24 May 2013

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 27 May 2013 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 29 April 2013.

 

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 COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 10 April 2013.

Local Traffic Committee Meeting - 6 May 2013.

Policy Review Committee Meeting - 13 May 2013.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 27 May 2013

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Mark Davies

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers

Group Managers                          

         
           

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



Council_Mark_POS_RGB2013 MEETING CALENDAR

January 2013 - December 2013

(adopted by Council 19/11/12)

 

 

 

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

 

4

 

 

 

 

 

 

 

23^ü

(7.00pm)

 

 

16

(7.00pm)

 

25@

25

29v

27#

24 *

22

26@

30

21

25#+

 

Policy Review Committee

7.30pm

 

11

11

15

13

17

8

12

9

14

11

9

 

 

 

 

 

 

 

 

 

 

 

 

 

 v

Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for June and December) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2012-2013 Annual Statements are presented

 

Meeting at which any comments on the 2012-2013 Annual Statements are presented

 +

Meeting at which the Annual Report is 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 ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 29 APRIL 2013 AT 7:33PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously requested by Councillor Jim Aitken OAM for the period 18 April 2013 to 30 April 2013 inclusive.

93  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that Leave of Absence be granted to Councillor Jim Aitken OAM for the period 18 April 2013 to 30 April 2013 inclusive.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 March 2013

94  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the minutes of the Ordinary Meeting of 25 March 2013 be confirmed with the deletion of Councillor Mark Davies’ name in the division of voting on Item 5 of the Report and Recommendations of the Policy Review Committee held on 11 March 2013.

 

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 8 - Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents as he is a Director of one of the companies that tendered. Councillor Ross Fowler OAM indicated he would leave the room for discussion of the item.

 

Councillor Kevin Crameri OAM declared a Non  - Pecuniary Conflict of Interest – Less than Significant as in Item 14 - Llandilo Rural Fire Brigade Station as he is a member of the brigade and an office bearer.

 

Mayoral Minutes

 

1        Councillor Greenow wins 2013 Minister's Award for Women in Local Government

Councillors Ross Fowler OAM, Greg Davies, John Thain, Karen McKeown, Michelle Tormey, Tricia Hitchen, Prue Car and Kevin Crameri OAM spoke in support of the Mayoral Minute.              

95  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Councillor Greenow wins 2013 Minister's Award for Women in Local Government be received.

 

3        Helen Brownlee OAM named Vice President of Australian Olympic Committee

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.                                     

96  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Helen Brownlee OAM named Vice President of Australian Olympic Committee be received.

 

2        The Passing of Claire Gledhill OAM

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.                                     

97  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on The Passing of Claire Gledhill OAM be received.

The meeting observed a minute’s silence at 7:58pm.

 

4        National Awards for Local Government

Councillor Ross Fowler OAM and Greg Davies spoke in support of the Mayoral Minute.         

98  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on National Awards for Local Government be received.

 

5        Western Sydney Wanderers

Councillor John Thain spoke in support of the Mayoral Minute.                                                  

99  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain that the Mayoral Minute on Western Sydney Wanderers be received.

 

 

6        Recognition of the contribution and achievements of Rick Pisaturo AM to the cattle industry

Councillor Greg Davies spoke in support of the Mayoral Minute.                                               

100  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the Mayoral Minute on the Recognition of the contribution and achievements of Rick Pisaturo AM to the cattle industry be received.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 8 April 2013                                                                                                                                     

101  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 8 April, 2013 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 15 April 2013                                                                                                                                     

102  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 April, 2013 be adopted.

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

2        Audit Committee                                                                                                                

103  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

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

2.     Council endorse the revised Internal Audit Charter.

 

 

3        Proposed Permanent Road Closure of Part of Station Lane Penrith at Nos. 101-107 Station Street, Penrith                                                                                                                    

104  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Proposed Permanent Road Closure of Part of Station Lane Penrith at Nos. 101-107 Station Street, Penrith be received.

2.     Council approve submitting a road closure application over part of Station Lane Penrith to Department of Primary Industry-Crown Lands Division as outlined in the report.

3.     A further report to be submitted to Council seeking Council Resolution for permanent road closure of part of Station Lane, Penrith following advertising and approval from Department of Primary Industry – Crown Lands Division.

4.     The subject road closure land be consolidated with adjoining Council land following the permanent road closure of part of Station Lane Penrith.

 

5        Insurance Renewal 2013-14                                                                                              

105  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Insurance Renewal 2013-14 be received.

2.     Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $816,000 to Westpool for liability cover.

3.     Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $539,000 to United Independent Pools.

4.     Council agree to pay UIP a contribution of $141,000 to the comprehensive motor vehicle insurance pool.

 

6        Summary of Investments & Banking for the period of 1 March to 31 March 2013   

106  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Summary of Investments & Banking for the period of 1 March to 31 March 2013 be received

2.     The information contained in the report on Summary of Investments & Banking for the period of 1 March to 31 March 2013 be received.

3.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 March 2013 to 31 March 2013 be noted and accepted.

4.     The graphical investment analysis as at 31 March 2013 be noted.

5.     The Agency Collection Methods be noted

 

1        Exhibition of Draft Corporate Planning documents                                                      

107  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1.     The information contained in the report on the Exhibition of Draft Corporate Planning documents be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse for public exhibition the draft Community Plan, draft Delivery Program 2013-17 (incorporating the Operational Plan for 2013-2014) and draft Fees and Charges 2013-14, including any amendments made at tonight’s meeting

3.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the draft Community Plan, draft Delivery Program 2013-17 (incorporating the Operational Plan for 2013-14) and draft Fees and Charges 2013-14 be placed on public exhibition for 28 days commencing on Friday 3 May 2013 and closing on Friday 31 May 2013

4.     The public exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

 

4        Westpool Study Tour                                                                                                        

108  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Westpool Study Tour be received.

2.     The Risk Management Co-ordinator’s participation in the Westpool Study Tour be endorsed.

 

A Green City

 

7        Potential Impacts of Coal Seam Gas Activities                                                                

109  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM

          That:

1.             The information contained in the report on Potential Impacts of Coal Seam    Gas Activities be received.

2.             Council write to the Premier of NSW informing him of Council's position and seeking a ban on Coal Seam Gas mining and exploration in the Penrith LGA.

3.             Council write to the Penrith, Blacktown, Hawkesbury, Wollondilly and Blue Mountains Local Members of Parliament, State and Federal in addition to the Hon. Tony Burke MP, Minister for Sustainability, Environment, Water, Population and Communities, Minister for the Arts, seeking support for Council's position;

4.             Council support other Councils in NSW in their opposition to Coal Seam Gas Exploration and Mining;

5.             Council write to the NSW State Government urging it to ban all coal seam gas exploration or extraction within all drinking water catchment areas;

6.             Council recognise and congratulate the NSW Liberal Government on the initiatives it has taken within the industry and their endeavours to regulate an industry that was effectively previously unregulated.

 

8        Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents

Councillor Ross Fowler OAM having previously declared a Pecuniary Interest left the meeting the time being 8:38pm.

Councillor Michelle Tormey left the meeting, the time being 8:39pm.

Councillor Michelle Tormey returned to the meeting, the time being 8:43pm.                            

A MOTION was MOVED by Councillor Bernard Bratusa seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents be received.

2.     The tender process cease and new tenders be called for.

110 An AMENDMENT was MOVED by Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents be received.

2.     The Manager - Waste & Community Protection be authorised to finalise contracts for the recommended tenderers for Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents.

The AMENDMENT was PUT.

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:57pm.

 

A Liveable City

 

11      Reclassification of Land - Council Free Parking Agreement - Station Street Plaza, St Marys                                                                                                                                             

111  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Reclassification of Land - Council Free Parking Agreement - Station Street Plaza, St Marys be received.

2.     The identified land (even though privately owned) be classified as operational land in accordance with the Director-General’s Guidelines and only for the purpose of the free parking agreement.

3.     The Waste and Community Protection Manager be authorised to enter into a Free Parking Agreement to carry out enforcement of disabled parking spaces, 3p restricted time parking and “No Parking” areas within the private car park of Station Plaza, Station Street, St Marys.

4.     The owners of Station Plaza, The Trust Company, be advised of Council’s decision.

 

 

12      Torkington Creek, Londonderry - Flood Investigations                                                

112  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Torkington Creek, Londonderry - Flood Investigations be received.

2.     The Torkington Creek, Londonderry – Flood Investigations (Final Report) prepared by Molino Stewart dated January 2013, be received.

3.     The Torkington Creek Action Plan, as appended to this report, be adopted.

4.     Council write to all residents within the Torkington Creek catchment advising them of Council’s resolution

5.     Council write to the community representatives who participated on the Torkington Creek Flood Reference Group (TCFRG), thanking them for their time, input and assistance through this process.

 

 

15      Bicentenary of Blue Mountains Crossing 2013 - Traffic Management Arrangements         

113  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Bicentenary of Blue Mountains Crossing 2013 - Traffic Management Arrangements be received.

2.     The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

3.     The Traffic Management Plan submitted by the event applicant detailing the proposed rolling temporary road closures for the event to be held on Saturday 11 May 2013 be endorsed.

4.     Approval be given for the temporary closure of the Great Western Highway at Victoria Bridge, as endorsed by NSW Police for the event.

5.     A Traffic Management Plan, including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for concurrence, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

6.     The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

7.     The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.  In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

8.     Detailed Traffic Control Plans be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

9.     The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed Traffic Management Plans.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

10.   The event applicant provide advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

11.   The event applicant advertise the proposed temporary road closures in local newspapers a minimum of one week prior to the event.

12.   The event applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets one week prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council’s Traffic Section for consideration.  Should a matter not be able to be resolved, the event may be postponed.

13.   The event organiser notify ambulance, Nepean Private and Public Hospitals and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

14.   The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

15.   Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

16.   The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

17.   The event applicant is to ensure that participants obey road rules and Police directions during the event.

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

19.   Council reserves the right to cancel this approval at any time.

 

 

9        All Weather Athletics Track                                                                                             

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

That:

1.     The information contained in the report on All Weather Athletics Track be received.

2.     A further report be provided to Council outlining the preferred location for a synthetic athletics track based upon a detailed site assessment and consultation with nominated athletics working party representatives.

 

 

10      Request by Department of Fair Trading for Council Enforcement Officers to become Authorised Officers in accordance with the Motor Dealers Act 1974                          

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

That:

1.     The information contained in the report on Request by Department of Fair Trading for Council Enforcement Officers to become Authorised Officers in accordance with the Motor Dealers Act 1974 be received.

2.     Penrith City Council participate in the Department of Fair Trading’s program and the General Manager be authorised to delegate functions in accordance with Section 23A(1) of the Motor Dealers Act 1974. 

3.     The General Manager be authorised to delegate functions in accordance with Section 23A(1) of the Motor Dealers Act 1974.

4.     The Waste & Community Protection Manager be authorised to formally advise the Department of Fair Trading that Council’s enforcement officers have received the delegation of authority to commence any enforcement action.

 

 

13      WestConnex Project - Proposed Extension of M4 East                                                 

A MOTION was MOVED by Councillor Prue Car seconded Councillor Karen McKeown

          That:

1.        The information contained in the report on WestConnex Project - Proposed Extension of M4 East be received.

2.        Council reaffirm its opposition to any toll on the M4.

3.        Council express its support for an extension to the M4 that extends the road all the way to the Sydney CBD.

116 An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

          That:

1.        The information contained in the report on WestConnex Project - Proposed Extension of M4 East be received.

2.        Council reaffirm its opposition to any toll on the M4.

The AMENDMENT was PUT.

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

Councillor Prue Car left the meeting, the time being 9:18pm.

 

14      Llandilo Rural Fire Brigade Station                                                                                

117  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto

That:

1.     The information contained in the report on Llandilo Rural Fire Brigade Station be received.

2.     The maintenance works be carried out by City Works in accordance with the schedule outlined in this report.

3.     Funding for the building works outlined in this report be pursued with the Cumberland Zone Manager, NSW Rural Fire Service.

4.     A further report be prepared to a future Council meeting on the outcome of the funding discussions to be held with Cumberland Zone Manager, NSW Rural Fire Service.

 

16      Tender Reference 12/13-07 Repair, Supply & Installation of Various Types of Fencing     

118  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Tender Reference 12/13-07 Repair, Supply & Installation of Various Types of Fencing be received.

