30 March 2011

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 4 April 2011 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

Policy Review Committee Meeting - 14 March 2011.

 

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 TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 4 April 2011

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


B&WHORIZ

2011 MEETING CALENDAR

January 2011 - December 2011

(adopted by Council on 29 November 2010, amended by Council on 28 February 2011, revised March 2011)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

7

 

11v

2

 

 

15#@

5ü

10

7

12

(7.00pm)

 

28#@

21

 

30#*

27

18

 

19^

(7.00pm)

 

21#

 

Policy Review Committee

7.30pm

 

 

14

4

9

6

4

1

 

 

14

5

31

21

 

 

 

 

 

22

26

31

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

 

Wed

4

 

 

 

 

 

 

 

 

 v

Meeting at which the Draft Operational Plan for 2011-2012 is adopted for exhibition

 *

Meeting at which the Operational Plan for 2011-2012 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 2010-2011 Annual Statements are presented

 

Meeting at which any comments on the 2010-2011 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 Senior Governance Officer, Glenn Schuil.

 



UNCONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 14 MARCH 2011 AT 7:37PM

PRESENT

Deputy Mayor Councillor Jim Aitken OAM, Councillors Kevin Crameri OAM, Robert Ardill, Greg Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume (arrived 8:45pm), Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

APOLOGIES

PRC 12  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown that apologies be received for Councillor Kaylene Allison and Mark Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 21 February 2011

PRC 13  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the minutes of the Policy Review Committee Meeting of 21 February 2011 be confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant interest in Item 2          Protocol for Service Delivery to People Experiencing Homelessness as he was previously employed by the Minister for Housing who coordinates the Project 40 program.

 

SUSPENSION OF STANDING ORDERS

 

PRC 14  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40 pm.

 

 

 Mr Owen Rogers

 

Item 3 - Penrith and St Marys Centres Management Review

 

Mr Owen Rogers, Chairman of the Penrith City Centre Association (PCCA), spoke against the recommendation and asked for the matter to be deferred. Mr Rogers stated that he believed the PCCA had not been appropriately consulted and that there were two matters concerning an important point which needs to be included in the consultants brief and the funding arrangements which are yet to be agreed to. Mr Rogers requested the matter be deferred to allow an opportunity for the PCCA to have a Review Sub-Committee meet and discuss the revised brief and to further discuss the brief and legal advice they have received with Council representatives.

 

 

RESUMPTION OF STANDING ORDERS

PRC 15  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that Standing Orders be resumed, the time being 7:45pm.

 

DELIVERY PROGRAM REPORTS

 

A Vibrant City

 

3        Penrith and St Marys Centres Management Review                                                     

PRC 16  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Penrith and St Marys Centres Management Review be received

2.     The matter be deferred for further consultation with the Penrith City Centre Association and a report be brought back to the Policy Review Committee meeting on 4 April 2011.

 

 

A Leading City

 

1        Revitalising and Refreshing our Marketing

City Marketing Supervisor, Paul Page introduced the report and gave a presentation.               

PRC 17  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That the information contained in the report on Revitalising and Refreshing our Marketing be received.

 

 

A City of Opportunities

 

2        Protocol for Service Delivery to People Experiencing Homelessness

Community & Cultural Development Manager, Erich Weller introduced the report and gave a presentation.                                                                                                                                  

PRC 18  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Protocol for Service Delivery to People Experiencing Homelessness be received.

2.     The proposed Protocol for Service Delivery to People Experiencing Homelessness be adopted.

3.     Council writes to WSROC and the LGSA providing a copy of the report and protocol so it may be used to assist other Councils develop similar frameworks.

4.     Council also provide a copy of the report and protocol to “Church of the Rock” at Kingswood and any other relevant community groups and Council entities which could benefit from the protocol such as the PPVA and Penrith Whitewater Stadium.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:49pm.

    



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        2011 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions

 

A City of Opportunities

 

2        Proposed "Jordan Springs" Suburb Name in the St Marys Release Area

 

3        Adoption of the Draft Amendments to Chapter 6.11 - Glenmore Park Town Centre within the Development Control Plan 2006

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

  

A Liveable City

 

4        Personal Trainer and Commercial Fitness Group Draft Policy

 

A Vibrant City

 

5        Penrith and St Marys Centres Management Review

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                       Page

 

1        2011 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions

 

 



Policy Review Committee Meeting

4 April 2011

A Leading City

 

 

 

1

2011 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions   

 

Compiled by:               Stephen Pearson, Acting Senior Governance Officer

Authorised by:            Brian Steffen, Group Manager - Information & Customer Relations

Roger Nethercote, Group Manager - People and Places

Wayne Mitchell, Group Manager - City Infrastructure   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

 

Executive Summary

This report advises Council of two proposed motions for the Australian Local Government Association (ALGA) National General Assembly to be held in Canberra from 19-22 June 2011, and seeks endorsement from Council to submit the motions, as detailed, to the Assembly.

 

The proposed motions cover:

 

·    Financial assistance for ageing populations

·    Accessibility information for tourist accommodation

·    Compliance with accessibility requirements for bus stops

 

The report recommends that:

 

1.   The information contained in the report on 2011 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions be received.

 

2.   The motions detailed in the report on ‘Financial assistance for ageing populations’, ‘Accessibility information for tourist accommodation’ and ‘Compliance with accessibility requirements for bus stops’ be submitted for inclusion in the 2011 Australian Local Government Association National General Assembly Business Paper.

 

Background

The 2011 National General Assembly of Local Government will be held in Canberra from 19-22 June 2011.

 

The 2011 National General Assembly, which is sponsored by the Australian Local Government Association (ALGA), will have as its theme, “Growing with Our Community – Place, Position and Partnerships”.

 

Submitting Motions

To enhance the quality of outcomes from this year’s National General Assembly and to ensure that motions are relevant to local government nationally, the ALGA Board is calling for motions on the three core themes of the 2011 Assembly:

·     Place

·     Position

·     Partnerships

 

To be eligible for inclusion in the National General Assembly business paper, motions must:

1.   fall under one of these themes – Place, Position, Partnerships;

2.   be relevant to the work of local government nationally;

3.   complement or build on the policy objectives of state or territory associations.

Motions to the Assembly

Motions need to be submitted to the ALGA by no later than Friday 22 April 2011.

 

1.    The following motion, under the theme ‘Place’, has been identified by the Group Manager Information and Customer Relations, as a possible issue for which a motion could be framed for debate at the Conference.

 

Background

 

Australia’s population is ageing. The number of Australians aged 65 and over is expected to increase rapidly, from around 2.5 million in 2002 to 6.2 million in 2042. That is, from around 13 per cent of the population to around 25 per cent. For Australians aged 85 and over, the growth is even more rapid, from around 300,000 in 2002 to 1.1 million in 2042.

       

Since 1988 in NSW there has been a mandatory subsidy for pensioners of up to $250 on residential rates. Of the cost of this rebate, 55% is subsidised by the State Government and the remaining 45% is borne by all ratepayers – currently more than $1 m in Penrith City. Any increase above $250 is currently 100% subsidised by ratepayers.

 

During recent community consultation regarding Council’s proposal for a Special Rate Variation, the ability of pensioners and self funded retirees to pay any increased rates dominated feedback.

 

Penrith City Council believes the $250 rebate should be reviewed, given that it has remained the same for 23 years. We believe State and Federal Governments should further support councils by increasing the level of subsidy to reduce the impost of pensioner rebates being borne by the remaining residents.

 

The National General Assembly 2011 theme, Growing with Our Community - Place, Position and Partnership, is a timely reminder of the changing demographics of not only the population of Local Government Areas but of Australia as a whole and the need to ensure communities, particularly those with a higher percentage of pensioners, are not disadvantaged.

 

 

Short Title of Motion

 

Financial assistance for ageing populations

 

Suggested Theme

 

Place

 

Summary of Key Arguments

 

Since 1988 pensioners in NSW have received a mandatory subsidy of up to $250 on residential rates. 55% of this is subsidised by the State Government. The remaining 45% is borne by ratepayers – currently more than $1 million in Penrith City. Penrith City Council believes the $250 rebate is overdue for review. We believe State and Federal Governments should further support councils by increasing the level of subsidy to reduce the impost of these rebates on remaining residents as well as providing greater financial support for pensioners.

 

National Objective

 

The objective of this motion is to ensure the broader population is not disadvantaged through increased costs or reduced services as a result of providing pensioner rebates to an ageing population as well as providing greater financial support to pensioners.

