24

7.63

 

Working Party Comments

Willis Australia Ltd was considered the preferred tenderer as they excelled in all areas of the tender criteria with exception of price.  The pricing assessment is addressed in a further section of this report.  The Committee also considered that Willis have maintained a quality service to the Pools since 2004.  The submission from JLT for brokering services was not comprehensive and did not adequately demonstrate international experience nor creative market placement.

 


 

 

CLAIMS MANAGEMENT

Criteria

Weighting %

Claims Mgmt Aust

Gallagher Bassett

Jardine Lloyd  Thompson

Conformity with Tender Schedules and the requirements of the tender documents

 

þ

þ

þ

Relevant experience and proven track record of the Tenderer with similar contracts

11.00

0.90

0.79

0.75

Geographical resources

5.00

0.34

0.35

0.35

Employee resources

9.00

0.65

0.68

0.63

Capacity and reputation in the market place

7.80

0.61

0.53

0.51

Financial capability and strength

6.80

0.44

0.48

0.42

Commitment to full disclosure and transparency

7.80

0.61

0.48

0.45

Understanding and experience in developing and servicing local government insurance programs

7.00

0.59

0.46

0.52

Innovative and unique structures and systems for local government

5.80

0.44

0.43

0.31

Ability and resources to provide comprehensive claims management services

12.00

1.01

0.98

0.72

Ability to record claims in an electronic database and provide regular reports

11.00

0.84

0.86

0.79

Quality planning

5.40

0.40

0.30

0.26

Value for Money (Price Component of submissions)

10.60

0.53

-1.00

0.58

References Note 1 below

0.80

0.00

0.00

0.00

Totals

 

7.34

5.36

6.30

Note 1:  In regard to the reference check, the committee was satisfied that each firm was capable of servicing the Pools, as they were well known to the members.

 

Working Party Comments

The responses received were reviewed by each of the evaluation panel and the following areas were highlighted.

 

Firstly, CMA received a higher score in the majority of criteria, however their pricing was not the cheapest.  Pricing is addressed separately in the next section.

 

A1.3.5 of the tender specification relates to fees.  JLT claims management fee included a restriction for only 21 days of risk management advice.  This left the review panel with concerns as to what is included and what is not.  The extent of advice in a year is considered well above this level and at a rate of $1,750 per day there is potential costs could blow out.  CMA rate is all inclusive and accounts for general claims and risk management advice including below deductible and motor vehicle.

 

JLT also requested 16 amendments to our current service agreement and the tender review panel considered that some of the requests might compromise our interests.

 

Summary of Tender Costs

The costs of the tenders were an important consideration but at the end of the day only one of the criteria.  We asked each tenderer to provide costs on the following basis:

 

1.   Tender costs per Pool individually;

2.   Tender price for Wollongong City Council as an associate member;

3.   Tender price for Wollongong City Council as a Westpool member;

4.   A bulk figure to provide services to all three Pools.

 

The Pools have analysed the various cost options and considered the preferred solution.  In determining their recommendation, Westpool and Metro Pool are committed to appointing a single service provider for claims management and a single provider for brokerage.  In the Pools’ experience it is not preferred to have one provider delivering both brokerage and claims services to the Pools as there are advantages in keeping these independent and it avoids conflicts of interest.  The Pools have found that separating the services encourages competition and independent advice.  In regard to the future impact of Wollongong City Council, this has been set aside in the consideration as Wollongong City Council will fund the relevant costs associated with their membership.

 

Based on these factors the relevant costs to be considered are the total cost for each service based on each of the Pools agreeing to use the same provider for claims management and the same provider for brokerage.  This is Option 4 above.

 

Gallagher Bassett Services, who tendered for the provision of claims management services, were excluded on the basis of price as their cost per pool was $200,000 in excess of the other two competing tenderers. As a result the Pools undertook a price comparison between JLT and CMA for claims management services.

 

JLT did not separate out a cost for United Independent Pools as requested in the tender, therefore a cost equivalent to the other two providers has been assumed while Westpool and Metro Pool costs have been reduced accordingly.