2.     A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

a.   Supply & Installation of New Fencing Various Types including gates, except Pipe Handrail Fencing, be awarded to Metal Fencing Specialists Pty Ltd.

b.   Supply & Installation of Guard Rail (Roadside Safety Barriers) be awarded to Metal Fencing Specialists Pty Ltd.

c.   Supply & Installation of Steel Bollards be awarded to Metal Fencing Specialists Pty Ltd.

d.   Repair of existing Fencing and Barriers be awarded to Metal Fencing Specialists Pty Ltd.

e.   Supply & Installation of Pipe Handrail Fencing be awarded to A.S.S.Fencing.

 

 

17      Tender Reference 12/13-03 Provision of Hired Plant & Equipment                            

119  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Tender Reference 12/13-03 Provision of Hired Plant & Equipment be received.

2.     A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the companies for the specified services, listed in the “Selected Approved Panel of Contractors as detailed in the report” portion of the Tender Reference 12/13-03 Report to Council 29 April 2013, in accordance with the terms and conditions of the Tender, with the exception of those services relating to Categories 4,8 and 20.

3.     The Services tendered for under categories 4,8 and 20 be referred to Committee of the Whole for consideration in accordance with section 10A(2)(d) of the Local Government Act 1993.

 

 

A Vibrant City

 

18      Spicy Penrith                                                                                                                      

120  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

          That:

1.             The information contained in the report on Spicy Penrith be received.

2.             Council support the Spicy Penrith event with a contribution of $6,000 split    equally between all wards Voted Works.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Trailer Mounted Radar                                                                                           

Councillor Marcus Cornish requested a memo reply to all Councillors on whether Council owns a trailer mounted radar, and if so some information on its usage both previously and in the future.

 

RR 2          Shaded Picnic Area                                                                                                  

Councillor Marcus Cornish requested a memo to all Councillors investigating the costs of installing additional shade structures behind Melrose Hall, similar to the one already erected.

 

RR 3          Clean up of Drainage System - Berkshire Park                                                    

Councillor Kevin Crameri OAM requested that Council arrange for the drainage system on Second Road, Berkshire Park be cleaned and the possibility of spraying the drains here and in similar areas with round up.

 

RR 4          Truck Stop Area                                                                                                      

Councillor Maurice Girotto requested a report to Council investigating the possibility of Council fostering interest from developers or companies for a truck stop facility located in the Erskine Park area.

 

RR 5          Fire Brigade Ball                                                                                                      

Councillor Kevin Crameri OAM requested a report to Council investigating the possibility of Council purchasing a table at the Fire Brigade Ball to support the event.

 

RR 6          Hunters Hill Waste - Letter to Federal Member                                                    

Councillor Bernard Bratusa requested that a letter be written to the Federal Member for Lindsay urging him to identify a viable site or solution to the disposal of waste currently housed at Hunters Hill.

 

Committee of the Whole

 

121  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:45 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

 

A Leading City

 

2        Tender Reference 12/13-03 Provision of Hired Plant & Equipment (Categories 4, 8 and 20)                                                                                                                                             

 

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

 

Councillor Greg Davies left the meeting, the time being 9:44pm.

Councillor Prue Car returned to the meeting, the time being 9:47pm.

Councillor Greg Davies returned to the meeting, the time being 9:52pm.

 

The meeting resumed at 9:52 pm and the General Manager reported that the Committee of the Whole met at 9:45 pm on Monday 29 April 2013, the following being present

 

His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

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

 

2        Tender Reference 12/13-03 Provision of Hired Plant & Equipment (Categories 4, 8 and 20)                                                                                                                                             

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish  

CW2 That the services tendered for under categories 4,8 and 20 in the report on Tender Reference 12/13-03 Provision of Hired Plant & Equipment be deferred and a further report be prepared for the next Council Ordinary meeting, providing reasons why the lowest tender was not recommended.

 

ADOPTION OF Committee of the Whole

 

122 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

Councillor Marcus Cornish left the meeting, the time being 9:55pm.

Councillor Marcus Cornish returned to the meeting, the time being 9:56pm.

 

Procedural Note:

His Worship the Mayor, Councillors Mark Davies left the meeting for discussion of the matter concerning RR6 - Hunters Hill Waste - Letter to Federal Member as his wife is the State Member for Mulgoa.

 

His Worship the Mayor, Councillor Mark Davies left the meeting, the time being 9:59pm.

The Deputy Mayor, Councillor Ross Fowler OAM took the Chair, the time being 9:59pm.

 

Councillor Bernard Bratusa withdrew his request previously relating to RR6 - Hunters Hill Waste - Letter to Federal Member.

 

His Worship the Mayor, Councillor Mark Davies returned to meeting, and took the Chair the time being 10:03pm.

 

There being no further business the Chairperson declared the meeting closed the time being 10:03pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649          


 

 

 

 

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Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        The passing of Ronda Hopkins                                                                                          1

 

 



Ordinary Meeting                                                                                                     27 May 2013

A City of Opportunities

Mayoral Minute

The passing of Ronda Hopkins

           

 

Mrs Ronda Hopkins, well known to many of us for her dedication to making our City a better place for people living with disability, passed away peacefully in Nepean Hospital on 9 May.

 

Ronda was a valuable member of Council’s Access Committee since 2008, and involved with Penrith Disabilities Resource Centre for many years. She was Chair of the Resource Centre’s fundraising committee at the time of her passing and was always hands-on in all aspects of their operations. She was also actively involved in the St Marys Presbyterian Church.

 

A former nurse, Ronda had seen first hand the issues faced by many people challenged by a lack of access to important services and facilities. Suffering a stroke in her early 50s, and later becoming wheelchair bound, Ronda recognised that improving access also makes life easier for parents with prams and others with mobility issues.

 

One of her missions was to see an accessible pathway built between Penrith and St Marys and she was proud to see it coming to fruition.

 

Ronda grew up in St Marys, where she met her husband Brian. Our sympathies are with Brian and their family, including daughter Tracy, son-in-law Mark, grandchildren and great grandchildren. I will be giving them a copy of this Mayoral Minute, expressing our appreciation and sympathies.

 

Ronda was a big personality who, despite being in constant pain, had a smile for all. She will be sadly missed by everyone who knew her. The legacy of her efforts and commitment will continue to benefit even those who didn’t have the chance to know her.

 

 

 

Councillor Mark Davies

Mayor

  

 

RECOMMENDATION

That the Mayoral Minute on The passing of Ronda Hopkins be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee meeting held on 10 April 2013 1

 

2        Report and Recommendations of the Local Traffic Committee meeting held on 6 May 2013     7

 

3        Report and Recommendations of the Policy Review Committee meeting held on 13 May 2013                                                                                                                                           21

 

 



Ordinary Meeting                                                                                                     27 May 2013

A City of Opportunities

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 10 April, 2013

 

 

 

PRESENT

Councillor Jackie Greenow (Chair), David Currie, Ronda Hopkins, Melanie Coid, Denise Heath.

 

IN ATTENDANCE

Ben Felten – Disability Access Officer, Joe Ibbitson – Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Graham Howe – Building Project and Maintenance Coordinator, John Gordon – Parks Manager, Amber Simmons – Lend Lease, Martin Hunt – Lend Lease, Emma Husar – Touched by Olivia Foundation, Colin Wood – Fire Safety, Certification and Compliance Coordinator, Kate Smith – Environmental Planner, Aimee Lee – Senior Environmental Planner.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Prue Car for the period 11 March 2013 to 19 April 2013 inclusive.

Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 28 March 2013 to 14 April 2013 inclusive.

 

APOLOGIES

Apologies were accepted from Councillor Michelle Tormey, Farah Madon, Hans Meijer and Erich Weller.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 13 February 2013

The minutes of the Access Committee Meeting of 13 February 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

3        All Abilities Playground Report                                                                                       

John Gordon introduced the presentation on the All Abilities Playground at Jordan Springs.

 

The All Abilities Playground, which is a regional facility for Western Sydney, is a joint partnership between the Touched by Olivia Foundation, Lend Lease and Council.

 

John Gordon introduced Amber Simmons and Martin Hunt from Lend Lease and Emma Husar from the Touched by Olivia Foundation.

 

Amber Simmons, Landscape Architect for Jordan Springs, spoke to the presentation and explained the design for the playground.

 

Amber Simmons asked for the Access Committee’s input regarding what should be provided in the space.  She said they were open to suggestions and comments.

 

Amber Simmons advised that community engagement will be held in the next few months and asked who should be involved. An evening session will be held for people who are unable to attend through the day.

 

Issues discussed by the Committee included:

 

·    users of the playground will be drawn from a 20km radius

·    a liberty swing will not be provided in the playground

·    all Touched by Olivia Foundation playgrounds are inclusive, intergenerational playgrounds and a place for everyone

·    health and safety concerns regarding the use of sand in playgrounds

·    the facility will be fully fenced and in close proximity to residential properties

·    the funding model for the playground is to be confirmed.

 

John Gordon took on board the issues raised and advised he would investigate and report back to the Committee.

 

Joe Ibbitson advised that when the dates for the community consultation are known Committee members would be advised.

 

John Gordon advised that a further update on the All Abilities Playground would be provided to the Access Committee in approximately three months time.

 

RECOMMENDED that the information contained in the report on All Abilities Playground Report be received.

 

John Gordon, Amber Simmons, Martin Hunt and Emma Husar left the meeting at 5.42pm.

 

A City of Opportunities

 

2        Development Applications referred to Access Committee                                             

 

DA13/0117        Penrith Courthouse, Henry Street, Penrith

 

Kate Smith, Environmental Planner, spoke to the development application for alterations and additions to Penrith Courthouse located on Henry Street, Penrith.

 

The proposed development includes redesign of the front entrance and foyer area, including modifications to the front façade, removal of an existing external ramp, internal reconfiguration and refurbishment of areas across all levels of the building, as well as provision of two new passenger lifts to provide wheelchair access.

 

Graham Howe expressed concern that the lifts are only big enough for a supersized wheelchair but not the carer, who would need to travel separately.

 

Other issues discussed by Committee members included:

 

·    a number of accessible toilets being provided across all levels

·    the turning of large wheelchairs should be considered

·    carparking for the courthouse

·    tactile indicators at the building entrance and on internal stairs

·    a larger entrance to accommodate wheelchair access

·    possibility of a larger car for the lifts

·    the issue of power outage and people exiting the building.

 

It was noted that Farah Madon wished to view the plans for the Courthouse.  Colin Wood advised he would try to contact Farah Madon for her comments on the Penrith Courthouse development application.

 

DA12/1363     Community Facility – Sporting Oval and Amenities, 1-2 Discovery Way, Jordan Springs

 

Aimee Lee introduced the development application for the sporting oval and amenities proposed at Discovery Way, Jordan Springs.  This development is linked into the planning agreement between Lend Lease and Council.

 

The proposal includes construction of a modified league field, spectator seating, night time lighting, passive recreation space, 40 carparking spaces including four which are wheelchair accessible, a bus turning area, a storage and amenity block, barbecue areas and shelters, 2.5m wide pathways and street furniture.

 

Farah Madon previously viewed the proposal and requested automatic door closers for the amenities, an MLAK system be provided, storage to the side of the accessible toilet, and reassessment of the ambulant facilities for circulation space including the cubicle.

 

Other issues discussed included:

 

·    the location of the baby change facilities

·    repositioning of the bollard in front of the building

·    the location of the carparking

·    parking for mini buses

·    location of bus stops and bus turnaround

·    the vulnerability of the entrance to the male/female toilet.

 

DA13/0096     Educational Establishment, Kurrambee School, 11 Water Street, Werrington

 

The development application is for Kurrambee School, a special purpose school for young people with disabilities, at Water Street, Werrington.  The current school is on the eastern side of Werrington Road and will move to the western side of the road.

 

The proposal is for six different buildings with 17 classrooms, a multipurpose building, hydrotherapy pool, administration building and construction of an at-grade carpark to accommodate 29 cars and 10 mini buses.

 

Each building has its own accessible bathrooms.  An accessibility report is attached to the proposal.

 

The number of carparking spaces at the school was discussed.  Colin Wood said he would review the traffic report to ascertain more detail.