 

Motion

 

That the Australian Local Government Association:

a)    seeks a commitment from the NSW State Government to review the amount of pensioner rebates on council residential rates; and

b)    calls on all levels of government to increase the percentage of subsidy provided to councils in providing pensioner rebates on council residential rates.

 

 

2.    The following motion, under the theme ‘Place’, has been prepared by the Group Manager People and Places, in response to a Council resolution at the Ordinary Meeting held on 28 February 2011 calling for a motion to be presented to the Australian Local Government Association that ensures standard Accessible Holiday Accommodation information is available advising customers of the level of accessibility of the facilities.

 

Background

 

When Council considered the report and recommendations of the Access Committee Meeting of 2 February 2011, Councillor Jackie Greenow spoke to General Business Item 4 - Accessible Holiday Accommodation in the report and asked that a motion be presented to the Australian Local Government Association that ensures standard Accessible Holiday Accommodation information is available advising customers of the level of accessibility of the facilities.

 

 

Short Title of Motion

 

Accessibility information for tourist accommodation

 

Suggested Theme

 

Place

 

Summary of Key Arguments

 

The international star rating of accommodation in Australia is maintained by a national body, AAA Tourism. The system does not cover matters relating to accessibility. Until 2006, AAA Tourism provided for operators to display a wheelchair logo to claim that they catered for guests with accessibility needs. There were many complaints about misleading information and the scheme was withdrawn. AAA Tourism has recently introduced a new self assessment scheme, but it is entirely voluntary and does not provide an independent audit of facilities or a consistent approach to reporting information.

 

National Objective

 

The issues relating to the lack of information about the accessibility of tourist accommodation are experienced for tourist facilities across Australia. To ensure consistency across state boundaries the establishment of an independent access accreditation system would need to be implemented on a national basis.

 

Motion

 

That the Australian Local Government Association write to the Parliamentary Secretary for Disabilities and Carers, Senator the Hon Jan McLucas, to make representations to The Hon Martin Ferguson AM, MP, Minister for Tourism, seeking the establishment of a national independent access accreditation system for tourist accommodation in Australia.

 

 

3.    The following motion, under the theme ‘Partnerships’, has been identified by the Group Manager City Infrastructure, as a possible issue for which a motion could be framed for debate at the Conference.

 

Short Title of Motion

 

Compliance with accessibility requirements for bus stops

 

Suggested Theme

 

Partnerships

 

Summary of Key Arguments

 

The Australian Human Rights Commission guideline titled Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002”, states mandatory compliance targets and definitive timeframes to assist bus infrastructure providers to comply with the Disability Standards for Accessible Public Transport (DSAPT.) Being non-prescriptive, the Guideline creates uncertainty as to who is responsible for providing essential infrastructure as outlined in the Guideline for new and existing Bus Stops. Is it Transport NSW, bus operators, councils or others?

 

National Objective

 

The Human Rights Commission Document Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002” is a summary of national legislation set out in the Disability Standards for Accessible Public Transport (DSAPT) which affects all providers of bus infrastructure and all local governments. To date, Penrith City Council has been unable to receive clarification from Transport NSW, the Australian Human Rights Commission, or bus operators regarding these responsibilities.

 

Motion

 

That the Australian Local Government Association lobby all relevant state transport authorities and the Australian Human Rights Commission to confirm appropriate levels of responsibilities across the various agencies in respect of compliance with requirements for the upgrading of infrastructure associated with new and existing bus stops to meet the requirements of Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002” and the Disability Standards for Accessible Public Transport (DSAPT).

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2011 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions be received

2.     The Motions detailed in the report on ‘Financial assistance for ageing populations’, ‘Accessibility information for tourist accommodation’ and ‘Compliance with accessibility requirements for bus stops’ be submitted for inclusion in the 2011 Australian Local Government Association National General Assembly business paper.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                       Page

 

2        Proposed "Jordan Springs" Suburb Name in the St Marys Release Area

 

3        Adoption of the Draft Amendments to Chapter 6.11 - Glenmore Park Town Centre within the Development Control Plan 2006

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

 

 



Policy Review Committee Meeting

4 April 2011

A City of Opportunities

 

 

 

2

Proposed "Jordan Springs" Suburb Name in the St Marys Release Area   

 

Compiled by:               Robert Craig, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

A City with lifestyle and housing choice in our neighbourhoods (8)

Strategic Response

Encourage housing that provides choice, achieves design excellence, and meets community needs (8.1)

       

 

Executive Summary

Lend Lease has submitted to Council a proposal for a new suburb name, “Jordan Springs”, for the land contained in the Western Precinct of the St Marys Release Area. This land is currently contained in the suburb of Llandilo. Jordan Springs has been adopted as the estate name by Lend Lease and the estate is being marketed accordingly.

 

The purpose of the proposed suburb name change is to differentiate the future urban character of the Western Precinct from the existing rural character of Llandilo to the north. The Geographical Names Board (GNB) is the statutory authority responsible for the creation or amendment of address localities. Prior to considering a proposal to create or amend an address locality, the GNB requires concurrence from the applicable local Council.

 

The proposed suburb name of “Jordan Springs” is consistent with the GNB guidelines for determining address localities. In addition, the proposed suburb boundary is logical in that it is consistent with the extent of the Western Precinct. This report recommends that Council endorse the name “Jordan Springs” as the proposed suburb name for the area being developed in the Western Precinct and the proposed boundary of this new suburb.

 

Background

The St Marys Release Area forms part of the former St Marys ADI (Australian Defence Industries) site, with the balance of the site contained in the Blacktown local government area. The site was previously used as a munitions factory by the Commonwealth Government. The majority of the site munitions manufacturing operations ceased by 1994.

 

The Western Precinct of the St Marys Release Area is 229 hectares in area inclusive of the Xavier College site located at the north-western corner of the precinct fronting Ninth Avenue (Llandilo). The Western Precinct is bordered by Ninth Avenue and rural-residential development in Llandilo to the north, The Northern Road and residential development in Cranebrook to the west and regional parkland to the south and east. Refer to the Locality Plan at Appendix No. 1 for further details.

 

The Western Precinct is zoned entirely for urban purposes and is intended to accommodate primarily residential uses, with limited non-residential uses in the future village centre such as local retail and commercial uses. The estate is anticipated to comprise a maximum of 2,500 dwellings and a resident population of approximately 6,400. The estate developer is Maryland Development Company which is a joint venture company comprising St Marys Land Ltd (the landowner) and Lend Lease Development Pty Ltd.

 

Proposed “Jordan Springs” Suburb Name

Lend Lease has submitted to Council a proposal for a new suburb name, “Jordan Springs”, for the land contained in the Western Precinct. This land is currently contained in the suburb of Llandilo. Jordan Springs has been adopted as the estate name by Lend Lease and the estate is being marketed accordingly.

 

The proposed boundary of the Jordan Springs suburb is consistent with the Western Precinct boundary and is generally bordered by Ninth Avenue (Llandilo) to the north, The Northern Road (Cranebrook) to the west and regional parkland to the south and east. Refer to the Jordan Springs Suburb Boundary Plan at Appendix No. 2 for further details.

 

The Geographical Names Board (GNB), which forms part of the NSW Land and Property Management Authority, is the statutory authority responsible for the creation or amendment of address localities. Prior to considering a proposal to create or amend an address locality, the GNB requires concurrence from the applicable local Council.

 

The purpose of the proposed suburb name change is to differentiate the future urban character of the Western Precinct from the existing rural character of Llandilo. The word “Jordan” has historical ties to the site in that the conveyance of the land in 1887 from William Pitt Faithful to Henry Montague Faithful noted the site as “Jordan’s Hill”. The word “Springs” was chosen to represent a theme of water as the estate will feature three significant water bodies serving a stormwater management function.

 

Consultation Process

Lend Lease has undertaken community consultation in relation to the proposed suburb name through a series of focus groups and surveys. The results of this consultation were that a large majority of participants liked the word “Jordan” because of its historical significance and felt that “Jordan Springs” sounded aspirational.

 

The suburb name proposal was advertised in the Western Weekender on 15 October 2010 to seek community comment in relation to the proposal. The supporting documentation was publicly exhibited from 18 October to 2 November 2010 at the Penrith City Civic Centre, Penrith City Library, Council’s Queen Street Centre (St Marys) and St Marys Library. There were no public submissions received in relation to the proposal. It should be noted that at the time of the public exhibition period, the Western Precinct was in the sole ownership of St Marys Land Ltd.