 

It is up to the joint pools to determine the appropriate proportion shared amongst each Pool, however for this analysis we have assumed a 50/50 split.

 

The relevant costs are as follows:


 

Claims Management

 

Tenderer

United Independent Pools

Westpool

Metro Pool

Total Cost

JLT

$25,000

$166,750

$166,750

$358,500

CMA

$25,000

$176,150

$176,150

$377,300

Difference per Pool

Nil

$9,400

$9,400

 

 

Brokerage

 

Tenderer

United Independent Pools

Westpool

Metro Pool

Total Cost

JLT

$75,000

$167,500

$167,500

$410,000

Willis

$75,000

$170,000

$170,000

$415,000

Difference per Pool

Nil

$2,500

$2,500

 

 

Note: Arthur J Gallagher Pty Ltd did not submit a tender for brokerage services.

 

Based on this option the difference in cost per Pool for claims management is $9,400 while brokerage is only $2,500.  In the opinion of the working party this variance in cost is not sufficient to warrant changing service providers.

 

After reviewing the tenders and assessing cost implications, the working party made the following observations to both Westpool and Metro Pool.

 

1.   The service of both Willis and CMA has been excellent over the past five years with no issues of concern;

2.   The insurance innovations and solutions offered by Willis in the past five years resulted in increased Pool products and facilitated the formation of United Independent Pools;

3.   The CMA service is all inclusive and they offer assistance for small claims, risk advice and motor vehicle claims.  This is additional to the service tender and has effectively saved members’ costs over the past five years;

4.   JLT has a limitation on their risk management service to 21 days per year with additional costs on a daily rate;

5.   JLT has proposed numerous amendments to our existing service level agreement while our current providers have been willing to meet all conditions of the agreement;

6.   Willis provides an all inclusive arrangement for brokerage.  Their cost structure includes all minor insurances individual members take out above and beyond the Pool products.  JLT do not appear to offer this service in their submission.

 

Metro Pool and Westpool considered this matter at their Board meetings (Metro Pool 9 December 2009 and Westpool 22 February 2010) and resolved to take the following action:

 

1.         Willis Group be appointed to United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications;

2.         Claims Management Australasia be appointed as claims manager for United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

 

As mentioned previously, Westpool and Metro Pool do not have authority to approve tenders although they can co-ordinate the process and make a recommendation to the member councils.  It is critical, however, that the members are consistent with the final resolution as different resolutions could compromise the process.  Westpool and Metro Pool are confident that this decision will ensure that the Pools continue to deliver quality risk services to its members and as such, Westpool and Metro Pool seek Council’s endorsement of this recommendation through adopting the following resolution.

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on United Independent Pools Service Providers - Tender be received.

2.      Willis Group be appointed to United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

3.      Claims Management Australasia be appointed as claims manager for United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

9

Workers Compensation   

 

Compiled by:                John McConnell, Employee Relations Advisor

Authorised by:             Linden Barnett, Group Manager - Workforce & Workplace   

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: Our decisions are based on research, evidence, and our responsibility to anticipate harm before it occurs

       

 

Executive Summary

This report reviews some of the major steps that Council has taken in a move towards an alternative model for Worker Compensation Insurance as part of a program to improve performance in occupational health and safety and injury management. As Council’s performance in these areas has continued to improve over recent years it was timely to consider whether self insurance continued to be the most desirable option for Council at this stage.

 

The options for Council are as follows:

§   Continue with the current Injury Management and Worker Compensation Insurance arrangements with Allianz (or another generalised insurer),

§   Obtain workers compensation insurance with a specialised insurer ie StateCover,

§   Apply to WorkCover to be covered by the Retro-paid loss premium calculation model, better known as the burning cost premium model,

§   Apply for a Self insurers licence.

 

Initial analysis by Council Officers identified that a recently developed approach known as the Burning Cost Model could provide many of the outcomes desired by the move to Self Insurance at reduced risk.  Further investigation also revealed that this approach could be achieved for 2010-11 and given Council’s current claims cost was likely to generate savings greater than those projected for Self Insurance.