 

Councillor Jackie Greenow left the meeting at 6.37pm and Joe Ibbitson took over as Chair.

 

RECOMMENDED that the information contained in the report on Development Applications referred to Access Committee be received.

 

Aimee Lee and Kate Smith left the meeting at 6.41pm.

 

1        Building Inclusive Communities - Family Fun Day                                                        

Ben Felten spoke to the report which gives an overview of the Building Inclusive Communities Family Fun Day held on 24 February 2013. 

 

Ageing Disability and Home Care (ADHC) hosted the event in partnership with NADO and Council, who assisted in organisation and planning. 

 

A survey was undertaken to gain information from people with disability to understand their sport, leisure and recreation needs and to improve future events.

 

One of the improvements highlighted for a future event was to provide food in a more timely manner.  The sign-in process was also highlighted for improvement.

 

Denise Heath advised that ten volunteers from NADO were available on the day and they were really helpful.

 

RECOMMENDED that the information contained in the report on Building Inclusive Communities - Family Fun Day be received.

 

GENERAL BUSINESS

 

GB 1          Dance Oolites 2012 Mama Mia DVD                                                                     

The Committee watched a DVD of Mama Mia performed by the Dance Oolites at the Joan Sutherland Performing Arts Centre.  Melanie Coid advised that Council contributed funds towards the performances. Four dance numbers were performed with participants wearing costumes made by a professional costume maker.  The dance performances assist with developing balance, teamwork and confidence.

 

 

 

GB 2          NADO in Partnership with Luke Priddis Foundation                                         

Denise Heath advised that NADO would be providing staff and support to playgroups in partnership with the Luke Priddis Foundation.

 

GB 3          Carers Connecting Up – Partnership with Pratt Foundation, TRI Community Exchange, NADO and Penrith Council                                                                 

Denise Heath advised of Carers Connecting Up, which is free iPad and laptop training for carers.  Free individual or personal training will be provided in the Penrith LGA for a maximum of four persons.  TRI Community Exchange will be the training providers for the three sessions of training.

 

GB 4          Share my Ability Fundraising Event                                                                      

Denise Heath advised of the Share my Ability Fundraising Event which is a 24 hour team challenge.  The challenge will be held from 10.00am Friday to 10.00am Saturday, the same weekend as the Penrith Bicentennial.  There will be back to back events including overnight. There are 10 sponsors for the event with Nordoff-Robins performing a drumming session.  Denise Health asked that Committee members pass this information on to others. 

 

GB 5          Review of Disability Standards for Accessible Public Transport                        

Ben Felten advised that a public consultation session regarding the Review of the Disability Standards for Accessible Public Transport 2002 (Transport Standards) will be held at Penrith Council on 9 May 2013.  This is one of four consultations to be held in NSW. Those interested to attend should register before 19 April.

 

An email has been sent out to local disability organisations informing them of the consultation.  There will be further opportunity to comment on the draft report when it comes out as it is not being finalised until early next year.  Council officers have been having discussions regarding putting in a submission.

 

GB 6          National Survey regarding Accessible Tourist Accommodation                          

Joe Ibbitson advised of the National Survey of Accessible Tourist Accommodation detailed in the Local Government Weekly of 5 April 2013, Item 3. The national survey regarding accessible tourism accommodation has been commissioned by the Australian Government as part of the Tourism 2020 Strategy.  The closing date for the survey is 12 April 2013.  If Committee members require further information a web link can be sent out.

 

GB 7          All Welcome Update                                                                                                

Joe Ibbitson advised that site inspections had been carried out at four premises in the CBD.  Quotes had recently been provided to the City Centres Association for potential works to those premises to make them accessible.  The quotes received were between $1,500 and $4,000 to install small ramps. The City Centres Association is considering seeking competitive quotes. 

 

Joe Ibbitson advised that the idea of providing stickers to businesses in recognition of making their premises more accessible is being worked through.

 

David Currie advised of Federal Government grants to upgrade premises for accessibility. 

 

GB 8          Draft Public Domain Technical Manual                                                                

Joe Ibbitson advised that the Draft Penrith City Centre Public Domain Technical Manual (PDTM) will be presented to the Policy Review Committee meeting on 13 May 2013.  Following the meeting, it is planned to exhibit the draft PDTM for public comment for a period of 21 days.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.20pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 April, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 6 May, 2013

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Wayne Mitchell – Group Manager City Infrastructure, Eric Hausfeld – Acting Engineering Services Manager, David Drozd – Senior Traffic Engineer, Councillor Marcus Cornish, Mr Patrick Conolly – Representative for the Member for Mulgoa, Senior Constable Mark Elliott – St Marys Police, Michael Kayello – Roads and Maritime Services, Constable Bill Pearson – Penrith Police, Daniel Davidson – Road Safety Co‑ordinator, Martin Warda – Trainee Engineer.

 

IN ATTENDANCE

Mark Fittock – Westbus, Steven Purvis – Ranger.

 

APOLOGIES

Apologies were accepted from Mr Stuart Ayres MP - Member for Penrith, Councillor Jackie Greenow, Councillor Karen McKeown, Ruth Byrnes - Senior Traffic Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 8 April 2013

The minutes of the Local Traffic Committee Meeting of 8 April 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Harrow Road, Cambridge Park - Proposed Alteration to "Bus Zone" fronting Cambridge Park High School                                                                                                               

RECOMMENDED

That:

1.     The information contained in the report on Harrow Road, Cambridge Park - Proposed Alteration to "Bus Zone" fronting Cambridge Park High School be received.

2.     The existing “Bus Zone” fronting Cambridge Park High School on Harrow Road, Cambridge Park be reduced to approximately 50m in length.

3.     Cambridge Park High School and Council’s Ranger Services Section be advised of Council’s resolution.

 

 

 

 

2        Union Lane Car Park, Penrith - Proposed Provision of Designated Motorcycle Parking    

RECOMMENDED

That:

1.     The information contained in the report on Union Lane Car Park, Penrith - Proposed Provision of Designated Motorcycle Parking be received.

2.     Two motorcycle parking areas be designated in the north-west and south‑west corner areas of the Union Lane Car Park, Penrith, with four spaces being linemarked adjacent to Worth Street in the north-west corner with dimensions 1.2m x 2.5m, and another four spaces linemarked adjacent to Union Road in the south-west corner with dimensions of 1.2m x 2.5m

3.     Two “Motorcycles Only” signs per area to be provided at each end of the designated motorcycle parking areas in the Union Lane Car Park at Penrith.

4.     Two laybacks be installed at the north-west corner of the car park to provide access to Union Lane.  The laybacks shall be 1.2m wide, constructed at the edge of the zone with an access path to join the two laybacks.

5.     Council’s Ranger Services Section be advised of Council’s resolution.

 

3        St Marys Spring Festival & Street Parade - Saturday 7 September 2013                    

RECOMMENDED

That:

1.     The information contained in the report on St Marys Spring Festival & Street Parade - Saturday 7 September 2013 be received.

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4 August 2006, for the St Marys Spring Festival and Street Parade on 7 September 2013 be endorsed, subject to the following conditions:

(a)  The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

(b)  Approval be given for the temporary closure of roads listed in the report, for the duration of the event.

(c)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

(d) The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

(e)  The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.  In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

(f)  A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

(g)  The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan.  Where the Traffic Management and Traffic Control Plan indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

(h)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(i)   The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Traffic Authority’s Technical Direction TDT2002/11c.

(j)   The event applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed.

(k)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).  The organisers be requested to co‑ordinate advisory signs, as required, with Council’s City Works Manager:

·             for westbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 7 September 2013 (7.00am–5.00pm)”.

·             for eastbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 7 September 2013 (7.00am–5.00pm)”.

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

An additional sign is to be placed on Mamre Road for northbound traffic, approximately 50m on the approach to the Great Western Highway indicating “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 7 September 2013 (7.00am–5.00pm)”.

(l)  The event organiser notify ambulance and fire brigade (NSW Fire Brigade and RFS) and SES of the proposed event and submit a copy of the notification to Council prior to the event.

(m) The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(n) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

(o) The event applicant shall ensure that noise control measures are in place as required by the protection of the Environment Operations (Noise Control) Regulation 2000.

(p) The event applicant is to ensure that participants obey road rules and Police directions during the event.

(q) Council reserves the right to cancel this approval at any time.

 

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

 

 

4        Banks Drive, St Clair - Proposed Provision of Edge Lines between Melville Road & Teak Street                                                                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Banks Drive, St Clair - Proposed Provision of Edge Lines between Melville Road & Teak Street be received.

2.     E1 edge lines be provided in Banks Drive, St Clair, between Melville Road and Teak Street.

3.     Affected residents be notified of the linemarking prior to work commencing.

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

 

 

 

 

 

 

5        Orth Street, Kingswood - Proposed Provision of 1/2-Hour Timed Parking Restrictions      

LTC Comment

Councillor Marcus Cornish requested that Council’s Traffic Section investigate modifying the existing footpath on Orth Street, near Bringelly Road, Kingswood, to allow additional on-street parking.

RECOMMENDED

That:

1.     The information contained in the report on Orth Street, Kingswood - Proposed Provision of 1/2-Hour Timed Parking Restrictions be received.

2.     Shop owners in the immediate vicinity be consulted regarding the proposal and any substantial objections be referred back to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections, the existing ¼-hour parking zone on the north side of Orth Street, near Bringelly Road, Kingswood be changed to ½‑hour parking (1/2P Monday-Friday 8.30am-6.00pm).

4.     Subject to no substantial objections, eight marked parking bays on the south side of Orth Street, near Bringelly Road, Kingswood be restricted to ½-hour parking (1/2P Monday-Friday 8.30am-6.00pm).

5.     The Kingswood Post Office Manager be advised of Council’s resolution.

6.     Council’s Ranger Services Section be advised of Council’s resolution.

7.     Council’s Traffic Section investigate modifying the existing footpath in Orth Street, near Bringelly Road, Kingswood, to allow additional on-street parking.

 

6        Glossop Street, St Marys - Transport Management Plan Recommended Options      

RECOMMENDED

That:

1.     The information contained in the report on Glossop Street, St Marys - Transport Management Plan Recommended Options  be received.

2.     Concept design plans for all fixed works, and works encompassing Options A and C as described in the report, be prepared and submitted to relevant stakeholders, including the Roads and Maritime Services, Police and Westbus, for comment.

3.     Detailed Benefit Cost Analysis be undertaken for Options A and C with a view to including these projects in the annual report submitted to Council endorsing projects to the Nation Building Black Spot Program, and a further report be provided to Council to endorse projects for the 2014/2015 Nation Building Black Spot Program.

4.     The Roads and Maritime Services be requested to and investigate potential filter turn bans at existing traffic signals sites along Glossop Street, St Marys, namely Phillip and Chapel Streets, with a view to reducing accident severity and discuss options with Council prior to finalising the investigations.

5.     Residents who made submissions be advised of Council’s resolution.

 

7        York Road, Penrith - Proposed Provision of Pedestrian Refuge                                  

RECOMMENDED

That:

1.     The information contained in the report on York Road, Penrith - Proposed Provision of Pedestrian Refuge be received.

2.     Design Plan No AY16, dated 24 April 2013 for a pedestrian refuge on York Road, at Jamison Road, Penrith, be endorsed for construction.

3.     Funding for the works be provided by Council under AM010 Local Bicycle Facilities.

4.     Council’s Public Domain Co-ordinator be requested to obtain a lighting assessment from Endeavour Energy to ensure compliance with minimum lighting standards is met.

 

8        Second Avenue & Manning Street, Kingswood - Proposed Provision of "No Stopping" Restrictions                                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Second Avenue & Manning Street, Kingswood – Proposed Provision of “No Stopping” Restrictions be received.

2.     Consultation be carried out with the affected resident, and any substantial objections be referred to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, 13m of “No Stopping” be provided on the southern side of Second Avenue west from Manning Street and 25m east of Manning Street, Kingswood.

4.     Subject to no substantial objections being received, 10m of “No Stopping” be provided on the eastern side of Manning Street, south from Second Avenue, and 20m on the western side of Manning Street, south from Second Avenue, Kingswood.