 

Comment was sought from Australia Post regarding the proposal, particularly in relation to the proposed suburb boundary. No comments were received from Australia Post in relation to the proposal. Internal comments were also sought from key internal departments, including Rates, Property Development, City Planning and Customer Service. No objections were raised to the proposal as a result of this consultation.

 

GNB Guidelines

The proposed suburb name proposal has been assessed as follows in accordance with the GNB guidelines for determining address localities:

 

(a)  Does the proposed address locality represent a new community?

Yes. The locality is a new urban community which will be self-contained and will ultimately include a village centre, primary school, sports fields, parks and residential villages.

 

(b)  Does it have a unique character compared to surrounding areas?

Yes. The locality is a new urban community which will ultimately be distinguished from the existing rural character of Llandilo to the north.

 

(c)  Is there a significant change of land use?

Yes. The site was previously used as a munitions factory by the Commonwealth Government and prior to this was used for farming purposes. The new urban community represents a significant change of land use from these prior uses.

 

(d)  Is it isolated physically from the surrounding suburbs or localities?

Yes. The locality is bordered by Ninth Avenue and rural-residential development in Llandilo to the north, The Northern Road and residential development in Cranebrook to the west and regional parkland to the south and east.

 

(e)  What is the vehicular and pedestrian access?

The estate will ultimately be accessed via four separate vehicle access points off The Northern Road. There will also be separate vehicle access points off Ninth Avenue. The estate will be served by an extensive network of pedestrian and cycle paths providing internal and external links for the site.

 

(f)   There must be community acceptance by the residents and from the surrounding area as well as agreement by the local Council.

Lend Lease has undertaken community consultation in relation to the proposed suburb name. The results of this consultation were that a large majority of participants liked the word “Jordan” because of its historical significance and felt that “Jordan Springs” sounded aspirational.

 

The suburb name proposal was advertised by Council in the Western Weekender to seek community comment in relation to the proposal and no public submissions were received. Prospective and recent purchasers in the estate have an expectation that Jordan Springs will be adopted as the suburb name.

 

(g)  The name should comply with the GNB’s naming guidelines.

The name complies with the GNB’s naming guidelines in that it represents the site’s features, is easily pronounced, has historical significance and is not offensive or likely to cause offence.

 

In summary, the proposed suburb name of “Jordan Springs” is consistent with the GNB guidelines for determining address localities. In addition, the proposed suburb boundary is logical in that it is consistent with the extent of the Western Precinct.

 

It is recommended that Council endorse the name “Jordan Springs” as the proposed suburb name for the area being developed in the Western Precinct and the proposed boundary of this new suburb as detailed on the location plan at Appendix No. 2 to this report. Should Council concur with this recommendation, Lend Lease will proceed to lodge the proposal with the GNB for consideration. The GNB application process will include further public consultation with the local community.

 

In addition, it should be noted that the street name signs erected in the estate to date include references to the existing suburb name of Llandilo. Should gazettal of the “Jordan Springs” suburb be forthcoming, rectification will be required of any existing street name signs referencing Llandilo. It is recommended that Lend Lease meet the cost for this rectification.

 

Conclusion

The proposed suburb name of “Jordan Springs” is consistent with the Geographical Names Board (GNB) guidelines for determining address localities. In addition, the proposed suburb boundary is logical in that it is consistent with the extent of the Western Precinct. It is recommended that Council endorse the name “Jordan Springs” as the proposed suburb name for the area being developed in the Western Precinct and the proposed boundary of this new suburb.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed "Jordan Springs" Suburb Name in the St Marys Release Area be received

2.     Council endorse the name “Jordan Springs” as the proposed suburb name for the area being developed in the Western Precinct of the St Marys Release Area

3.     Council endorse the proposed boundary of the new “Jordan Springs” suburb as detailed on the plan at Appendix No. 2 to this report

4.     The Geographical Names Board be advised of Council’s decision regarding the proposed “Jordan Springs” suburb name and boundary

5.     A further report be provided to Council advising of the decision of the Geographical Names Board regarding the proposed “Jordan Springs” suburb name and boundary following public exhibition of the proposal

6.     The proponent meet the cost for rectification of existing street name signs referencing Llandilo should gazettal of the “Jordan Springs” suburb proceed

7.     The proponent be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

Jordan Springs Suburb Boundary Plan

1 Page

Appendix

  


Policy Review Committee Meeting

4 April 2011

Appendix 1 - Locality Plan

 

 

 


Policy Review Committee Meeting

4 April 2011

Appendix 2 - Jordan Springs Suburb Bonudary Plan

 

 

 


Policy Review Committee Meeting

4 April 2011

A City of Opportunities

 

 

 

3

Adoption of the Draft Amendments to Chapter 6.11 - Glenmore Park Town Centre within the Development Control Plan 2006    

 

Compiled by:               Pukar Pradhan, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

A City with a strong local economy and access to jobs (6)

Strategic Response

Facilitate a diverse economy, sustainable businesses and secure employment base (6.1)

      

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

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the adoption of amendments to Chapter 6.11 of the Penrith Development Control Plan 2006 – Glenmore Park Local Centre (DCP) to enable the redevelopment of the shopping centre beyond that identified in the existing DCP. The report addresses the public submissions received in response to the exhibition of the draft DCP (exhibited as draft Glenmore Park Local Centre) and outlines the current development proposal for expansion of the shopping centre which is subject of a development application.

There have been no changes made to the draft DCP as a consequence of the exhibition process and submissions received.  The DCP amendments provide a strategic response to the need for the Glenmore Park Town Centre to grow with the needs of the community. The report recommends that Council adopt the draft amendments to Chapter 6.11 of the DCP 2006 - Glenmore Park Local Centre.

Background

The previous owner of the Glenmore Park Shopping Centre AMP Capital Investors had lodged a Development Application on 11 August 2009 seeking to expand the existing shopping centre. The ability to assess the development application relied on the exiting DCP being amended to reflect the key principles of the proposal and the Town Centre.

 

The chapter in the Penrith DCP 2006 that relates to the Glenmore Park Town Centre needed to be amended and a new DCP chapter prepared in order to facilitate the proposed expansion to the existing shopping centre. The decision to amend a DCP rests with Council, although in this instance it had been prompted by the owners of the site advocating a new retail opportunity. On 19 October 2009 Council supported endorsement to publicly exhibit the draft amendment to Chapter 6.11 of the Penrith Glenmore Park Town Centre DCP. 

 

The State Government’s Draft North West Subregional Strategy has identified a hierarchy of centres for each Local Government Area. Each centre has been classified in the hierarchy based on their size and function. In descending order these include: Regional City; Specialised Centre; Major Centre; Town Centre; Villages; Small Villages; and Neighbourhood Centres. The Department of Planning has identified Glenmore Park as a Village. This is consistent with the Penrith Urban Study and draft Penrith Urban Strategy which has been endorsed by Council for Public Exhibition with Stage 2 Citywide LEP.

 

The Penrith Urban Study and draft Penrith Urban Strategy analysed Penrith's centres in accordance with the centres hierarchy identified by the state government. Glenmore Park was classified as a “Village” in Penrith City Centre’s Hierarchy Interim Policy which was adopted by Council 26 March 2007. The Penrith Urban Strategy investigated the centres hierarchy to reflect their future role and function to meet the dwelling target and projections. The revised hierarchy reaffirmed Glenmore Park as a “Village” now and until 2031.

 

The site has now been sold to Village Fair Glenmore Park P/L and they have now lodged a new development application on 20 December 2010 seeking a similar redevelopment to that of AMP. In order for the Joint Regional Planning Panel to determine this development application, the amendments to the DCP need to be adopted.

 

On 19 October 2009 a report (see Appendix No. 2) was presented to Council seeking Council’s endorsement to publicly exhibit the draft amendment to Chapter 6.11 of the Penrith Glenmore Park Town Centre DCP.  Council at the meeting resolved:

 

1.         The information contained in the report on Glenmore Park Shopping Centre - Draft DCP amendment to Glenmore Park Town Centre Chapter of the Penrith DCP 2006 be received.

2.         In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, the draft amendment to Penrith Development Control Plan 2006 Chapter 6 to incorporate planning controls relating to the Glenmore Park Town Centre as attached to this report, be publicly exhibited

3.         A further report is presented to Council following public exhibition of the draft Development Control Plan 2006 amendment, advising of the outcomes of exhibition and making further recommendations relating to the adoption of the draft DCP amendment.

4.         Local sporting groups be notified in writing of the Glenmore Park Shopping Centre - Draft DCP amendment to Glenmore Park Town Centre Chapter of the Penrith DCP 2006.