 

To supplement the analysis of Council Officers Willis Australia Pty Ltd (Willis), an associate of Westpool and UIP, were engage to provide an independent analysis and cost-benefit assessment of moves to both Self Insurance and the Burning Cost Models.  This analysis was presented, by Willis to the Finance Working Party meeting held 6 May 2010.  Following this meeting an application has been lodged with WorkCover for Council to be accepted into the Burning Cost Model for 2010-11.

 

This report recommends that Council endorse the lodgement of the application with WorkCover to be covered by the Burning Cost Model for 2010-11.

Background

In 2006 Council endorsed a program on OHS & Injury Management (OHSIM) to engage Consultants to assist in the development and implementation of the NSW Self Insurance Model to improve OHSIM performance and to assess the viability of obtaining a self insurer’s licence.

 

The implementation of a new OHSIM system was expected to reduce workplace injuries and by adopting the self insurance model embed proactive injury prevention (improve OHS), further improve injury management and sustain a positive work culture. The conversion to a self insurance model would become a driving force for commitment to best practice OHS.

 

Council’s OHSIM upgrade project commenced in 2007 and the overall project consisted of 3 elements:

1.   The review of external environment, injury management procedures and the practices, processes and procedures relevant to the control of OHS.

2.   The development of new OHS Management System procedures at a corporate level to meet the new National Audit Tool requirements.

3.   The monitoring of the implementation of those procedures via the auditing of the various departments across Council.

 

Council’s proactive approach to OHS and a gradual reduction in the number of claims and incidents over the years continue to suggest that a move from traditional insurance is likely to provide financial benefits for Council.

 

Current Situation

Council has over recent years investigated the options for alternative models for providing for workers compensation insurance.  The options identified were; continuing with traditional insurance with a generalised or specialised insurer, moving to Self Insurance or to the recently introduced Retro Paid (Burning Cost) Model.  These options and the result of investigations in the models are further discussed below.

 

Traditional Insurance with Generalist or Specialised Insurer

Traditionally workers compensation insurance is fairly volatile with the ability of just one uncontrolled claim to influence the yearly premium for up to three years.

 

The fact that a claim is estimated for a period in excess of the premium year can reflect in premiums and even when the claim is controlled there is no return to Council for the improvement in claims management.

 

Council’s current situation is evidence of this with the 2009-10 premium of $1.4m being effected by just two claims and had these claims not been resolved the estimate for the 2010-11 premium would have increased to $2.3m.

 

Self Insurance

Until recently, the alternative for Council was to remain with traditional insurance or proceed with an application for a self insurers licence. Self insurance will mean that Council is only required to pay the cost of claims, although there is no limitation to the length of time, costs or particular types of claims that Council is financially liable for, if they become a self insurer. Prior to the development of the new model, self insurance could have been considered to be the most cost effective way to proceed for a large organisation with a high cost structure and a poor claims experience, on the proviso that moving to self insurance results in a substantially improved claims experience to justify the additional resources that need to be applied and the additional direct costs that are added to existing claims costs.

 

With Council’s proactive approach to OHS and a gradual reduction in the number of claims and incidents over the years there may not be as great a justification of proceeding to self insurance as there once was.

 

Retro Paid Loss Premium Calculation Model (Burning Cost)

This model was introduced in NSW in 2009 and aims to derive an employer’s premium almost entirely from their individual claims experience and success in injury prevention and claims management, rather than taking into account industry based experience. The premium is closely linked to claims performance not only during the policy period but until the claim is closed or for 4 years from the expiry of the 12 month policy, whichever is the shorter.

 

Council Officers have met with WorkCover who advised that the model provides a number of the benefits of self insurance, including a closer link between an employer’s individual performance and their final claims costs, without the substantial set-up costs associated with entry to self insurance. During these discussion WorkCover encouraged Council’s investigation of the Model and welcomed an application to the scheme.