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

 

 

GENERAL BUSINESS

 

GB 1   Crossandra Close, Cranebrook – Proposed Removal of “No Stopping” Restrictions  (Raised Council)

The Local Traffic Committee, at its meeting on 4 February 2013, considered General Business Item 8 on “Crossandra Close, Cranebrook – Request for Provision of Parking Restrictions”.  The report addressed a matter raised by Council’s Ranger Services representative regarding the provision of parking restrictions in Crossandra Close, Cranebrook, to allow garbage trucks to turn around instead of having to reverse back out of the street due to vehicles parked in the turning head.

 

It was advised that Rangers have previously contacted residents requesting that they don’t park in this location, however residents have ignored the Rangers’ requests.

 

Council, at its Ordinary Meeting on 25 February 2013, resolved on the recommendation of the Committee, “thatNo Parking’ restrictions be provided in the turning head in Crossandra Close, Cranebrook, to prevent vehicles being parked in this location”.

 

Following the installation of parking restrictions, Council received representations from Councillor Ross Fowler OAM on behalf of residents in Crossandra Close, in the form of a petition signed by residents who were opposed to the installation of the parking restrictions.  The residents advised that due to the road width in Crossandra Close and the number of homes at the end of the cul-de-sac, on-street parking was a necessity and the residents’ preference was to park in the turning head on some occasions.

 

Consultation was not conducted with residents prior to the signage being installed as it is the practice of the Local Traffic Committee and subsequently Council that generally only parking restrictions on the side of residential properties, directly in front of privately owned properties are notified and consulted.  In this case, the parking restrictions were on the reserve side of the road and the Committee was advised that the residents were requested not to park in the turning head on garbage collection days, to which they did not comply at the time.

 

Following receipt of the petition, Council officers delivered a letter to residents advising that their concerns had been received.  The head petitioner contacted Council and subsequently provided a follow-up email and letter to Council on behalf of the residents advising that they give an undertaking not to park in the turning head on Tuesday night and Wednesday morning (garbage collection times).  The letter stated, in part:

 

“We request that the signs erected recently be removed, and we agree that no vehicles will be parked in the turning bay in our street on any Tuesday night or Wednesday morning so that the waste disposal trucks that have to enter our street to empty the various bins can use the turning bay without any difficulty. We understand that should there be a vehicle inadvertently left parked in the turning bay during that period then our waste disposal bins will not be collected.

 

I would like to emphasis the point that this has been the procedure in the street for as long as I have lived here, which is almost six years, and it is only in the last few months that a problem did arise with one car being left in the turning bay on waste disposal collection days on a couple of occasions. This car was for sale at the time, and has been sold, and the problem has not arisen again since that time. In fact, the only time the turning bay is usually used for parking is on weekends when residents have visitors come to see them, and that does not affect the regular flow of traffic.”

 

Given that this is the outcome previously preferred by Council’s Waste and Community Protection Department, and provided the residents comply with their undertaking, Council’s Acting Waste Management and Contracts Co-ordinator have no objections to the removal of the parking restrictions.

 

Council reserves the right, however, to re-install the parking restrictions should vehicles continue to be parked in the turning head and garbage trucks are unable to turn around in the area.

 

RECOMMENDED

That:

 

1.          The parking restrictions in Crossandra Close, Cranebrook, provided in the turning head to assist in turning of garbage trucks, be removed.

2.          Should vehicles continue to be parked in the turning head, parking restrictions be re-installed.

3.          Residents who made a submission be advised of Council’s resolution.

4.          Councillor Ross Fowler OAM be advised of Council’s resolution.

 

 

GB 2          Sunflower Drive, Claremont Meadows – Finalisation & Endorsement of Council Design Plan AS228  (Raised Council)                                                                                        

The Local Traffic Committee, at its meeting on 3 December 2012, considered a General Business Item on “Sunflower Drive, Claremont Meadows – Proposed Installation of Flagged Children’s Crossing Adjacent to Claremont Meadows Public School”.  At its Ordinary Meeting on 10 December 2012, Council resolved, on the recommendations of the Committee, that:

 

“1.    A flagged “Children’s Crossing” be installed at the existing pedestrian refuge island on Sunflower Drive approximately 200m north-west of the intersection with Vivaldi Crescent.

2.   A design plan be prepared for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

3.   The project be funded from the 2012/2013 traffic facilities block grant.

4.   Claremont Meadows Public School be advised of Council’s resolution.

5.   The Committee note that the school principal has signed an undertaking that the school will be responsible for placement of the crossing flags in accordance with the Roads and Maritime Services guidelines.”

 

Council’s Design Section has now provided design plans for a flagged Children’s Crossing on Sunflower Drive, Claremont Meadows.  Council’s Design Section has advised that the facility is designed in compliance with relevant standards, including the Australian Standard AS1742.10-2009 for Pedestrian Control and Protection.

 

This report seeks to endorse the pedestrian facility and linemarking as per Design Plan AS228.  The project is to be funded from Council’s 2012/13 Traffic Facilities Block Grant.  The proposal is submitted to the Local Traffic Committee for endorsement.

 

RECOMMENDED

That:

 

1.     Design Plan AS228 for installation of a flagged Children’s Crossing on Sunflower Drive, Claremont Meadows, be finalised and endorsed for construction.

2.     Children’s Crossing flags be delivered to the school, by Council’s Road Safety Co‑ordinator, upon completion of works.

 

 

GB 3          Coowarra Drive, St Clair – Finalisation & Endorsement of Alterations to Council Design Plan AC263  (Raised Council)                                                                                        

The Local Traffic Committee, at its meeting on 8 October 2012, considered a report on “Coowarra Drive, St Clair – Proposed Installation of Flagged Children’s Crossing Adjacent to Blackwell Public School”.  At its Ordinary Meeting on 15 October 2012, Council resolved, on the recommendations of the Committee, that:

 

“1.    The information contained in the report on Coowarra Drive, St Clair - Proposed Provision of Flagged Children's Crossing & Results of Resident Consultation be received.

2.   Consultation be undertaken with affected residents and any substantial objections be submitted as a report to the Local Traffic Committee for consideration.

3.   Subject to no substantial objections, a flagged “Children’s Crossing” be installed on Coowarra Drive, St Clair, adjacent to Blackwell Public School’s rear access laneway and the side boundary of house number 11 Berrigan Close, St Clair.

4.   A design plan be prepared for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

5.   The project be funded from the 2012/2013 traffic facilities block grant.

6.   Blackwell Public School and Coowarra Out Of School Hours Care be advised of Council’s resolution.”

 

Council’s Design Section has previously provided design plans for a flagged Children’s Crossing on Coowarra Drive, St Clair.  The Local Traffic Committee, at its meeting on 8 April 2013, considered a report on “Coowarra Drive, St Clair – Proposed Installation of Flagged Children’s Crossing Adjacent to Blackwell Public School”.  The recommendations of the Committee were:

 

“1.    The information contained in the report on Coowarra Drive, St Clair - Proposed Provision of Flagged Children's Crossing & Results of Resident Consultation be received.

2.   Design Plan AC263 for installation of a flagged Children’s Crossing on Coowarra Drive, St Clair, be finalised and endorsed for construction.

3.   Adjoining properties be advised of Council’s resolution.”

 

Subsequent to the recommendations of the Committee, a request was received from Roads and Maritime Services officers to make amendments including minor realignment of the crossing, addition of 8m of approved pedestrian fencing and a “Stop” line and signage at the intersection of Coowarra Drive and Berrigan Close.

 

Council’s Design Section has now provided amended design plans for a flagged Children’s Crossing on Coowarra Drive, St Clair.  Council’s Design Section has advised that the facility is designed in compliance with relevant standards, including the Australian Standard AS1742.10-2009 for Pedestrian Control and Protection.

 

This report seeks to endorse the pedestrian facility and linemarking as per amended Design Plan AC263.  The project is to be funded from Council’s 2012/13 Traffic Facilities Block grant.  The proposal is submitted to the Local Traffic Committee for endorsement.

 

LTC Comment

 

The Roads and Maritime Services (RMS) representative raised concerns regarding possible confusion for drivers caused by multiple “Stop” lines at the intersection.  Council officers advised that confusion for motorists would be minimised due to the low traffic volumes of adjoining Berrigan Close, and that the hold line on Berrigan Close would be supplemented with a “Stop” sign.  The RMS representative still held concerns that there would be possible confusion for drivers at this location.  The RMS representative concurred that the position of hold lines, relative to the crossing and the intersection, is compliant with the relevant standard.  The Committee noted the concerns of the RMS representative as a perceived risk rather than a departure from the standard and recommended that works proceed as per Council’s Design Plan.

 

RECOMMENDED

That:

1.   The amended Design Plan AC263, for installation of a flagged Children’s Crossing on Coowarra Drive, St Clair, be finalised and endorsed for construction.

2.   Children’s Crossing flags be delivered to the school, by Council’s Road Safety Co‑ordinator, upon completion of works.

3.   The width of the crossing be checked in accordance with Australian Standards and be amended accordingly.

 

 

GB 4          Russell Street & Bromley Road, Emu Plains – Seagull Island Investigation & Provision of “Stop” Sign  (Raised Council)                                                                               

The Local Traffic Committee, at its meeting on 8 April 2013, considered a report on “Bromley Road – Proposed Provision of ‘Stop’ Sign”.  At its Ordinary Meeting on 29 April 2013, Council resolved, on the recommendations of the Committee, that:

 

“1.    The information contained in the report on Bromley Road, Emu Plains - Proposed Provision of "Stop" Sign be received.

  2.     Further information be provided to Local Traffic Committee members indicating turning movements for vehicles from the driveway at property number 128-138 Russell Street, Emu Plains, overlaid on a concept seagull island, and that a further report be submitted to the Local Traffic Committee following preparation of that plan.”

 

Council’s Design Section has now provided design plans for a painted seagull island with overlaid swept paths of 19m and 12.5m vehicles shown in relation to the driveway at property number 128-138 Russell Street.  Council’s Design Section has advised that the facility cannot be designed without multiple turning movement conflicts and recommends that the traffic facility not be approved.

 

The right-turn of a 19m vehicle (shown in blue) from the driveway contravenes Australian Road Rule 290 shown below:

 

“290 Driving on a traffic island

A driver must not drive on a traffic island (except the central traffic island in a roundabout), unless:

(a) the traffic island is designed to allow vehicles to be driven on it; or

(b) the driver is permitted to drive on the traffic island under another law of this jurisdiction.”

 

In this case the traffic island is painted, the design cannot be modified to accommodate this movement, and another law of the Australian Road Rules does not cancel out this jurisdiction.

 

Furthermore, the left-turn from the subject driveway conflicts with the acceleration taper from the proposed seagull island, which is undesirable.  In addition, the left-turn of a 12.5m Heavy Rigid Vehicle (HRV) from Bromley Road overhangs the right-turn bay in Russell Street.  Considering the aforementioned, the proposed traffic device would not be suitable in this location.

 

As the majority of accidents at the intersection were the result of the failure of drivers to give way when exiting Bromley Road, it is proposed that a “Stop” sign and associated TF linemarking be installed.  Whilst sight distance at the intersection is adequate in both directions, it is thought that the provision of a “Stop” sign will increase driver awareness at the intersection and therefore encourage drivers to wait for an appropriate gap in traffic before entering.

 

In line with this proposal, a length of 10m of BB lines is proposed in Bromley Road, to better delineate the approach to Russell Street.  Roads and Maritime Services (RMS) practice uses RMS warrants (intersection accident related) and Australian Standard – 1742, Manual of Uniform Traffic Control Devices sight distance warrants when considering the installation of “Stop” signage.  As such, the warrants are met due to four intersection accidents (RUM 13) occurring over the past five years.

 

RECOMMENDED

That:

 

1.     The design for a seagull island at the intersection of Russell Street and Bromley Road, Emu Plains not be supported.

2.     A “Stop” sign be installed on Bromley Road, Emu Plains, at the intersection with Russell Street, with associated TF linemarking.

3.     A length of 10m of BB lines be installed in Bromley Road, Emu Plains to better delineate the approach to Russell Street.

4.     Councillor Marcus Cornish be advised of Council’s resolution.

5.     Council review the B-double approvals for 23-25 Bromley Road, Emu Plains.

6.     Council request the Roads and Maritime Services to review the speed limit in Russell Street, Emu Plains.

 

 

GB 5          Bromley Road, Emu Plains – Provision of “No Stopping” Restrictions (Raised Council)    

The Local Traffic Committee, at its meeting on 8 April 2013, considered General Business Item 2 (GB2) raised by Councillor Marcus Cornish on “Bromley Road, Emu Plains – Request for Provision of ‘No Stopping’ Restrictions”.