 

Comments:-

·    The information contained in the report was received by Council

·    Draft amendments to Chapter 6.11 of the DCP were publicly exhibited and advertised in the local newspaper from 18 November to 18 December 2009

·    This report is in response to above point 3 recommending adoption of the amended Chapter 6.11 of DCP 2006

·    The local sporting groups were notified by a letter dated 19 November 2009

 

It was thought that both the Draft DCP amendment and the development application could be dealt with concurrently. Due to site ownership changes, refinement of the proposal and the introduction of the Joint Regional Planning Panel, the timeframe for the Draft DCP has been delayed.

Draft amendments to Chapter 6.11 of the Penrith DCP 2006

Draft amendments to Chapter 6.11 of the Penrith DCP 2006 have been structured to integrate the principles of design outcome into the provisions that guide future development of the town centre of Glenmore Park.  They include controls for a range of matters like the urban design, Floor Space Ratio, traffic, landscaping, building setbacks, building heights and car parking and access control codes and design guidelines. 

 

The draft amendments to Penrith DCP 2006 apply only to the land that is earmarked for Glenmore Park Town Centre (Stages 1 & 2).  The map in figure 1 in the Appendix No. 1 shows the extent of these lands. The amended DCP Chapter is also attached as Appendix No. 3 with this report.

Public Exhibition

Draft amendments to Chapter 6.11 of the DCP were exhibited from 18 November to 18 December 2009. A public meeting was held on 9 December 2009 at the Glenmore Park Youth and Community Centre – Main Hall with the residents, Councillors, Council Staff and the applicant. The public meeting sought comments on both the Draft DCP and the proposed development application by AMP. Concerns raised in the meeting related to the development application and with respect to safe pedestrian access within the Town Square area and the traffic impact to the area. These will be considered at the time of the assessment of the development application.

 

There were two submissions received with respect to the Draft amendments to the DCP. One was on behalf of the applicant, supportive of the Draft DCP and seeking to workshop the form and content of a revised development application with Council, the applicant’s architect and consultants. This has occurred through a series of pre-lodgement and urban design panel meetings for the current application.

 

The other submission from a local resident raised concerns related to the east west spine road, traffic calming devices, the safety of pedestrians within this road and suggested this road should be closed for an integrated centre.

 

A fundamental principle of the Glenmore Park Town Centre DCP and Draft Amendments is an active main street. This can only be achieved through a combination of pedestrian and vehicular movements, however consideration of safety and accessibility is paramount to the assessment of the development application.

 

Next Steps

 

If Council adopts the proposed amendments to Chapter 6.11 of the Penrith DCP 2006, public notice of when the DCP changes take effect will be given in the local press and the amended DCP will be forwarded to the Director General of Planning in accordance with the Environmental Planning and Assessment Regulation 2000.

 

Proposed Development Application

 

The current proposal involves the expansion of Glenmore Park Town Centre - Stage 2 to include additional retail commercial area and additional parking spaces to cater for the extension of the shopping centre. The proposal consists of a Discount Department Store, a Supermarket, 25 specialty shops, 3 Restaurants, office premises and 3 levels of car parking. A new town square is proposed to be central to both the existing shopping complex in Stage 1 and the proposed new Stage 2 development.

 

In summary, the proposed development includes the following:

 

·    A Discount Department Store, supermarket, 25 specialty shops, 3 restaurants and 3 office premises;

·    973 car spaces over four levels including 22 accessible parking spaces;

·    A new Town Square connecting the existing and new stages of the shopping centre with main pedestrian entry points off the main street;

·    Main Delivery entrance/access for larger vehicles from the northern and western sides of the site from Glenmore Parkway

 

The development will increase the existing total retail and commercial floor space area from 7,969m2 to 22,056m2. Plans of the proposal are included as Attachment 4 (A3 copies will be provided to Councillors under separate cover).

 

Some of the key considerations with the current development applications are:

 

·    The design of the building,

·    The design of the area between the Community and Youth Centre and the proposed building,

·    Pedestrian connectivity, in particular across the main street, along and across Luttrell Street

·    Parking management during the construction phase,

·    Economic Impact.

 

The current development application has been reviewed by Council’s Urban Design Review Panel and is being assessed in conjunction with a number of Council departments including Traffic, Community Safety and Public Domain.

 

The application has been reported to the Sydney Regional Development Advisory Committee of the Roads and Traffic Authority. It has also been referred to Macroplan – economic consultants to undertake an independent review of the Economic Impact Assessment.

 

The design is currently being amended to respond to issues raised during the above assessment. The proposed development application will continue to be assessed in detail in view of the amended Chapter 6.11 of the DCP 2006. 

 

This application will be determined by Joint Regional Planning Panel (JRPP) as its construction cost is estimated to be over $35 million which is well over the threshold of $10 million. Councillors will be advised of the outcome of assessment and recommendation prior to the application being reported to the Joint Regional Planning Panel for determination.

Conclusion

The draft amendments to the DCP are the result of extensive consultation with the owner of the property, their consultants and the Glenmore Park community. The amendments to the DCP are aimed at identifying a range of urban design principles to be incorporated into any potential extension of the Shopping Centre within the Glenmore Park Town Centre site. They are consistent with the general direction of the maturing town centre, providing for the growth of Glenmore Park consumer needs whilst keeping the position of the centre in the existing retail hierarchy unchanged.

 

Once adopted, Penrith DCP 2006 will provide the statutory and design framework, around which the future development of the Glenmore Park Town Centre can be assessed against a range of requirements. The JRPP can examine the report and its recommendations and make their determination of the current development application following the adoption of this Draft DCP 2006. Councillors will be advised of the outcome of the assessment of this DA prior to it being reported to the JRPP.

 

In view of the above, it is recommended that the amendments to Chapter 6.11 of the DCP 2006 be adopted by Council.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Adoption of the Draft Amendments to Chapter 6.11 - Glenmore Park Town Centre within the Development Control Plan 2006 be received

2.     Council adopt the draft Amendments to Chapter 6.11 - Glenmore Park Town Centre within the Development Control Plan 2006

3.     In accordance with the Environmental Planning and Assessment Regulations 2000, Council give public notice of its decision in a local newspaper within 28 days, with the DCP coming into effect upon notification in the newspaper

4.     Council provide the Director-General with a copy of the plan, within 28 days of making a development control plan.

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan of Town Centre

1 Page

Appendix

2.  

Previous Council Report 19 October 2009

6 Pages

Appendix

3.  

Glenmore Park Local Centre Draft DCP

43 Pages

Appendix

4.  

Plans Glenmore Park Shopping Centre Extension Stage 2 - DA10/1305

10 Pages

Appendix

  


Policy Review Committee Meeting

4 April 2011

Appendix 1 - Locality Plan of Town Centre

 

 

 


Policy Review Committee Meeting

4 April 2011

Appendix 2 - Previous Council Report 19 October 2009

 

 

 







Policy Review Committee Meeting

4 April 2011

Appendix 3 - Glenmore Park Local Centre Draft DCP

 

 

 












































Policy Review Committee Meeting

4 April 2011

Appendix 4 - Plans Glenmore Park Shopping Centre Extension Stage 2 - DA10/1305

 

 

 










 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

A Green City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Liveable City

 

Item                                                                                                                                       Page

 

4        Personal Trainer and Commercial Fitness Group Draft Policy

 

 



Policy Review Committee Meeting

4 April 2011

A Liveable City

 

 

 

4

Personal Trainer and Commercial Fitness Group Draft Policy   

 

Compiled by:               Andrew Robinson, Recreation Manager

Authorised by:            Andrew Robinson, Recreation Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with active and healthy communities (19)

Strategic Response

Provide community facilities, and recreation and leisure programs, that encourage healthy activity (19.1)

       

 

Executive Summary

Council has identified through its Strategic Plan, Delivery Program and Operational Plan that Penrith is to be a City that promotes health and well being and has active and healthy communities.  One way that it has identified that this will be achieved is through the provision of facilities and recreation programs that encourage healthy activity.

 

Penrith City Council provides and maintains the following facilities that provide programs and opportunities that encourage participation in, and enhance enjoyment of, sport and recreation:

 

·    sports grounds

·    indoor sports facilities

·    aquatic facilities

·    tennis courts

·    Penrith Whitewater Stadium

 

It is estimated that there are over 1,000,000 attendances annually at these facilities. In the case of sports grounds, it is estimated that there are an average of 30,000 users per week during the peak of the winter sporting season. 