 

This model is an option that is available for large employers and as at March 2010 had been taken up by 17 large employers including IBM, Franklins, News Limited and Housing NSW.  WorkCover will assess any application for admittance to the scheme, based on satisfying the eligibility criteria and determine whether the application is approved The application includes satisfaction of a number of key performance indicators for OHS to reflect behavioural drivers for achieving improved workplace safety, injury management and return to work outcomes. The indicators are set to assist employers in undertaking action that will result in them benefitting financially for their participation.

 

Council needs to set its own annual ‘targets’ or objectives for improving or maintaining current performance against OHS and workers compensation indicators, and these targets or objectives must be agreed in writing by the General Manager and/or Council.

 

The requirements, in relation to both OHS and IM key performance indicators are less stringent, than those that are required to be attained in order to receive a self insurer’s licence, and conversely easier for Council to achieve. The OHS Implementation Plan that has been developed has been lodged with Council’s application for the Burning Cost Model. 

 

Premiums are calculated at the group level (Council plus the 3 entities) and apportioned among group members utilising one of three methods. The premium is adjusted at 15, 24, 36, 48 and 60 months from the commencement of the policy and the adjustment may be positive or negative depending on claims cost and the selected adjustment factor.

 

Council chooses which method of premium calculation is to be applied for Council and the 3 entities and can be on a proportional basis of the overall premium or can be partly based on claims cost. As one of the aims of this model is to reduce injuries and associated claims costs it would appear appropriate to select an option that rewards improved claims management, through negligible injuries.

 

WorkCover has provided some indicative premium calculations based on estimated wages for 2009-10, dependent on whether Council chooses to cap its large claims at either $350,000 or $500,000 per claim. A monthly or quarterly instalment option is available for payment of the deposit premium.

 

The choice of the claims cap will affect the deposit and minimum premium and the required security deposit (bank guarantee) in order to participate in the scheme, as outlined in the table below, excluding GST. The indicative costs of such a bank guarantee is $10,600 pa, each years premium would require 5 years of this at a cost of $53,000 for each premium over the life of the model.

 

 

$500,000 claims cap

$350,000 claims cap

Group Deposit Premium

$657,000

$688,000

Group Minimum Premium

$526,000

$550,000

Group Maximum Premium

$3,839,000

$3,839,000

Group Security Deposit

$3,636,000

$3,501,000

Adjustment Factors

2.95 at 15 months to 1.67 at 48 months

3.05 at 15 months to 1.75 at 48 months

 

As the Burning Cost model is predicated on the organisation already having an OHS Management System (OHSMS) and being required to demonstrate a number of OHS and Injury Management performance indicators, the application of this model could move Council towards self insurance over time. It should definitely lead to improvements in the OHSMS, even if Council does not move to finally introduce self insurance.

 

Financial Services Manager’s Comment

The investigation of an alternative model for workers compensation insurance has been driven by a combination of a desire for improved OHS and the possibility of reduced workers compensation costs.  While this had originally seen Council investigating a Self Insurance Licence the recently introduced Burning Cost Model has provided an alternative that has now been explored.  This report proposes that Council move towards the Burning Cost Model and lodge an application with WorkCover which unlike Self Insurance could be implemented for the 2010-11 year.

 

The draft 2010-11 budget has an allocation for Worker Compensation Insurance of $1.5m (excluding entities). The Burning Cost Model, as detailed in this report, allows for two alternative claims capping levels that impact on the premium calculation.  While the lower cap of $350,000 results in a slightly higher deposit premium it does represent a more conservative approach and it is recommended that Council should pursue this option. The capping of claims at $350,000 and the existence of a maximum premium under the Burning Cost Model would allow Council to move away for the current approach to Workers Compensation Insurance without taking on the same level of risks associated with Self Insurance. 