 

GB2 raised concerns regarding sight distance near property number 10-14 Bromley Road, Emu Plains, and requested the provision of “No Stopping” restrictions for at least one car parking space outside this property.

 

Council, at its Ordinary Meeting on 29 April 2013, resolved on the recommendation of the Committee that:

 

“Council’s Traffic Officers carry out a site inspection with affected business proprietors.”

 

Subsequently, a site meeting was undertaken with the Council officers, the Manager of Eva Bory Swim School and Councillor Marcus Cornish.  Councillor Marcus Cornish advised that he had witnessed several accidents and numerous near misses associated with the subject driveway, which were confirmed by the Manager.

 

A five-year accident analysis was undertaken using available data from 2005–2009, which indicated that there is no consistent accident history or trend occurring at this location, however there has been one reported tow-away accident regarding the subject driveway in 2005.  The Council’s accident database is provided to Council through the Roads and Maritime Services and does not report on near misses and minor accidents.

 

Given there are confirmed reports from Councillor Marcus Cornish that there have been several unreported accidents and numerous near misses, it is proposed to install “No Stopping” restrictions across the driveway of property number 14 Bromley Road, Emu Plains, approximately 4m west and 7m east of the driveway.

 

RECOMMENDED

That:

 

1.   “No Stopping” restrictions be provided across the driveway of 14 Bromley Road, Emu Plains, approximately 4m west and 7m east of the subject driveway.

2.   Councillor Marcus Cornish and the Manager of Eva Bory Swim School be advised of Council’s resolution.

 

 

GB 6          M4 Off-Ramp at Mulgoa Road, Mulgoa – Request for Provision of Additional Painted Lane  (Raised Councillor Marcus  Cornish)                                                                 

Councillor Marcus Cornish raised concerns about traffic queuing on the eastbound M4 off-ramp at Mulgoa Road, Mulgoa, and requested the provision of an additional exit ramp lane at this location.

RECOMMENDED

That Council write to the Roads and Maritime Services requesting that they investigate this request.

 

GB 7          Mulgoa Road, Glenmore Park – Traffic Safety  (Raised Councillor Marcus Cornish)

Councillor Marcus Cornish requested advice regarding vehicles turning right into the 7/11 store on Mulgoa Road, near Glenmore Park.

Council’s Road Network Services Engineer advised that there are conditions on the service station approval to prohibit the right-turn and Council’s Compliance Unit is currently working with the Roads and Maritime Services and the developer regarding this matter.

RECOMMENDED

That Councillor Marcus Cornish be advised of the status of this matter.

 

GB 8          Explorers Way, St Clair – Kerb & Guttering  (Raised Councillor Marcus Cornish)    

Councillor Marcus Cornish raised concerns regarding Explorers Way, St Clair, near Denver Road, that there is no kerb and guttering in this section of the road.  Council’s Road Network Services Engineer advised that Council has left the kerb and guttering for construction by developers when the land is subdivided.

RECOMMENDED

That the matter be referred to Council’s City Works Department for information.

 

 

 

GB 9          The Northern Road & Castle Road, Orchard Hills – Request for Provision of Part-Time Right-Turn Ban  (Raised St Marys Police)                                                                       

The St Marys Police representative raised concerns about traffic safety at the intersection of The Northern Road and Castle Road, Orchard Hills, and requested the provision of a part-time right-turn ban from The Northern Road into Castle Road.

RECOMMENDED

That the matter be referred to the Roads and Maritime Services for consideration.

 

GB 10        Hobart Street, St Marys – Fatal Traffic Accident  (Raised St Marys Police)       

The St Marys Police representative advised that there was a fatal traffic accident on Hobart Street, St Marys recently, and that a Fatal Incident Response Strategy Team report is being prepared for a future Local Traffic Committee meeting.

RECOMMENDED

That the Committee note the information.

 

GB 11        M4/The Northern Road, Penrith – Traffic Signal Phasing  (Raised Council)    

Council’s Senior Traffic Engineer advised that he has requested the Roads and Maritime Services to investigate the timing of the traffic signals for eastbound traffic at the intersection of the M4 and The Northern Road, Penrith, to alleviate traffic queuing onto the M4 at this location.

RECOMMENDED

That the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed, the time being11:25 am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 May, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                     27 May 2013

A Leading City

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 13 May, 2013

 

 

 

PRESENT

His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

 APOLOGIES

Apologies were received for Councillors Jim Aitken OAM and Greg Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 15 April 2013

The minutes of the Policy Review Committee Meeting of 15 April 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Investment Policy                                                                                                               

RECOMMENDED

That:

1.     The information contained in the report on Investment Policy be received.

2.     Council adopt the proposed changes to the Investment Policy.

 

A Liveable City

 

2        Further Review of the Suitability & Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area                                                                                

RECOMMENDED

That:

1.     The information contained in the report on Further Review of the Suitability & Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area be received.

2.     Council’s “Guidelines for Engineering Works for Subdivisions and Developments (1997)” be further amended to specify that the design life of all pipe systems is to be 100 years.

 

 

A Vibrant City

 

3        Moveable advertising and signage on Council land                                                        

RECOMMENDED  that the matter be deferred to the next Councillor Briefing.

 

There being no further business the Chairperson declared the meeting closed the time being 7:45 pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 May, 2013 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

A Leading City

 

1        Organisational Performance Report - Quarterly Review March 2013                               1

 

2        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014                                                                                                                           6

 

3        Summary of Investments & Banking as at 30 April 2013                                                20

 

A City of Opportunities

 

4        Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith Applicant: Nor'side Investments Pty Ltd;  Owner: Nor'side Investments Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     27

  

A Liveable City

 

5        Implementation of the Penrith Litter Management Strategy                                           59

 

6        Penrith City Centre Public Domain Masterplan                                                               68

 

7        Funding for Playgrounds in South Penrith and Jamisontown                                          73

 

8        Playground Equipment in Applegum Reserve, Glenmore Park                                       78

 

9        NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13                                                                                                                             81

 

10      Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge                              83

 

11      Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys                                                                                               86

 

12      NSW Local Infrastructure Fund                                                                                      89

 

13      Tender Reference 12/13-03 Provision of Hired Plant & Equipment                                92

 

14      Community Building Partnership 2012-2013                                                                   97

 

15      Aquatics Joint Governance - Constitution for Company                                               107

         

 

URGENT

 

17      Residents' concerns - Hornseywood Avenue, Penrith                                                   133

 

A Vibrant City

 

16      Mondo Community Safety and Youth Engagement Project - funding opportunity     123

 

 


A Leading City

 

Item                                                                                                                                                Page

 

1        Organisational Performance Report - Quarterly Review March 2013                               1

 

2        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014                                                                                                                           6

 

3        Summary of Investments & Banking as at 30 April 2013                                                20

 

 



Ordinary Meeting                                                                                                     27 May 2013

A Leading City

 

 

1

Organisational Performance Report - Quarterly Review March 2013   

 

Compiled by:               Geraldine Brown, Budget Accountant

Andrew Moore, Financial Services Manager

Allegra Zakis, Acting Corporate Development and Sustainability Manager

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

Ruth Goldsmith, Group Manager - Leadership   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that manages its finances, services and assets effectively (4)

Strategic Response

Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

       

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program and one year Operational Plan for the period of 1 January 2013 to 31 March 2013.  The report should be read in conjunction with the Organisational Performance Report – Quarterly Review March 2013 (Attachment 1), which records our progress in implementing the organisation’s operating and capital projects.

 

Council’s commitment to strong budget controls has seen the deficit that was projected in December 2012 addressed.  The March Quarter has resulted in a surplus for the quarter of $355,145 and a full year surplus of $17,904.

 

This report recommends that the Organisational Performance Report is received, and also recommends that the revised budget estimates identified in the report and detailed in Attachment 1 is adopted.  A copy of the Organisational Performance Report has been provided separately to Councillors.

Project Performance Summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the 3 months from 1 January 2013 to 31 March 2013.  At 31 March 2013, 95% of Council’s 233 capital and operating projects were ‘on target’ or ‘completed’. Table 1 below provides a performance summary which demonstrates that Council is successfully delivering this year’s projects.

Table 1 – Summary of Organisational Performance (Projects) at 31 March 2013

January – March
2013

Completed

On Target

Attention Required

At Risk

Totals

Capital Projects

45

76

2

 

127

Operating Projects

14

76

6

0

96

 

59

152

12

0

233

Detailed comments on the 12 projects which were identified as ‘requiring attention’ are in Attachment 1. Whilst there have been unexpected delays in aspects of these projects, which has impacted on their delivery within 2012-13, they are generally expected to be completed in the early part of 2013-14.

Organisational Highlights

There were notable achievements and completed projects during the three months from July to March 2013.  These include:

·    The Digital Economy Strategy and Digital Hubs Program was officially opened by the Prime Minister Julia Gillard and Senator Conroy on the 7 March 2013.

·    Park improvements and upgrades included reconstruction of playing fields at Parker Street Oval (2), Shepherd Street Park (3) and Blue Hills Oval (2)  and the provision of100 lux floodlighting at Peter Kearns Oval

·    A major city promotional program was undertaken at the recent Rowing Down Under event which included the launch of an investment prospectus and supporting promotional material.

·    A commendation for the Mondo Community Safety Project at the Western Sydney ZEST Awards.

Financial Position Summary

Council delivered a balanced budget in the adoption of the 2012-13 Operational Plan, and in doing so also reserved capacity to address any variation in the assumptions built in the budget. The September and December quarters presented a number of significant challenges, including reduced income through a reduction to the Financial Assistance Grant ($667,292) and additional costs relating to the Ripples Roof Replacement project ($246,288), additional subsidy funding requested by Ripples ($263,876) as a result of the extended closure of the Centre during the Roof Replacement, additional costs for the Australia Day event ($75,000), and a reduction in compliance certificate income ($108,000). These variations exhausted Council’s reserved capacity and following the December Review a full year deficit of $337,241 was projected. It was noted that a strong focus on controlling costs and actively managing programs would position Council to challenge the projected budget deficit with a view to re-establishing a balanced budget for 2012-13.

 

The March quarter has shown the benefits of this strategy with a return to a small surplus of $17,904 now projected for 2012-13.  This result for the quarter comprises mainly positive variations to the original budget and has resulted from a strong focus on controlling costs which will continue for the remainder of the year. The most notable variations for the quarter are additional rates income ($147,220), and savings relating to operational budgets in Library Services ($20,000), Neighbourhood Facilities ($50,000), and security costs ($45,000).

 

In addition, salary savings have been identified in this quarter, and it is considered prudent that these net savings of $320,000 be retained within the employee costs budget at this stage and not be reallocated.  Council is committed to ensuring that sufficient provision is made for Employee Leave Entitlements (ELE) and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2013 Review.

 

Councillors will recall the commentary and assessment of Council’s sustainability by TCorp NSW. This review continues to demonstrate that Council remains in a sound and stable financial position, due in part to the recent SRV which focused on asset renewal and securing the right level of resources to ensure that Council’s current services and service levels can be maintained.  This financial sustainability however has not been achieved without challenges in both the current and recent years. Council’s capacity to accommodate additional priorities can only be achieved through the reprioritisation of current service levels. Future budgets continue to demonstrate Council’s commitment to productivity improvements and this continued pursuit and active management ensures that Council will remain financially sustainable and is building a sustainable long term platform.

 

In addition to these adjustments a total of $2.3m of revotes is proposed as a result of the March Quarter Review as the works are not expected to be completed in the current financial year.  Further details on significant proposed major variations and revotes are provided later in this report with all detailed in the attached Organisational Performance Report –March 2013.

 

This report recommends that the revised budget estimates, including revotes, identified in the report and detailed in Attachment 1Organisational Performance Report – Quarterly Review March 2013 be adopted.