 

Other local providers of recreation facilities include education establishments, voluntary and professional clubs, neighbouring councils, and increasingly, commercial providers e.g. personal trainers, fitness gyms and learn to swim centres.  It is in response to the increasing number of commercial personal trainers and commercial fitness group providers utilising public open space that a Personal Trainer and Commercial Fitness Group Policy (attached) has been developed.

 

Use of public open space for personal trainer fitness endeavours is fully supported as fitness training meets a growing community demand and supports the City’s health objectives. The Personal Trainer and Commercial Fitness Group policy, which was presented previously to a Councillor Briefing, has been developed to support personal training and to provide for the effective management of the regular commercial use of open space by personal trainers and commercial fitness groups; plan and coordinate the provision and maintenance of open space; manage the potential impact on the grounds; ensure equitable use of open space by all user groups; and to minimise the impact on surrounding residents and the general public’s use of open space.

 

This report recommends:

-        The draft Personal Trainer and Commercial Fitness Group Policy be placed on public exhibition between 11 April – 16 May 2011;

-        Proposed fees and charges for use of sportsgrounds and reserves by Personal Fitness Trainers and Commercial Fitness Groups be exhibited as part of Council’s public exhibition of its 2011 – 2012 Fees and Charges;

-        A further report be presented to Council providing details of the public exhibition and fees and charges outcomes.

 

Introduction

Personal trainers generally demonstrate various exercises and help clients improve their exercise techniques. Due to the more interpersonal contact between a trainer and a client, versus a general gym setting, a personal trainer is more readily able to provide motivation and support to an individual in an exercise program, in addition to proper technical instruction. Personal trainers can offer a number of different services to clients including, as examples: individual (one on one) training sessions, group training, boxing and kick boxing classes and boot camp style training.

 

Fitness Australia is the representative body for the fitness industry in Australia, responsible for establishing standards within the industry and ensuring its long term viability. It is the organisation through which government and other industries communicate with the fitness industry. Fitness NSW is the peak body for the fitness industry in NSW and is recognised by the NSW and Federal Governments. Fitness NSW administers the national fitness professional registration program on behalf of Fitness Australia. Fitness NSW provides public liability and professional indemnity insurance cover for all registered fitness professionals within NSW.

 

Personal fitness training is one of the fastest growing segments in the fitness industry and, as a result, there has been a substantial increase in the use of public open space by personal trainers and commercial fitness groups. Increasing numbers of personal trainers and commercial fitness groups using Council open space have raised a number of issues including:

 

·          equity of access issues – fees and charges, potential conflict with regular users, and operational management;

·          impacts on assets – trainers, especially trainers of large groups, can cause similar wear and tear to that of sporting clubs/organisations. Some activities cause additional damage to park infrastructure such as benches;

·          facility management – scheduling of regular, seasonal and reactive maintenance;

·          public liability concerns – concerns over trainers with insufficient qualifications and insurance.

 

Regulating the use of public open space through the implementation of a Personal Trainer and Commercial Fitness Group policy aims to ensure equity of access to open space, manage the impact on assets and minimise public liability concerns.

Current Situation

Existing Personal Trainer Use

At present, Council has 15 personal trainers listed who have sought approval to use Council’s parks, reserves and sports grounds. The current approval process involves personal trainers filling out an Application for Casual Hire and Use of Sporting Fields / Public Reserves form and providing copies of their training qualifications and public liability insurance. Personal trainers are currently not being charged for the use of Council’s parks, reserves and sports grounds. The Recreation Department regularly receives phone calls from personal trainers enquiring as to the process to gain permission to use Council’s parks, reserves and sports grounds for training activities and the associated costs.

 

Policy Development

In developing a draft Personal Trainer and Commercial Fitness Group Policy, it is acknowledged that exercise is a perfectly legitimate activity in a public open space area and that Council, like most government authorities, actively promotes the benefits of healthy outdoor activities.

 

It is also recognised that:

 

-        Council’s Community Strategic Plan 2031 identifies that an objective is – ‘Our

public spaces encourage safe and healthy communities’ with the outcome that ‘Penrith is a City with active and healthy communities’;

 

-        Council has developed a Health Strategy promoting a range of activities to increase

          the health and well being of residents in the LGA;

 

-        The Penrith Business Alliance has recently been successful in securing funding from the State Government for Penrith to be a health and wellness city.

 

Therefore, development of the policy seeks to make provision to continue to promote equitable access to health and well being opportunities while balancing the fact that personal trainers are commercial businesses generating income from utilising public facilities.

 

Research

 

The draft policy has been developed after attending a Parks and Leisure Association Workshop “Commercial Use of Open Space”, researching the Personal Trainer and Commercial Fitness Group policies of 18 councils in the inner and outer suburbs of Sydney, consulting with personal trainers, reviewing best practice information for local governments produced by Fitness Australia and by consulting with Council’s Parks Manager, Parks Co-ordinator, Co-ordinator - Ranger Services and Risk Co-ordinator.

 

The research has revealed that policies which have been adopted by other councils to regulate the use of public parks and open space by personal trainers and commercial fitness groups contain the following information:

 

·    permissible times in which activities can take place

·    the maximum number of participants allowed in group activities

·    permissible and non permissible locations

·    prohibited activities

·    the number of sessions allowed per week

·    general conditions of use.

 

The majority of councils researched issue permits allowing personal trainers access to use most sporting fields, parks or reserves in their local government area while indicating which areas are prohibited from use. Only two councils researched require personal trainers to submit an application for use of a specific park or sporting field and issue permits indicating which park or field the personal trainer is permitted to use. Most councils issue permits to personal trainers and commercial fitness groups on a non-exclusive facility use basis.

 

The fee structure adopted and the amount charged under a personal trainer and commercial fitness group policy varies greatly across the different councils whose polices were researched. The majority of councils have adopted a fee structure in which the fees charged are dependant on the number of group participants and paid either on a monthly or annual basis. Other fees and charges structures are dependent on the number of group participants as well as the number of sessions per week and are charged on a monthly, seasonal or annual basis.

 

Two of the councils researched have developed a fee structure where personal trainers are charged a fee depending on the location (defined by a zone or category) and by the number of clients and sessions per week. Some have taken a more simplified approach charging a flat rate per season or per annum. In addition to charging a permit/licence fee, it has been indicated that a number of councils also charge a one-off application fee.

 

Draft Penrith City Council Personal Trainer Policy

a)       Conditions of Use

The proposed draft policy for Penrith City Council has been developed in line with other councils’ personal trainer policies and contains the following information:

 

·    permissible times in which activities can take place

·    maximum number of participants in a group

·    permissible and Prohibited Activities

·    exclusion areas

·    eligibility criteria

·    general conditions of use.

 

As is implemented by other councils, it is proposed that permits be issued on a non-exclusive use basis. Permits for the use of sports grounds will also take into consideration the Hire of Playing Fields terms and conditions. Each individual personal trainer requires their own individual personalised permit. The proposed policy is attached to this report.

 

The policy applies to parks, public open space, cycleways, footpaths and shared pathways within parks and open space within the Penrith Local Government Area. Council may nominate other areas during the life of this policy as it sees fit, or may remove areas previously identified as training sites. Use of areas such as swimming centres and tennis courts will be considered in accordance with the operating requirements of those facilities.  Fees and Charges relevant to those facilities will apply.  Terms and conditions of this policy may be applied to any applications and subsequent approval for use of these facilities.

 

b)      Fees and Charges

There are a number of fees and charges that currently exist for club or association use of sports grounds and these are based on a hire for seven days a week, for one season only (26 weeks). 

 

At this stage, it is proposed that Council adopt a simplified fee structure for personal trainers and commercial fitness groups. It is proposed that there will be a one-off application/permit fee of $120. The application/permit fee will be based on recovery of costs for administration and management of the permit. In addition to the ‘one off’ application fee, there is a proposed facility hire charge in the draft fees and charges. This facility hire charge identifies a 6 monthly fee in line with sports clubs or associations’ seasonal hire period. The proposed fee in the draft fees and charges is $200 for a 6 month non-exclusive use hire period which is half of the fee that a sports club will pay for a non-floodlit pitch per season. The sum of $200 recognises the commercial elements of the fitness operations balanced against considerations such as the fact that personal trainers and commercial fitness groups are not utilising full pitches, floodlights, amenities/canteens/and changing facilities and do not have exclusive use of parks. 

 

At the time of conducting the research into fees and charges for commercial fitness training in other councils, the proposed fee structure for operating in the Penrith LGA was between $200 and $2000 cheaper than the fee in the surrounding areas of Blacktown City Council, Blue Mountains City Council, Hawkesbury City Council, Parramatta City Council and the Hills Shire Council. The fee of $200 would be slightly more than Liverpool City Council which was $165 at the time of the research.