 

Estimates of the deposit premium under the Burning Cost Model, with a $350,000 claims cap, for 2010-11 have been indicatively provided at approximately $670,000 (excluding entities). The implementation of this model will require an additional staff member in Injury Management and an annual $3.5m Bank Guarantee (with each guarantee being maintained for 5 years).  After these additional costs are taken into consideration and provided for it is estimated that net savings of up to $700,000 could be realised by Council in 2010-11. Given the requirement to balance or adjust the premium over a five year period, including the year of insurance, based on actual claims costs, it is proposed that if Council’s application was successful to move to the Burning Cost Model that $500,000 of the projected savings be placed in the Insurance Reserve to provide funding for any adjustments in years 2-5.  Similarly, good claims management could see the adjustment in favour of Council with the possibility of reducing the deposit premium to the minimum premium. The Burning Cost Model will still provide Council with coverage for Journey and Recess claims similar to Traditional Insurance. It is noted that Council will be required to make a commitment to the Burning Cost Model for a minimum of three years at which time an assessment of a move to Self Insurance could be reconsidered.

 

The Burning Cost Model will also provide overall savings for Council’s Controlled Entities that have seen increases in premiums in recent years since being grouped with Council.  The only exception to this is the PPVA where the annual indicative premium would increase to $13,400 in 2010-11 from $7,100 in 2009-10.

 

As reported to the Finance Working Party the analysis of the Self Insurance Model by Willis has confirmed that Council would likely realise substantial savings by moving to this model.  This model would see Council receive the full benefit of good claims management and injury prevention programs as under this model Council’s cost would reflect the actual cost of claims.  However in addition to the claims costs a number of other administrative costs exist with establishing and maintaining a Self Insurance Licence, these administrative costs are estimated to be as high as $640,000 in the first year and $520,000, prior to indexation, for future years.  These costs when combined with the current claims cost, as the analysis from Willis shows, would not provide any additional savings over those available under the Burning Cost Model, in addition it is worth noting that under this model Council’s claims costs would include an exposure to the full cost of Recess and Journey Claims, unlike Traditional Insurance and the Burning Cost Model.  These cost factors and the increased risk exposure under Self Insurance do not, at this time, provide an incentive to move to Self Insurance over the Burning Cost Model.

 

Conclusion

The investigation into an alternative model for Workers Compensation Insurance has resulted in an analysis of both the Self Insurance and the Burning Costs Models.  Initial investigations suggested that savings could be achieved under both models however these investigations indicated that moving to the Burning Cost Model would allow Council to access these savings earlier, with reduced risk.  Applications to WorkCover for coverage under the Burning Cost Model in 2010-11 closed 14 May 2010. Council Officers, following the endorsement of the Finance Working Party have lodged an application for 2010-11.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Workers Compensation be received.

2.     Council endorse the lodgement of the application with WorkCover to be accepted into the Burning Cost Model for 2010-11.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

10

Annual GST Compliance Certificate   

 

Compiled by:                Brett Richardson, Acting Financial Accountant

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: As a City, we expect responsible and ethical behaviour

       

 

Executive Summary

Annually, each Council is required to provide a GST Compliance Certificate to the Division of Local Government (DLG). An external review of Council’s GST compliance has been conducted by PricewaterhouseCoopers (PwC) in May this year and no issues were identified. The 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 2009-10 certificate covers the period 1 May 2009 to 30 April 2010, and this report recommends that the certificate be signed by the Mayor, Deputy Mayor, General Manager and Group Manager - Finance / Responsible Accounting Officer and lodged with the DLG.

Current Situation

Council’s GST compliance is continuously monitored by Council officers. The monthly Business Activity Statement (BAS) is lodged with the Australian Taxation Office (ATO) and undergoes rigorous testing and verification prior to lodgement. No instances of non-compliance have been identified by Council officers for the period covered.

 

Although not a requirement for completing the GST compliance process, Council has committed to undergo an external review every second year. In keeping with this practice, this year an external GST review of Council’s GST procedures and systems has been undertaken by our auditor, PwC. The 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 by PwC did not find any inadequacies and concluded that Council’s internal controls and GST management systems are sufficient to enable GST compliance for the period of 1 May 2009 to 30 April 2010.

Compliance Certificate

The certificate requires Council to attest that: 

§   Voluntary GST has been paid by Penrith City Council for the period 1 May 2009 to 30 April 2010,

§   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, and

§   No GST non-compliance events were identified by, or raised with, the Australian Taxation Office.