Financial Position for the March Quarter

The financial position of Council for the quarter is expressed by providing information, in compliance with Quarterly Budget Review Statement (QBRS) requirements, on:

·        Budget Position (whether balanced/surplus/deficit)

·        Significant Variations

·        Funding Summary

·        Reserve Movements for the quarter, and

·        Capital and Operating Budget Projects list

·        Key Performance Indicators

·        Income & Expenses

·        Income & Expenses by Program

·        Capital Budget

·        Cash & Investments

·        Contracts and Other Expenses

·        Consultancy and Legal Expenses

Budget Position

 

$000s

Original Budget Position

0

September Quarter Variations

0

December Quarter Variations

(337.2)

March Quarter Variations

0

March Review Variations

355.1

Revised Surplus/(Deficit)

17.9

The predicted cumulative result for the year as at March 2013 is a small surplus of $17,904 after the recommended variations for the quarter are accommodated. Commentary is provided below on some of the more significant issues in the review with further details together with all proposed major and minor variations, and reserve movements detailed in Attachment 1Organisational Performance Report – Quarterly Review March 2013.

 

Salary Savings - $352,241 F (0.4%)

During the third quarter of 2012-13 salary savings have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. 

 

It is proposed that as part of the March Review that salary savings, net of those being retained within budgets, totalling $320,000 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for retirements and resignations.  Council is committed to ensuring sufficient provision is made for Employee Leave Entitlements (ELE), once current year payments have been provided for and any surplus funds will be transferred to the ELE Reserve as part of the June 2013 Review.

 

Rates - $147,220 F (0.16%)

New valuations have been received for subdivisions located in Caddens and Jordan Springs release areas that have resulted in additional rates income.  This variation revises rates income for the year to include all income now raised for 2012-13.

 

Neighbourhood Facilities - $50,000 F (5.6%)

Current year efficiencies in operational budgets for neighbourhood facilities have resulted in savings that are proposed to be returned to general revenue as part of the March Quarterly Review.

 

Building Operations - Security - $45,000 F (22.5%)

Expenditure on Security in the building operations function has been lower than originally budgeted as a result of lower rates achieved under the latest security contract. Public Domain staff are currently working to ensure a sufficient service level continues to be provided in all locations. A portion of the budget is proposed to be returned to general revenue as part of the March Quarterly Review.

 

Library – Equipment Rental and Maintenance - $20,000 F (68.7%)

The recent replacement of two microreaders has resulted in maintenance savings in the current year and now can be returned to general revenue as part of the March Quarterly Review.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance Report – March 2013. In addition to these adjustments a total of $2.3m of planned capital and operating projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed March Quarter revotes) is $2.7m, compared to $1.9m for the same period in 2011-12.

Conclusion

The Organisational Performance Report – Quarterly Review March 2013 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s challenging annual program.  Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a small surplus being projected to June 2013.

 

The review documents will be placed on Council’s website, and will also be available to the public in hard copy and CD versions on request.  The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in the attached  Organisational Performance Report – Quarterly Review March 2013.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Performance Report - Quarterly Review March 2013 be received.

2.     The Organisational Performance Report - Quarterly Review March 2013 as at 31 March 2013, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – Quarterly Review March 2013 be adopted.

 

ATTACHMENTS/APPENDICES

1. View

Organisational Performance and Financial Review Summary

50 Pages

Attachment

  


Ordinary Meeting                                                                                                     27 May 2013

A Leading City

 

 

2

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

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

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW and for reviewing categories of Councils every three years.

 

In 2013 the Tribunal did not undertake a review of categories and as such Penrith City Council remained categorised as a “Metropolitan Major” Council along with Blacktown City Council. It is interesting to note that the determination for the remuneration of those Councillors that fall within the next highest Category of “Major City” (and there are three Councils that fall within this Category, being Newcastle City Council, Parramatta City Council and Wollongong City Council) are the same as the two Councils that are in the Category “Metropolitan Major”.

 

The Tribunal has advised in its report that, while submissions were not called for this year, it still received a total of 3 submissions including one from Penrith City Council which reaffirmed Council’s support for its current categorisation and the approach to the setting of Mayor and Councillor Fees.

 

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011.  The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Labour Price Index, the Tribunal found that the full increase of 2.5 per cent available to it is warranted and so determined.

 

Background

The Tribunal is constituted in accordance with the Local Government Act 1993. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each Category.

 

The Tribunal is required to make an annual determination by no later than 1 May each year, which takes effect from 1 July in that year.  Section 239 of the Local Government Act 1993 also requires that the Tribunal must determine Categories of Councils and Mayoral offices at least once every 3 years.

 

In 2009, the Tribunal undertook a review of categories and found that there was no strong case to significantly alter the current categories of Mayoral offices and Councillor. The Tribunal did however decide to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” (instead of the previous 1A) being “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”. Council has maintained this category to date.

 

Current 2013 Review

On 3 December 2012 the Tribunal wrote to all Mayors advising of the commencement of the 2013 annual review of the minimum and maximum fee levels for each category. At this time the Tribunal also advised that it would not be reviewing the categories during the review this year.

 

This year the Tribunal acknowledged that it is aware of the initiatives currently underway to strengthen the effectiveness of local government in NSW, including:

 

·    The Independent Local Government Review Panel Work

o Destination 2036

o Future Directions Paper

·  The appointment of the Local Government Acts Taskforce to review the Local Government Act 1993 and the City of Sydney Act 1988.

 

The Tribunal has acknowledged that these reviews will not be finalised at the time of the Tribunal making its determination.

 

Local Government Remuneration Tribunal Determination for 2013

On 8 April 2013 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the ensuing year (1 July 2013 to 30 June 2014). A full copy of the Tribunal’s Report and determination can be found appended to this Report.

 

The Tribunal has advised that despite not calling for submissions from individual Councils that three general submissions were received (including one from Penrith City Council) in addition to a submission from Local Government NSW. The Tribunal’s Report highlights that the submissions received supported the full increase in the fees payable to Mayors and Councillors being passed on. The submissions also addressed the following issues:-

 

· Benchmarking mayoral and councillor fees with that of a State Member of Parliament

·  Professional remuneration structure for councillors to improve accountability and performance

·  The impact the current reform initiatives will have on the role and responsibilities of Mayors and councillors

 

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011.  The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

After consideration of the abovementioned legislation and taking into account the key economic indicators including the Consumer Price Index and Wage Index the Tribunal found that the full increase of 2.5 per cent available was warranted.

 

Mayor and Councillor Fees for 2013/2014

The Council’s Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”. In respect of the Deputy Mayor the Council’s Policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

 

The Tribunal does not set a fee for a Deputy Mayor; however it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

 

It has also been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2013/2014 are based on this practice continuing.

 

The Tribunal has determined the following range of fees for the Category of “Metropolitan Major” Councils (Blacktown and Penrith):

 

Councillor Annual Fee – Minimum $15,880 & Maximum of $26,220

Mayor Additional fee* - Minimum $33,760 & Maximum of $76,390

*This fee must be paid in addition to the Mayor as a Councillor

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014 be received.

2.     The fees payable to the Mayor and Councillors for 2013/2014 be set at the maximum level permitted.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1. View

Local Government Remuneration Tribunal Determination 2013/2014

10 Pages

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Local Government Remuneration Tribunal Determination 2013/2014

 











Ordinary Meeting                                                                                                     27 May 2013

A Leading City

 

 

3

Summary of Investments & Banking as at 30 April 2013   

 

Compiled by:               Pauline Johnston, Revenue Accountant

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that manages its finances, services and assets effectively (4)

Strategic Response

Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

       

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 April 2013 to 30 April 2013 and a reconciliation of invested funds at 30 April 2013. The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2013.

Vicki O’Kelly

Responsible Accounting Officer

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking as at 30 April 2013 be received.

2.     The Certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2013 to 30 April 2013 be noted and accepted.

3.     The graphical investment analysis as at 30 April 2013 be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Summary of Investments

 




 


A City of Opportunities

 

Item                                                                                                                                                Page

 

4        Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith Applicant: Nor'side Investments Pty Ltd;  Owner: Nor'side Investments Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     27

 

 



Ordinary Meeting                                                                                                     27 May 2013

A City of Opportunities

 

 

4

Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith  Applicant:  Nor'side Investments Pty Ltd;  Owner:  Nor'side Investments Pty Ltd    

 

Compiled by:               Gurvinder Singh, Senior Environmental Planner

Authorised by:            Colin Wood, Acting 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)

      

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

 

Executive Summary

Council is in receipt of a development application for the demolition of two existing dwellings on-site and construction of a child care centre. The land is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan 1998 (Urban Land) and a child care centre is permissible in the zone with Council’s consent. The application is reported to Council due to the extent of submissions.

The key matter relating to the proposed development is economic impact on an existing child care centre located around 16m east of the site at No.164 Stafford Street, Penrith. This matter is addressed in detail in this report.

The development application was placed on public exhibition from 20 August to 3 September 2012 and twenty five submissions were received. A petition signed by seventy eight residents was also received. The concerns raised in those submissions and petition are addressed in this report.

The application is accompanied by an objection under State Environmental Planning Policy No.1 - Development Standards, regarding the minimum landscaped area required for the proposed development. The objection is addressed in this report.

 

An assessment of the proposed development has been undertaken under Section 79C of the Environmental Planning and Assessment Act 1979. Council’s Community, Engineering, Traffic, Health and Environment Sections have been consulted and the development application is recommended for approval.

Background

The applicant attended a pre-lodgement meeting with Council Officers prior to the lodgement of the Development Application (DA). The applicant responded to the advice given at that meeting and included information required with the DA. After preliminary assessment of the proposed development and submissions received during public exhibition of the DA, Council Officers sent a letter to the applicant that required them to demonstrate the need for child care services in the local area and further address acoustic impacts on the neighbouring properties and traffic impacts on the road network. These matters were adequately responded to by the applicant and they are addressed in this report. The applicant reduced the number of children to be cared for from 70 to 62 to address parking matters.

Site and Surrounds

The site is located to the south of Stafford Street around 45m west of its intersection with Doonmore Street, Penrith. It comprises two allotments at Nos. 168 and 170 Stafford Street, Penrith. The site is irregular in shape and it has an area of 1593sqm. The site falls from east to west and it also gently falls to the rear of the site. Two single storey dwellings exist on the site. Twelve trees and seven palms exist on the site.

 

A child care centre exists around 16m to the east of the site at No. 164 Stafford Street, Penrith. The surrounding area is established residential having mainly single storey dwellings. Shops are located on Stafford Street around 300m west of the site. A locality plan is included as Appendix 1.

 

The Proposed Development

The proposed development involves demolition of two existing dwellings and construction of a single storey building to be used as a child care centre for 62 children. The age group and number of children to be cared for will be as follows:

 

Age                      Number of Children

 

0 - 2 Years           16 Children

 

2 - 3 Years           16 Children

 

3 - 5 Years           30 Children

 

The proposed hours of operation are 7:00am to 6.00pm Monday to Friday. Access to the child care centre is proposed via a two way driveway from Stafford Street.  Seventeen on-site car parking spaces will be provided. Refer to Appendices No. 2 to 5 for copies of the site plan, floor plans and elevations.

 

The Development Application was accompanied by the following documents:

a)   Statement of Environmental Effects prepared by Building Environments Pty Ltd

b)   Site plan, floor plans and elevations prepared by Building Environments Pty Ltd

c)   Landscape concept plan prepared by Urban Landscape Planners P/L

d)   Traffic Impact Statement prepared by Traffic Solutions

e)   Acoustic Report prepared by Acoustic Logic

f)   Waste Management Plan

g)   Arboriculture Impact Assessment Report prepared by Urban Landscape Planners           P/L.

 

Planning Assessment

The proposed development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters the following issues have been identified for further consideration:

 

Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument

Penrith Local Environmental Plan 1998 (Urban Land)

The subject site is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposal is defined as a ‘Child Care Centre’ which is permissible in the zone with development consent.

 

The proposal has been assessed having regard to the zone objectives as follows:

(i)   To reinforce the importance of the natural landscape settings and areas with heritage conservation value, and

(ii) To protect the character of traditional cottage development and streetscapes, and

(iii)  To consolidate population and housing densities, and

(iv)  To expand housing choices by allowing multi-unit housing with a single storey appearance, and

(v)  To promote a variety of housing types or forms upon the site of each proposed development, and

(vi)  To allow a range of compatible non-residential uses.

The surrounding area is characterised by single dwelling houses with established landscaping and gardens. It does not fall under heritage conservation. The proposed development is single storey and it will maintain the character of the surrounding residential streetscape. A child care centre is a non-residential use however the scale of the proposed childcare centre is compatible with that of the existing single storey neighbouring dwellings.