 

c)       Risk Management

From a risk management perspective, the proposed policy ensures that commercial fitness groups and personal trainers operating in the Penrith Local Government Area hold the appropriate qualifications and insurances as recommended by the key fitness training industry body Fitness Australia.

 

Conclusion

Personal fitness training is one of the strongest growing segments in the Fitness Industry.

 

Regulating the use of public open space through the implementation of a Personal Trainer and Commercial Fitness Group policy aims to ensure equity of access to open space, manage the impact on assets and minimise public liability concerns.

 

Subject to Council’s approval, it is proposed that the draft policy be placed on public exhibition from 11 April 2011 until 16 May 2011. During this period, the policy will also be sent directly to personal trainers who are currently operating in the City, other sportsground users and the Penrith Valley Sports Foundation. Dependent on the outcomes of the public exhibition, it is the intention that the policy will be implemented in full starting from July 2011.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Personal Trainer and Commercial Fitness Group Draft Policy be received.

2.     The draft Personal Trainer and Commercial Fitness Group Policy be placed on public exhibition between 11 April – 16 May 2011.

3.     The proposed fees and charges for use of sportsgrounds and reserves by Personal Fitness Trainers and Commercial Fitness Groups be exhibited as part of Council’s public exhibition of it’s 2011 – 2012 Fees and Charges.

4.     A further report be presented to Council providing details of the public exhibition of the draft Policy and of the fees and charges outcomes.

 

ATTACHMENTS/APPENDICES

1.  

Personal Trainer and Commercial Fitness Groups Policy and Guidelines

9 Pages

Appendix

  


Policy Review Committee Meeting

4 April 2011

Appendix 1 - Personal Trainer and Commercial Fitness Groups Policy and Guidelines

 

 

 

 

 


CONTENTS

 

1. INTRODUCTION                                                                                   Page 3

 

2. AIM                                                                                                        Page 3

 

3. AREA TO WHICH THE POLICY APPLIES                                            Page 3

 

4. EXCLUSION ZONES                                                                             Page 3

 

5. PERMISSABLE FITNESS ACTIVITIES                                                 Page 5

 

6. PROHIBITED ACTIVITIES                                                                    Page 5

 

7. EXEMPT ACTIVITES/GROUPS                                                             Page 5

 

8. GROUP SIZES                                                                                      Page 6 

 

9. HOURS OF OPERATION                                                                      Page 6

 

10. ELIGIBLITY CRITERIA                                                                       Page 6

 

11. PERMIT ALLOCATION                                                                       Page 7

 

12. PERMIT FEES                                                                                     Page 7

 

13. LEGISLATION                                                                                    Page 7

 

14. INDUSTRY COMPLIANCE                                                                  Page 7

 

15. NOISE/DISTURBANCE                                                                       Page 7

 

16. RISK MANAGEMENT                                                                         Page 7

 

17. OTHER GENERAL PROVISIONS                                                       Page 8

 

18. PENALTIES AND ENFORCEMENT ACTION                                      Page 9

 

19. TERMINATION                                                                                    Page 9

 

 

LIST OF ATTACHMENTS

 

I. PERMIT APPLICATION FORM

 

 

 


1. INTRODUCTION

 

Penrith City Council plays a key role in providing recreational opportunities and the supporting infrastructure on public land that encourages physical activity among the community.

 

In addition to Council’s provision, there is an increasing demand for commercial fitness trainers to provide assistance in enhancing public health and well-being. In supporting the use of public open space for such fitness endeavours, Council recognises the need to plan and coordinate for the provision and maintenance of open space to limit the potential impact of activities and ensure equitable use of open space.

 

As a growing segment in the Fitness Industry, the use of public open space for personal trainers and commercial fitness groups highlights a number of issues including:

 

·      Equity of access – potential conflict with regular users, management of demand, exploitation of public land by commercial operators.

·      Impact on the asset – trainers, especially trainers of large groups, are causing similar wear and-tear to larger sporting organisations.

·      Facility management – scheduling of regular, seasonal and reactive maintenance.

·      Public liability concerns – concerns over trainers with insufficient qualifications or insurance.

2. AIM

 

The purpose of this policy is to provide for the effective management of the regular commercial use of open space by personal trainers and commercial fitness groups and to minimise the impact on surrounding residents and the general public’s use of open space whilst recognising the increased community demand for commercial fitness activities in open space.

 

Through the implementation of this policy, Council aims to:

 

a)   Ensure equity of access to open space

b)   Manage the impact on  assets

c)   Minimise Public Liability concerns.

 

3. AREA TO WHICH THE POLICY APPLIES

 

This policy applies to parks, public open space, cycleway, footpaths and shared pathways within parks and open space within the Penrith Local Government Area. 

 

Council approved Trainers must only operate in approved areas.

 

Clubs and sporting groups who utilise the Council facility have priority placement for bookings.

 

4. EXCLUSION ZONES

 

Personal Training and Commercial fitness group activities are not permitted within or on the following areas:

 

·      Areas of cultural or natural significance

·      Cemeteries

·      Within a 20m radius of any memorials

·      Within a 20m radius of any picnic sheds or benches

·      Within a 20m radius of any playgrounds or play equipment

·      Within a 20m radius of any public change room, toilet or kiosk areas

·      Roadways (including roadside footpaths and on-road cycle ways).

 

The following parks/reserves are also excluded for use by Personal Trainers and Commercial Fitness Groups:

 

Park

Location

Section of park

Victoria Park

Great Western Highway, ST MARYS

All

Memory Park

High Street, PENRITH

All

Woodriff Gardens

Great Western Highway, PENRITH

All

Weir Reserve

Bruce Neale Drive, PENRITH

Wedding area – north of toilets

Penrith Park

Mulgoa Road, PENRITH

All including Howell Oval

Emu Park

Great Western Highway, EMU PLAINS

Dukes Oval and Darcy Smith Oval

Cook Park

Wilson Street, ST MARYS

Cricket/AFL field

Rance Oval

Victoria Street, WERRINGTON

All

Shaw Park

Herbert Street, CAMBRIDGE PARK

All

Parker St Reserve

The Northern Road, PENRITH

Athletics Track

South Creek Park

Creek Road, ST MARYS

Blair Oval Athletics Track & BMX Track

Harry Lawler Park

Kendall Street, PENRITH

All

Red Cross Anniversary Park

Great Western Highway, KINGSWOOD

All

Bushland, bushland reserves, bushland rehabilitation sites, no-mow areas

Various location throughout City

All

Off-leash dog areas – fenced or unfenced

Various locations

All

Baseball and softball fields

Various location

Diamond and in-field area

All parks, reserves and open space areas

Various location throughout City

Within 30m from the boundary of residential properties adjoining parks, reserves and open space areas

 

Use of areas such as swimming centres and tennis courts will be considered in accordance with the operating requirements of those facilities. Fees and charges relevant to those facilities will apply.

 

Council may nominate other exclusion zones during the life of this policy.

 

Council does not warrant that any public open space is suitable for the conduct of personal training or any other purpose. The permit holder must take steps to ensure that the area to be used is suitable for the intended purpose.

 

Council will not issue keys for toilet blocks or gates.

 

5. PERMISSIBLE FITNESS ACTIVITIES 

 

Commercial fitness training activities are limited to the normal activities of a registered personal trainer/instructor, which would include but not be limited to:

 

·      Gym sessions (with or without weights, fit balls, skipping ropes etc)

·      Boxing and pad training

·      Organised aerobic activity

·      Yoga, Tai Chi and Pilates classes and like activities

·      Circuit training

·      Walking and running.

 

6. PROHIBITED ACTIVITES

 

The following activities within public open space are prohibited under this policy:

 

·      Any activity that is deemed to be aggressive or intimidating in nature whether real or perceived by participants or the general public, including Boot Camp style training.

·      Fitness activities that drag equipment across the ground.

·      Outdoor recreational activities conducted with amplified music or megaphones which cause offensive noise as defined by the Protection of the Environment Operations Act 1997.

·      Soliciting of funds directly from park visitors or the public.

·      Erection of advertising signs and banners without Council’s written consent.

·      Erection of signs, stakes, rope or tape.

·      Suspending boxing or kicking boxing bags or any other equipment from trees and/or structures in the reserves.

·      The inappropriate use of trees, seating, picnic tables, rotundas and other park infrastructure.

This list is not exhaustive and is at Council’s discretion.