 

The due date for the lodgement of the 2010 GST Compliance Certificate with the DLG is 1 June 2010. 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 / Responsible Accounting Officer sign the 2010 GST Compliance Certificate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

11

2010 Local Government Association Conference   

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Stephen Britten, Group Manager - Legal & Governance  

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

       

 

Executive Summary

The Local Government Association of NSW (LGA) will hold its Annual Conference in Albury from 24 – 27 October 2010.

 

Council is entitled to nominate seven (7) Councillors as voting delegates to attend the Conference, as well as including other Councillors as observers.

 

It is Council’s practice to sponsor up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the Conference.

 

The report recommends that Council nominate its seven (7) voting delegates and other Councillor observers, and sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the Conference.  

Background

The Local Government Association of NSW (LGA) will hold its Annual Conference in Albury from 24 – 27 October 2010.

 

Over the years, Council has been very successful at influencing the development of statewide LGA policy, particularly in the areas of planning, the environment, community planning, fire and emergency services, roads and transport and rating policy.

 

Delegates

Council now needs to select delegates to represent Penrith at the upcoming Conference, according to the following population and category criteria as laid out in the Constitution of the Association.

 

Group No.

Population

Delegates

1

Less than 10,000

1

2

10,000 – 20,000

2

3

20,000 – 50,000

3

4

50,000 – 100,000

4

5

100,000 – 150,000

5

6

Over 150,000

7

7

County Councils and Associate Members

2

8

Aboriginal Land Council

 27 *

( * A maximum of three delegates from any one Region as determined by the Aboriginal Land Rights Act 1983 )

 

In determining populations, the Association uses the Australian Bureau of Statistics publication 3218.0 (latest figures 2008-09). As Penrith City has a population of 184,611, it falls into Group 6 and is entitled to seven (7) voting delegates.

 

Other Delegates and Observers

In past years, because a number of Penrith City Councillors have also represented either the Executive of the LGA or other industry organisations such as the Hawkesbury River County Council, delegate numbers have been as high as 10. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

 

In 2009 Council’s seven (7) voting delegates were Councillors Ben Goldfinch, Marko Malkoc, Robert Ardill, Kevin Crameri OAM, Greg Davies, Karen McKeown and Kath Presdee. Councillor Jackie Greenow attended the 2009 LGA Conference as an observer.

 

In 2009, for the ninth year, Council sponsored up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the LGA Conference.

 

As the NSW Aboriginal Land Council is currently a member of the LGA in its own right, it is entitled to select 27 delegates to attend the 2010 LGA Conference, with a maximum of 3 delegates from any one Region. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

 

The process for selecting the 27 delegates is entirely up to the NSW Aboriginal Land Council, and at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council could however, still make provision to sponsor up to three observers from the Deerubbin LALC pending the outcome of the selection process for the 27 Aboriginal Land Council delegates.

 

Submission of Motions

The LGA will advise Council some time later in the year about the timetable for the submission of motions for consideration at the Conference.

 

A further report will be submitted to Council proposing motions for the Conference.

 

Conclusion

Council has been successful in influencing State LGA policy through its involvement in past LGA Conferences. The 4 Year Delivery program for 2009-2013 identifies the Council’s role in monitoring the impact of emerging social policies and in seeking to influence State and Federal Governments through a strong advocacy role. Council’s attendance and involvement at the LGA Conference is one of the activities that go to achieving these delivery actions.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2010 Local Government Association Conference be received.

 

2.     Council nominate seven (7) voting delegates to attend the 2010 LGA Conference to be held in Albury from 24 – 27 October 2010.