 

The proposal is consistent with the objectives of the zone.

 

The relevant development standards under the plan are addressed in the following table:

 

DEVELOPMENT STANDARD

REQUIREMENT

PROPOSED

COMPLIANCE

Cl.12 (3) – Building Envelope

1.8 metres from side boundary and 45o height plane

The proposed building envelope is within the required measurement.

Yes

Cl.12 (3) & (5) – External Wall Height

3.5m under Clause 12(3)

External wall height will vary from 2.7m to 3.5m.

Yes

Cl.12 (3) – Landscaped Area

40%

38.6% landscaped area is proposed.

No (See SEPP1)

Cl.12 (4) – Rear Setback

4 metres

The proposed rear setback will vary from 4.04m to 5.6m.

Yes

Cl.14 – Design Principles

§ Protect local topography, streetscape and character.

·    Compatible with scale and design of neighbouring development.

 

 

·    The proposal is a single storey building. It will protect the local topography and setting and maintain the existing streetscape.

·    Height of the proposed building is consistent with the existing neighbouring dwellings.  Scale is not excessive for the area.  Design of the building is compatible with the existing neighbouring dwellings and will not detract from the existing streetscape.

 

Yes

 

Clause 28 – Tree Preservation 

The application seeks approval to remove twelve existing trees located on site. The proposed tree removal is supported by an Arboriculture Impact Assessment Report prepared by Urban Landscape Planners P/L. This report is an assessment of all (19) trees in and around the site.  The report concludes that the trees are an introduced species and only two trees are of moderate to low retention value. This report was checked by Council’s Tree Management Officer who has advised that there is no objection to the removal of the trees except for three trees and at least six trees must be planted on site to compensate for those removed. A condition has been imposed to retain three trees and plant six new trees in accordance with the Officer’s recommendation. (See condition number 3.34)

 

State Environmental Planning Policy No. 1 – Development Standards (SEPP1)

The proposed development does not comply with Council’s development standard relating to the minimum landscaped area of the site. Clause 12(2) of Penrith LEP 1998 (Urban Land) defines the landscaped area of a site as follows:

 

landscaped area, of a site, means that part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.

 

Clause 12(3) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that in the 2(c) Residential (Low-Medium Density) zone the minimum required landscaped area of a site is 40%. The proposed development includes a landscaped area of 38.6% representing a proposed variation from the relevant development standard of 1.4%.

 

The application was accompanied by a written objection to the landscaped area development standard under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Council to approve a development that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

 

The applicant’s SEPP 1 objection in relation to the non-compliance with the landscaped area development standard is reproduced in part below:

 

The development will meet the underlying objectives of the control despite the variation.  The proposal provides adequate deep soil landscaping and building setbacks.

 

Deep soil planting to Stafford Street and the side boundary is allowed for landscaping such that the built form will not dominate.

 

To require compliance would be unreasonable and unnecessary given that adequate on site landscaping and satisfactory building line setbacks and building separations are provided. This development standard is specific for multi-unit housing and not the alternate building form and use permissible with consent.

 

Strict compliance would compromise a practical and logical development outcome.

 

The objectives of the minimum landscape area are to achieve an appropriate separation between buildings, preserve private open space corridors, minimise the impact of loss of privacy, overshadowing and loss of views by requiring sufficient space on-site for effective landscaping. The proposal maintains an open space corridor along the rear fence line in keeping with the adjoining properties. The applicant’s objection is consistent with the aims of the SEPP.  The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum landscaped area would be unreasonable and unnecessary in the circumstances of the case.

Sydney Regional Environmental Plan (SREP) No. 20 – Hawkesbury-Nepean

SREP No. 20 applies to the subject land and stipulates that the consent authority shall not grant consent to a development application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aim of SREP 20.  The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality.  

The proposal will have minimal impacts on the river environment as it will not compromise the water or scenic qualities of the river given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

 

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

No draft environmental planning instruments are relevant to the proposed development.

 

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan

Penrith Development Control Plan 2006

Section 2.2 Crime Prevention Through Environmental Design

Crime Prevention through Environmental Design (CPTED) aims to ensure development is appropriately designed to reduce the likelihood of crimes being committed. By introducing measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management, it is anticipated that this will assist in minimising the incidence of crime and contribute to perceptions of increased public safety.

 

The proposed development provides opportunities for natural surveillance to access points and car parking areas from the windows of the office and staff room.  In order to ensure that a safe environment is provided for the child care centre including the car parking and outdoor play areas, conditions are recommended to enhance the safety and security of all users of the development and to minimise the crime risk associated with the development. These conditions relate to matters such as securing the premises, landscape design and provision of lighting (see condition number 3.2).

 

Section 2.9 Waste Planning

The application was accompanied by a Waste Management Plan (WMP). The WMP has adequately addressed management of waste generated during construction of the building and the ongoing use by the proposed child care use. The design and location of the waste disposal and recycling bin storage area at the rear of the site and its collection at the street is appropriate. In order to ensure that the odour from the waste generated from the childcare centre is managed adequately, it is recommended that the childcare centre have a weekly collection of the waste organised via a private contractor (see condition number 3.3).

There is potential for the proposed construction works to generate significant levels of dust. The following conditions (see condition number 3.36) are recommended to control dust:

a)   Trucks entering and leaving the site carrying construction materials that may generate dust shall be covered.

 

b)   Stockpiles of soil or other materials shall be covered or sprayed with water on a regular basis, particularly during dry or windy conditions.

 

Section 3.3 Child Care Centres

The relevant development controls under this section are addressed in the following table:

 

 

 

 

Development Controls

 

Requirement

Compliance

Amenity

§ Purpose designed and built if catering for 15 or more children.

 

§ Lot width 22m

 

 

§ Scale and character compatible with surrounding residential development.

§ Yes.

 

 

 

§ Yes. Lot width is 46.62m.

 

§ Addressed under The Likely Impacts in a further section of this report. Design responds to scale and character.

Location

§ No adverse traffic impacts.

§ Addressed under Access, Traffic and Parking. No substantial traffic impacts expected on local road network.

Vehicle Access and Parking

§ 1 car space per 4 children (15.5 car spaces).

 

§ 1 additional car space per staff member where staff members catering for younger or special needs children.

§ Yes. Seventeen car spaces are proposed.

 

§ 1.5 additional carspaces will be provided on site and 7 additional spaces are available on-street at the frontage of the site which exceeds 45m.  This additional provision will accommodate any additional staff if required in the future.

Noise

§ Acoustic fencing.

§ Yes. Acoustic fence to rear and side boundaries is proposed. Addressed under The Likely Impacts in a further section of this report.

Shade

§ Shade to 50% of outdoor play area.

§ Yes

Toilet Facilities

§ 1 water closet fixture per 8 children (8 w.c.).

 

 

 

§ 1 water closet fixture and wash basin per 20 female staff (1 w.c. and a wash basin).

§ No. (7 w.c.). However it complies with the requirements under the National Construction Code.

§ Yes (1 w.c. and a wash basin).

Floor Space

§ 3.25m2 indoor play space per child (201.5m2).

 

§ 7m2 outdoor play space per child (434m2).

§ Yes (268m2)

 

 

§ Yes (505m2)

 

Section 79C(1)(a)(iv) – The Provisions of the Regulations

Council’s Building Section has raised no objection to the proposed development subject to conditions of consent regarding fire safety as prescribed under the Environmental Planning and Assessment Regulation 2000.

 

Section 79C(1)(b) – The Likely Impacts of the Development

Social and Economic Impact and Community Need

A Child Care Centre known as ‘Bright Stars Kindergarten’ is located at No. 164 Stafford Street, Penrith. Concerns were raised by the centre during public exhibition of the development application that the proposed development:

·    does not address the economic impacts on the immediate locality and the broader Penrith LGA community

·    would generate unacceptable traffic impacts on Stafford Street and surrounding street network

·    would generate unacceptable noise impacts on the surrounding residents and occupants of the locality

·    when assessed in conjunction with existing surrounding uses would generate unacceptable cumulative amenity impacts on surrounding residents, including noise and traffic impacts

·    does not adequately provide for car parking and the management of traffic

·    would not be in the public interest.

 

The matter relating to economic impact and related community need is addressed below. Other matters are addressed in a further section of this report.

The applicant was advised by Council Officers that the development application does not demonstrate a need for child care services in the local area and that a community needs analysis shall be prepared and submitted to Council for consideration. Unmet demand in the community could be assessed through waiting lists of centres in surrounding areas, a comparison of the number of children aged 0-5 recorded in the census for the area and the number of child care places available.

 

The applicant’s response to the above matter is partly reproduced below:

 

The proposed child care centre is located in a residential precinct bounded by High Street, Woodriff Street, Jamison Road and Parker Street, Penrith. This residential precinct has mixed residential zonings that permit substantial increase in residential density. The predominant development residential zone is 2(c) Residential (Low-Medium Density). A typical residential parcel of land having the 2(c) zoning generated a two fold increase in density.

 

This entire precinct is undergoing residential growth by way of re-development.

 

There are seven child care centres located in this residential precinct. Of the seven Child Care Centres in this residential precinct, Pasadena Pre- School, Bright Star Kindergarten and Little Learners Pre-School do not offer care for children in the 0-2 Year age range. Of the remaining 4 centres, the large facilities such as Spunkey Monkies and High Street Pre-School offer 0-2 Years accommodation but have no vacancies. Vacancies for 0-2 Year are available at both Nepean Tiny Tots and Penrith Early Learners. Both these centres are smaller cottage based and located in Woodriff Street on the fringe of the residential precinct.

 

Centres that are larger based have greater flexibility and opportunity to allow for multiple age group enrolments for families. That is a family with 0-2 and 2-3 years and 4 year olds are more likely to find bulk enrolments for all siblings on the same days at the same centre.

 

The smaller centres due to their size have limited flexibility in this regard. The medium to large centres which offer 0 – 2 year old care have no vacancies and have waiting lists.

 

The proposed development at No. 168 Stafford Street offers care accommodation for 0-2 Years, 2-3 Years & 3-5 Years. Our neighbour Bright Star Kindergarten at No. 164 Stafford Street does not offer 0 – 2 year care. There is no conflict with regard to the provision of competing services in this instance. The geographical relationship between the proposed development and the neighbouring pre-school in our view should not be considered as detrimental as each centre is unique in its character and services offered. The three Pre-Schools in Woodriff Street; Little Learners, Nepean Tiny Tots and Penrith Early Learners are grouped together within 6 residential lots with both Nepean Tiny Tots and Penrith Early Learning being neighbours. These child cares centres have co-existed for many years in this geographical relationship and continue to operate.

 

There is a trend towards large based centres which offer a wide range of services and learning options providing opportunities for bulk enrolments for families in all age groups.

 

The proposal is justifiable and meets the objectives with respect to unmet need due to the following:

 

·    The continuous increase of residential densities in the nominated precinct

·    The increased population densities generating families which will require community based services

·    The clear need for Child Care facilities for 0-2 Year olds

·    The lack of 0-2 Year accommodation in the existing pre-schools within the eastern sections of the residential precinct

·    The need for larger centres that offer a full range of Child Care services

·    The need to provide multiple enrolments for siblings in the same centre.

 

The application was referred to Council’s Community Services Section for advice on community need for the proposed child care centre and related social and economic impacts on the locality particularly any impacts on ‘Bright Stars Kindergarten’. The Section provided a commentary which is reproduced below:

 

Unmet Need

From a social planning perspective, the proposed child care centre does meet some of the unmet child care needs of Penrith.   It is a well known fact that there is an acute shortage of 0-2 child care places in the Penrith Local Government Area.  The proposed centre will provide 16 places for the age group 0-2.

 

The argument put forward by the applicant that a larger centre will provide greater opportunity to allow multiple age group enrolments for families is a valid one.

The Child Care Centre at No. 164 Stafford Street Penrith does not offer 0-2 year care.

 

Nature of Child Care Industry & Impacts of the Proposed Development in its Locality

The submission received during public exhibition of the DA argued that the establishment of another child care centre next door would have a detrimental economic impact on the community as child care centre is a “community facility” and child care centres should not be considered as a private business as they do serve important community functions. 