 

7. EXEMPT ACTIVITES/GROUPS

 

This policy does not apply to the following groups and activities:

 

·      Not-for-profit individual or small group exercise (e.g. Tai-Chi or Meditative Yoga).

·      Not-for-profit walking, jogging or cycling groups.

·      Community training groups (where no participation fees are charged).

·      Local Sports Clubs.

·      Local Schools (recreation activities performed under the supervision of a Teacher).

·      Defence Force activities including but not exclusive to training drills, Army Reserves and exercise regimes, with prior approval from Council.

 

Any significant, organised activities which these groups may wish to conduct on a public reserve, however, would be subject to Penrith City Council’s Conditions of Casual Hire and Use of Sporting Facility/Public Reserves.

 

8. GROUP SIZES

 

·      This policy can apply to one on one sessions and/or group activities

·      Maximum number of persons per group permitted is 18 (as set by Fitness Australia)

·      Council holds the right to specify in the approval notice group sizes and the number of groups to be operating at any one time.

 

9. HOURS OF OPERATION

 

Permit holders are permitted to operate during the following periods:

 

a)   Monday to Saturday between 6am and 7.30pm (day light savings)

b)   Monday to Saturday between 6am and 5.30pm (non day light savings)

c)   Sunday between 7am until 7.30pm (day light savings)

d)   Sunday between 7am and 5.30pm (non daylight savings).

 

When conducting activities beyond daylight hours, Commercial Fitness trainers must monitor and control Risks to participants and ensure public safety is not impacted by their activities.

 

Failure to operate within these specified times will be dealt with in accordance with the Termination clause outlined in a permit Agreement.

 

10. ELIGIBLITY CRITERIA

 

An application for a permit must be made by individual fitness trainers, the permit will be issued in their name. Permits will not be available to companies or organisations for allocation to employees. Permits may not be transferred.

 

The following criteria must be met and evidence submitted to Council, to be eligible for consideration of a permit:

 

a)   Approved qualifications endorsed by Fitness Australia and/or VETAB providers such as TAFE, Universities and Nationally Recognised Training institutions/colleges

b)   A current Senior First Aid Certificate

c)   Proof of being a current registered professional with Fitness Australia or the relevant peak body; and

d)   Current Public Liability Insurance (certificate of currency) to a minimum of $10 million and Professional Indemnity Insurance for the life of the permit.

 

The following criteria must also be met by Trainers who carry out Children’s Fitness Training activities:

 

a)   Complete a Working with Children Check or provide a copy of their Blue Card.

b)   Provide a copy of certification in having completed accredited courses specific to Children’s Fitness Training.

 

11. PERMIT ALLOCATION

 

A permit will be valid for one-year and will authorise each trainer to use public open space for commercial fitness training activities in accordance with this policy on a non-exclusive basis.

 

Council officers will determine the number of permits to be issued.

 

12. PERMIT FEES

 

A ‘one off’ application fee and an annual permit fee is applicable under this policy.  

 

Fees associated with a Personal Trainer & Commercial Fitness Groups permit will be in accordance with Council’s Fees and Charges and are available on Council’s website www.penrithcity.nsw.gov.au.

 

13. LEGISLATION

 

Management of the use of public open space within the Penrith Local Government Area is regulated by the Local Government Act 1993 and Crown Lands Act 1989, and is subject to Council’s Plans of Management.

 

14. INDUSTRY COMPLIANCE

 

All commercial fitness activities must be undertaken in accordance with the recommendations of Fitness Australia (i.e. currently the size of fitness training groups is limited to 18 participants per instructor where participants are undertaking the same activity and six participants per instructor where participants are undertaking different activities).

 

Personal Trainers and Commercial Fitness group operators must always conduct themselves in accordance with the Fitness Australia Code of Conduct in a proper and orderly manner.

 

15. NOISE/DISTURBANCE

 

Under this policy and the allocation of a permit Agreement, commercial fitness training activity operators must:

 

·      be considerate to other reserve users and adjacent residents

·      not create any noise from training activities that unreasonably disturbs other users and adjacent residents

·      ensure that all noise associated with their activities does not cause offensive noise as defined by the Protection of the Environment Operations Act 1997

·      ensure that any exercise equipment used does not create any hazards or obstruction

·      ensure that any training group for which they are responsible, runs in single file when running in narrow areas (i.e. along footpaths, stairways and cycleways), and always give way to pedestrians/cyclists using those areas.

 

16. RISK MANAGEMENT

 

Permit holders must, prior to commencing commercial fitness training activities, inspect the immediate area to ensure no hazards are evident and take appropriate action to remove those hazards or alternatively move the training site and, without undue delay, report to Council the hazard or any other hazardous matters observed during the training that may require Council’s attention.

 

17. GENERAL PROVISIONS

 

Any personal or commercial fitness trainer operating under a permit approved by Penrith City Council must:

 

1)     Provide only activities for which they are suitably qualified and have been approved by Council.

2)     Manage the activities to minimise wear and tear on grassed areas (this includes rotating within the designated area and/or alternating activities) and not conducting fitness activities that drag equipment across the ground.

3)     Comply with all reasonable directions of Council Rangers or other authorised Council Officers.

4)     Ensure all hazards are made safe and reported to Council immediately.

5)     Not sublet or assign their rights under this agreement or attempt in any other manner to transfer their rights under the permit to any other person.

6)     Always conduct themselves in a proper and orderly manner and be considerate to other users and adjacent residents when conducting training in public Open Space.

7)     Ensure the training area is restored to the same condition it was at the commencement of the training.

8)     Not sell clothing or equipment or refreshments or any other good, service or product at the reserve etc.

9)     Not display any unauthorised advertising signage including banners or unauthorised ‘A’ frame signs on Council’s public reserves.

10)   Not interfere with any Council approved or booked activity including, but not limited to a wedding, birthday party, corporate BBQ, sport or sporting activity that is being carried out on any oval or reserve or part thereof and the trainer acknowledges that such a booking has priority over the trainer’s use.

11)   Take responsibility for satisfying all occupational health and safety legislation and regulations.

12)   Ensure all fees and levies required by WorkCover or any other public body or statutory authorities are paid.

13)   Indemnify and hold the Council harmless from and against all damages, sums of money, costs, charges, expenses, actions, claims and demands, which may be sustained or suffered or recovered or made against the Council by any person for any loss of life or injury or damage any person may sustain during the conduct of a training session.

14)   Take out and maintain in their name, for the duration of the term of the permit, approved public liability insurance for a minimum of $10 million and produce documentary evidence of this at the time of application.

15)   Agree that, not withstanding an implication or rule of law to the contrary, the Council shall not be liable for any damage or loss that the trainer and their clients may suffer by the act, default or neglect of any other person or by reason of Council failing to do something on or to the public space being used.

16)   Not store fitness equipment in any Council building or on public open space. The erection of fixed structures for the storage of fitness equipment is not permitted.

17)   Must observe the closing of open space areas due to wet weather and maintenance. During periods of wet weather the trainer is responsible for calling Council’s Ground Closure Information Line (4732 8017) or viewing Council’s website to determine whether parks have been closed. No activity is permitted if grounds are closed.

18)   Not drive or park any vehicle on parks, open space or footpaths.

 

Council will accept no responsibility or liability for any interruption to business caused by the need for Council or any other Authority to carry out any special event or type of maintenance works on the approved public open space site, inclement weather or any other interruption to business howsoever caused.

 

Council does not, and will not accept liability for any debts incurred by the trainer. Council shall not be in any way responsible for any property of a trainer or any other person that may be left on the land or for any loss of any such property by theft or otherwise.

.

Council will not issue keys for toilets or gates.

 

18. PENALTIES AND ENFORCEMENT ACTION

 

Should a commercial fitness training operator be using public open space on a regular basis for activities without Council approval and permit, Council Rangers will be able to undertake enforcement action in accordance with the Local Government Act 1993.

 

A person who fails to comply with terms of any notice erected by Council is guilty of an offence pursuant to section 632 of the Local Government Act 1993. Council officers and rangers will enforce penalties on any person who fails to comply with any notice.

 

19. TERMINATION

 

Council reserves the right to a cancel a permit without notice if in its sole opinion it has determined that the personal or fitness trainer has failed to comply with the reasonable direction of its officers or has breached, contravened or otherwise failed to comply with any term or condition of this approval.

 

A trainer whose permit has been cancelled can appeal in writing to the General Manager stating the reason for appeal.

 

No permit fee will be refundable if the agreement was terminated by the Council arising out of a breach of a permit.