3.     Council give consideration to the nomination of observers to attend the 2010 LGA Conference.

4.     Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2010 LGA Conference.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

12

Electricity Tender   

 

Compiled by:                Andrew Moore, Financial Services Manager

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

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

Council will recall that as reported to the Ordinary Meeting held 1 February 2010 that the contract for the supply of Electricity for Major Sites and Unmetered Street Lighting, currently held by Energy Australia through a NSW Department of Commerce contract, is due to expire on 30 June 2010.  The Department of Commerce were due to retender for a new provider from 1 July 2010 and this process has now been completed.  At the same time an opportunity existed for Council to enter into a group tender with other NSW Local Governments administered by Local Government Procurement (LGP).  The LGP tender ran concurrently with the Department of Commerce tender and provided an additional option for Council.  Through this combined approach to the market it was estimated that savings of 8-10% could be achieved compared to the 2009-10 contract rates for the supply of electricity.  These anticipated savings have been factored into the 2010-11 Operational Plan, which is currently on public exhibition.

 

The 2010-11 Operational Plan includes an electricity budget, comprising supply, network and asset management charges of $505,000 for Major Sites (with 62% -$313,000 relating to supply) and $2.7m for Street Lighting (with 43% - $1.16m relating to supply).  It should be noted that any further savings identified through this tender process apply to only the supply costs and not the network and asset management charges.

 

The outcome of both tender processes has now been completed with the LGP tender providing the lowest cost.  This report recommends that Council enter into a three year contract with Energy Australia for the supply of electricity for major sites and Origin Energy for Street Lighting.

 

Current Situation

The Department of Commerce (777 Contract) and LGP tender processes have now been completed and a summary of the estimated impact of each option on Council for 2010-11 compared to the draft budget is presented below.

 

 

Major Sites

Street Lighting

 

Provider

Impact

Provider

Impact

LGP Contract

Energy Australia

$40,000

(saving)

Origin Energy

$4,000

(saving)

777 Contract

Energy Australia

$10,000

(saving)

Energy Australia

$160,000

(additional)

 

 

The LGP tender offers a three year contract with staged increases that would see rates in the third year of the contract below Council’s current 2009-10 contract rates. The table below highlights the usage rates applicable to Council’s major sites over recent years and demonstrates that the rates tendered through LGP represent a significant reduction compared to the large increase experienced by Council in 2009-10.

 

 

The 777 Contract is a 1 year contract and whilst below current contract rates the tender would need to be repeated again next year and does not provide the same savings in the first year as the LGP offer.  Given the higher estimated costs of the 777 contract in 2010-11 and the additional risk associated with retendering it is not proposed that this offer be accepted.

 

The estimated savings of $44,000 under the LGP offer in 2010-11 are proposed to be returned to General Revenue and will partly offset the budget deficit included in the 2010-11 Operational Plan.

 

Conclusion

The LGP tender outcome represents the best option for Council and the projected costs for 2010-11, under this contract, are a slight improvement on the estimates included in the development of the 2010-11 Operational Plan.  It is recommended that Council, through LGP Contracts, enter into three year contracts for the supply of electricity with Energy Australia for Council’s major sites and Origin Energy for Street Lighting.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Electricity Tender be received..

2.     Council enter into contracts for the supply of electricity to major sites and Street Lighting as detailed in the report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

13

2009-10 Borrowing Program   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

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

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

       

 

Executive Summary

At the Ordinary Meeting of Council held 22 March 2010 approval was sought to commence Council’s 2009-10 borrowing program as adopted in the Operational Plan. Approval is now sought to borrow an additional special purpose loan to fund the purchase of land to facilitate drainage and improvement works at Caddens Road Park. This land purchase is included in the Claremont Meadows Development Contributions Plan and the loan repayments can be funded by contributions to the Plan. Details relating to this purchase are contained within a further report to Committee of the Whole at tonight’s meeting.

 

This report recommends that the revised 2009-10 borrowing program be received.

Current Situation

While $4,113,000 of borrowings is included in the adopted Operational Plan, it is proposed to borrow an additional special purpose loan for the purchase of land at Caddens Road Park.

 

The timing of the 2009-10 borrowing program has been programmed for the end of June. To meet this timetable, a letter to invite quotations from banks and financial institutions will be sent in late May. 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 the information contained in the report on 2009-10 Borrowing Program be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 May 2010

A Leading City

 

 

 

14

Summary of Investments & Banking for the period 1 April to 30 April 2010   

 

Compiled by:                Pauline Johnston, Expenditure Accoun