 


 

 

 

 

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A Vibrant City

 

Item                                                                                                                                       Page

 

5        Penrith and St Marys Centres Management Review

 

 



Policy Review Committee Meeting

4 April 2011

A Vibrant City

 

 

 

5

Penrith and St Marys Centres Management Review   

 

Compiled by:               Terry Agar, Acting Centres Co-ordinator

Authorised by:            Craig Butler, Director   

 

Objective

We play an active role in our communities

Community Outcome

A City with opportunities to engage, participate and connect (23)

Strategic Response

Enhance community strengths and capacity by supporting collaborative networks and partnerships (23.1)

       

 

Executive Summary

Council recently considered a report on the proposed review of the management of the Penrith and St Marys centres at its meeting on 14 March 2011 and resolved to defer a decision on its recommendations.  The deferral was in response to the Penrith City Centre Association’s (PCCA) request for more time to consider the terms of the study brief and legal advice they had received before committing to the funding of the management review.

 

Since that time considerable discussion has occurred with the PCCA.

 

This report outlines the PCCA’s requested changes to the study brief and recommends that the changes supported by Council officers in this report be included in the consultant study brief. Furthermore, the report recommends that, subject to the PCCA approving the release of its share of funds, the review be funded equally by PCCA, St Marys Town Centre Association and Council.

 

Background

Council recently considered a report on the proposed review of the management of the Penrith and St Marys centres at its meeting on 14 March 2011.  The President of the Penrith City Centre Association (PCCA), Owen Rogers, addressed that meeting and requested that Council defer consideration of the matter for a number of reasons.  Specifically, he cited the need for more time for the PCCA management committee to consider the terms of the study brief and legal advice they had received before committing to the funding of the management review.

 

Council resolved to defer consideration of the matter until 4 April 2011 on the understanding that the PCCA would quickly provide feedback on the study brief and legal advice as well as an indication Mr Rogers gave of the PCCA’s willingness to contribute to the funding of the review.  A number of requests for changes to the study brief have been received and considered by Council officers.  At this stage, based on the PCCA’s legal advice, as described to Council’s officers, there appears to be no impediment to the PCCA participating and financially contributing to the Penrith and St Marys Centres Management Review.

 


Study Brief Changes

 

An outline of the scope and objectives of the review as described in the 14 March 2011 report to Council is appended to this report.  The changes requested by the PCCA are described below in accordance with the relevant section of the consultant brief.

 

Study Objectives

 

Four new study objectives have been suggested for inclusion in the review brief.  They are:

 

·   To identify the current activities of the Council and the Associations in the centres

·   To review the area of influence, current resources and areas of responsibility of Penrith City Council ( as applied to the centres) and the Penrith City Centre Association and the St Marys Town Centre Association.

·   To compare and contrast contemporary centre management structures

·   Clarify the management options available to deliver the adopted Penrith and St Marys Centres Strategies.

 

The proposed changes to the objectives of the brief do not alter the intent of the review and are supported by Council’s officers.

 

Study Process and Responsibilities

 

The concept of the Associations and Council being considered as review partners has been introduced.  This has lead to the inclusion of the following responsibilities for the Review Partners:

 

·   Appointing the consultant

·   Appointing the independent Reference Group member

·   Providing strategic input into the process

·   Reviewing the final report and providing advice to Council to inform its decisions concerning the future management of the centres.

 

The suggested changes are considered to be acceptable as they make all parties accountable for the selection of the consultant and independent Reference Group member.  This is more likely to engender support for the findings of the consultant and the study process in general.  These proposed changes are supported by Council’s officers.

 

Study Tasks-Consultation

 

A proposal for three small changes to the consultation process is suggested: 

 

·   One briefing of the Councillors on the draft findings and recommendations of the consultant’s review is included. 

·   Two briefings of the Review Partners, one at a mid-point and the other at the completion of the Review. 

·   Written submissions from key stakeholders are to be considered by the consultant during the review process.

 

It was requested that Reference Group meetings only be held when all members of the Reference Group are available. This request was considered to be impractical by Council’s officers, so an alternative was brokered to ensure that the Review Partners were available for Reference Group meetings.  Council’s officers support the inclusion in the brief of a note that Reference Group meetings will only be held when the Review Partners and the consultant are available. However, if a meeting date is agreed to by the Review Partners and they do not attend, the meeting will proceed as planned.

 

It is recommended that these suggested changes to the consultation process be accepted by Council to define and clarify aspects of the brief that were considered to be important to the PCCA.

 

Study Tasks-Performance Assessment

 

Changes to the performance assessment have been suggested which in the view of Council’s officers narrows the measurement of the current centres management regime. The following performance measures are now proposed with Council’s officer insertions (italicised) to broaden the assessment:

“Quantitative and qualitative measures of the resources, expenditure and outcomes of the Review Partners, as applicable to the centres, are required to support the assessment findings.”

 

It is recommended that these suggested changes to the performance assessment task of the review brief be accepted by Council to ensure that the performance measurement of the current centres management regime is soundly based and able to be compared with other contemporary models for centre management.

 

St Marys Town Centre Association’s View

 

The St Marys Town Centre Association was also advised of the proposed changes to the brief.  The changes were generally acceptable as they do not change the scope or intent of the review.  The Association re-stated its desire for the review to commence as soon as possible.

 

Study Funding

 

As previously described in the Policy and Review Report of 14 March 2011, the review is now proposed to be to be funded by an equal contribution of $12,000 from each Association and Council.  The St Marys Town Centre Association has already paid Council $12,000 and is keen for the review to commence.  The Chairman of the PCCA has indicated that subject to Council’s acceptance of the changes requested by the PCCA as outlined in this report, he is prepared to recommend to his PCCA committee members, at its 7 April 2011 meeting, that it contributes $12,000 to the review.

 

Conclusion

 

The PCCA have requested a range of changes to the Penrith and St Marys centres management review consultant brief.  On balance, the changes are considered to be generally acceptable. The St Marys and Penrith centres are strategically important to the City from a social and economic perspective.  The review’s purpose is to ensure that contemporary, best practice, marketing, management and business stimulus initiatives are pursued and the centres are best placed to respond to future growth.  The brief secures agreement and commitment from the three groups (Council and the two Associations) to contribute their expertise to a thoughtful and expert independent review of the best means by which to manage and take forward the St Marys and Penrith Centres, in the interests of the City.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith and St Marys Centres Management Review be received

2.     The Penrith and St Marys Centres’ Management Review consultant brief incorporate the changes outlined in the report

3.     The review be funded in accordance with the proposal outlined in the report

 

ATTACHMENTS/APPENDICES

1.  

Penrith and St Marys Management Review Outline

2 Pages

Appendix

  


Policy Review Committee Meeting

4 April 2011

Appendix 1 - Penrith and St Marys Management Review Outline

 

 

 

Outline of Centres Management Review Brief

 

The following is an outline of the Penrith and St Marys Centres Management Review Brief that was included in the Policy and Review Committee Report of 14 March 2011.

Study Scope

The Study will review the management arrangements for the Penrith and St Marys centres and make recommendations for the further development and implementation of a contemporary management regime that achieves effective, “best value” outcomes which promotes the centres ongoing vitality and viability. 

 

Study Objectives

The Study will meet the following objectives:

 

·      To engage with all relevant stakeholders in the review of the centres’ management;

·      To review the performance of the current centres’ management model in comparison to other contemporary centre management structures;

·      Clarify the best alignment with the key stakeholder groups and the means of delivering the adopted Penrith and St Marys centre strategies;

·      To review the area of influence, return on investment, current resources and areas of responsibility of the centres’ Associations;

·      To identify opportunities to enhance the relationships, administrative links and communication between Council and the centres’ management entities.

The review will involve wide ranging consultation with relevant stakeholders and briefings of Councillors and senior management on its progress and findings.  Effective contemporary models for centre management will be researched and a comparison made with the current centres management arrangements. The review will investigate whether or not the expectations of property owners, business and the community are currently being met. The adequacy of the resources currently applied for the promotion and management of the centres will also be assessed and the current management regime compared with other identified centre models. A recommendation will be made by the review consultant on the type of management model that best addresses the performance and resources issues of the centres and a practical program for implementing change, where required, will be put forward.

 

Reference Group

The Study process will involve consultation with key stakeholders in a Reference Group.  The consultant will draw upon the experience of relevant stakeholders during the study process.  The Reference Group will comprise representation from the following entities:

 

·    Penrith City Centre Association (PCCA)

·    St Marys Town Centre Association (SMTCA)

·    Penrith Valley Chamber of Commerce

·    Penrith City Council

·    Penrith Business Alliance

·    An independent person with an academic/public administration background