 

Privately owned child care centres are private businesses that provide a specific service for the customers with fees attached.  Similar to other private businesses, the bottom line for each privately owned child care operator is to make a profit for the business to sustain. It is acknowledged that privately owned child care centres provide essential services for families who require child care.  However they are not different from other private businesses such as doctors’ surgery, pharmacy, bakery, retail stores which all provide specific services required by the local community with fees attached.

 

In terms of economic impact in the locality, it is important to take a broader approach instead of merely focusing its likely impact on the existing businesses.  The proposed development will deliver some positive impact for the local community.  By accessing quality child care, it will assist some parents to enter/re-enter the workforce.  The proposed child care centre will provide additional employment opportunities for the local residents.   The presence of a number of child care centres in the vicinity will provide parents with a choice as each centre is unique in its services offered and the fees charged by each centre vary.

 

Current Supply of Child Care

The submission claimed that “there has been a proliferation of Child Care Centres in Penrith LGA to the detriment of the community at large. The following figures were quoted:

 

·    16 Centres in the suburb of Penrith, including South Penrith

·    68 Centres within a 5 kilometre radius

·    78 Centres with a 10 kilometre radius

·    129 centres within a 15 kilometre radius

It is not clear how these figures were obtained as there is no reference to the source of the information. According to the “Marketing Plan Children’s Services” prepared by Council’s Children Services Department,  at present, there are a total of 112 child care services operating in the Penrith LGA. The centres offer the following services:  Long Day Care, Before School Care, After School Care and Vacation Care.

 

A “Viability Report” was presented to Council as part of the submission prepared by the consultant representing Bright Stars Kindergarten 164 Stafford Street Penrith.  The report argued that there is currently an oversupply of child care centres in the Penrith LGA.  The conclusion is based on the data available on federal government website (www.mychild.gov.au).

 

There are serious shortcomings in using the vacancy number appeared on this website to conclude there is oversupply of child care services in certain area.  The figures shown on my child website is based on the number self reporting by individual centres.   The information on the website has caused confusion to parents because centres are not required to say whether they have waiting lists.

 

Instead of relying on the self reporting figures provided by individual centres,  it is more credible by referring to the waiting list compiled by Council.   Though the waiting list only covers Council owned child care centres, it can serve as a good indication of the current supply and demand of child care in Penrith as Council has the largest market share of child care provision in the LGA.

 

Though there is no Council owned child care centre operating in Stafford Street, the waiting list of Council owned child care centres at South Penrith can be a good reference to gauge the current demand for child care in that locality.  There are three Council run child care centres at South Penrith i.e. Carita Long Day Care(LDC) ; Platypus Playground Long Day Care and Jamisontown Long Day Care.

 

The waiting list for these three centres is as follows:

 

Centre

Applications

Carita Long Day Care

70

Platypus Playground Long Day Care

73

Jamisontown Long Day Care

76

 

Waiting lists for other centres in Penrith LGA is provided in Appendix 6 of this report.

 

From a social planning perspective, the proposed development will meet some of the child care needs of the Penrith area.  Currently, there is a serious shortage of 0-2 care.   Census 2011 figures indicated that there were increase of the babies and pre-school age groups (0-4) since 2006.  The waiting list compiled by Council confirmed there is a need for more child care places for Penrith.

 

It is understandable the proposed development has drawn strong objections from the owners of the Bright Stars Kindergarten who are concerned of the direct competition from the proposed development.  The matter relating to direct competition is not a relevant matter in the assessment of the development application.

 

 

Access, Parking and Traffic

Access to the site is proposed from Stafford Street through a 6m wide driveway. Council’s Senior Traffic Officer has reviewed the subject application in respect of parking, traffic generation and access arrangements and concludes the following:

 

·    The traffic movements into/out of the site would yield some 53 additional movements per peak hour (two-way). Although the proposal does produce a minor consistent increase in local traffic flow, no adverse traffic generation impacts are expected from the development and it is anticipated that the local road network has adequate spare capacity to cater for this increase.

 

·    The parking requirements for the site based on Council’s DCP, yields a requirement of 15.5 spaces (62 children / 4 = 15.5). As 17 spaces have been provided, the requirements of the Parking DCP are met. A condition is recommended to ensure that all car parking and manoeuvring is in accordance with AS2890.1-2004; AS2890.6-2009 (see condition number 3.4).

 

·    Sight distance and access arrangements are acceptable for both directions of travel in Stafford Street.

 

The site is 46.62m wide which can accommodate additional 7 on-street car parking spaces. Any on-street parking that may occur would be during peak periods drop-off/pick-up periods for the centre and given that Stafford Street is a 50km/hr local road speed zone with ample sight distances some on-street parking is acceptable.

 

Noise Impacts

The application was accompanied by an acoustic report prepared by Acoustic Logic which provided a review of the potential noise impacts from the proposed child care centre. Council Officers reviewed that report and found some shortcomings. Council Officers wrote to the applicant and advised them that ‘the report stated that a maximum of 8 children between the ages of 3-5 would be in the outdoor play area at certain times, which indicated that a child of this age group would only be allowed outside for half an hour in a given day.  Eighteen 2-3 year olds would all have to be outside between 11 and 12 noon for 15 minutes each. This seemed quite unlikely and further explanation was needed regarding this aspect.’

 

The applicant submitted a revised acoustic report that included recommendations to mitigate acoustic impacts. The key recommendations of this report are provided below.

 

·    Install a minimum 2.2m high acoustic screen along the eastern and southern boundaries of the playground.

·    Install a minimum 2.2m high acoustic screen along the western and southern boundaries of the carpark.

·      The age groups of children have been spilt with sixteen (16) 0-2 year olds and sixty (60) 3-5 year olds. The use of the outdoor play area is limited to sixteen 0-2 year olds and groups of twenty 3-5 year olds.

·    The doors for internal play areas shall be closed when children are playing indoors, unless the indoor play period is a substitute for outdoor play.

·    Signs reminding staff and visitors to minimise noise at all times shall be installed at

ingress/egress points from the child care centre.

·    Management is to ensure children are supervised at all times to minimise noise generated by the children whenever practical and possible.

 

Council’s Environment Section has checked the acoustic report and recommended further conditions to mitigate noise impacts from the child care centre. These conditions include:

 

·    The use of the outdoor play areas associated with the Childcare Centre is only permitted to be used between 11:00am and 3:00pm.

·    A maximum of sixteen (16) children aged between 0-2 years and twenty (20) children aged between 3-5 years are allowed to play outside in any one time.

·    The use of a PA system or amplified music is not permitted to be used in the outdoor play area. The use of amplified music within the building shall not be audible from residential boundaries.

·    In order to ensure that all noise related aspects for construction and operational phases are managed a Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of a  Construction Certificate.

·    Within 12 months from the date of issuing the Occupation Certificate, a compliance report is to be prepared by a suitably qualified acoustic consultant to ensure that noise levels from and inside the development meet the noise emissions criteria set in the Noise Report (see condition number 3.16).

Built form and Character

The proposed development is considered to be in keeping with the existing residential character of the area which has predominantly older style single storey dwellings.  The proposed single storey child care centre will blend into the streetscape as it has a built form compatible with single dwellings. A front building setback varying from 5.5m to 6.5m will be provided which is consistent with the streetscape. As such, impacts to the streetscape, local topography and character of the area will be minimal. Landscaping in the form of low shrubs and grass will be carried out in appropriate locations to ensure the green corridor that exists in the immediate area will not be affected in the long term. 

 

Privacy

As the new building will be single storey there are limited opportunities for overlooking from the windows of the building to the neighbouring properties. The 2.2m high fence to the east, west and south of the site will curtail any views to the neighbouring properties. The land is relatively flat and cutting/filling will generally be less than 500mm, which will not impact on privacy matters. 

 

Sunlight Access to Neighbouring Properties

Sunlight access to private courtyards of the neighbouring properties will not be impacted as a translucent fence component is proposed above 1.8m high solid fence.

Section 79C(1)I – The Suitability of the Site for the Development

The subject site is within an established residential area that is zoned for low-medium density housing development. The site is not affected by any overland flows, landslip or movement. It is located close to public transport. Local shops on Stafford Street are located less than 400m from the site. The proposed development has been designed to minimise and mitigate any adverse amenity impacts on the neighbouring properties.  By adopting the recommendations of the Acoustic Report and subject to recommended conditions, the site is suitable for a childcare centre of this scale.

 

 

 

Section 79C(1)(d) – Any Submissions made in relation to the Development

Community Consultation

In accordance with Penrith Development Control Plan 2006, the proposed development was notified to nearby and adjoining residents/owners and advertised in local newspapers with submissions invited from 20 August to 3 September 2012. Twenty five submissions and a petition signed by seventy eight residents were received in response which raised the following concerns:

 

a)   Traffic congestion along Stafford Street and surrounding streets.

 

b)   Pedestrian safety during drop-off and pick-up from “Bright Stars Kindergarten” given the proximity of the proposed development.

 

c)   The number of child care centres is extremely high. A Viability Report is provided that notes the high vacancy rates in most centres in Penrith. ‘Location’ provisions of Council’s DCP for Child Care Centres and express concern that the above matter is not included within those controls. For the purposes of assessing this application, and perhaps also to assist in amending Council’s DCP, we would therefore like to refer to the equivalent DCP controls in neighbouring Councils. The Blacktown approach of not allowing Child Care Centres within one (1) kilometre of other child care centres provides clear direction for potential proponents of child care centre developments.

 

d)   The proposal is for 70 children and Council’s basic requirement is 1 space per 4 children. This equates to a total of 18 spaces. We note though, that clause 10 provides that “1 additional space shall be provided for each additional staff member where child care centres are catering for younger children...” We assume that this means that the “1 space per 4 children” rate is determined on the basis of 1 staff member for 10 children in the 3-6 age bracket. If all the children were in this age bracket, then the 70 children would equate to 7 staff. So by our calculations, the requirement is for 22 spaces. The applicant proposes 17 spaces, a shortfall of 5 spaces.

 

e)   Noise Impacts - We have already mentioned the noise impacts on other local residents arising from traffic congestion and from children and refer to the assessment of noise impacts in the SEE. We have attached an assessment of noise impacts carried out by our consultants that confirms that there are number of matters were either addressed:

·    noise from mechanical plant was not addressed

·    four (4) children (age 2-3) or eight (8) children (age 3-5) playing outdoor at any time is not considered realistic for a child care centre with up to 54 children age 2-5

·    children (age 2-3) playing outdoor for 12 minutes a day and children (age 3-5) playing outdoor for 24 minutes a day is not considered realistic, considering children age 0-2 are allowed to play outdoor for two (2) hours a day

·    vehicle movements in the car-park, adopted for the noise assessment are not considered representative of vehicle movements during the peak hours

·    given the levels of noise our opinion is that it would not be feasible to reduce noise from the proposed child care centre at 168-170 Stafford Street, Penrith to within the assessment objectives under normal operating conditions.

 

f)    The proposed Development Application does not comply with Sun Safety Regulations for children. For the 3-6 age groups – there are 36 children in that group. The applicant has indicated the children will go out in groups of 8 to reduce noise impact. This means the children will go out in a minimum of 5 groups again. If you divide the 5 groups into the designated 2hr block, this only allows 24 minutes of outdoor play for each child per day in the 3-6 year age group. The applicant’s allocated time for children to play outdoors is not appropriate for child development.

The above concerns have been addressed in this report under the headings of ‘Penrith Development Control Plan 2006’ and ‘Section 79C(1)(b) – ‘The Likely Impacts of the Development’. A condition of consent has been imposed that the child care centre shall comply with the requirements of the Children’s Services Regulation 2004 and shall be appropriately licensed by NSW Community Services prior to the commencement of operation.

 

Referrals

The table below summarises the results of internal referrals in relation to the proposal:

 

Referral

Comments

Building Surveyor

No objection, subject to standard conditions.

Development Engineer

No objection, subject to standard conditions and special conditions.

Environmental Officer

No objection, subject to standard conditions and special conditions.

Health Officer

No objection, subject to standard conditions.

Traffic Engineer

No objection, subject to standard conditions and special conditions.

Tree Management Officer

No objection, subject to standard conditions and special conditions.

 

Section 79C(1)(e) – The Public Interest

A childcare centre is permissible in the 2(c) Residential (Medium Density) zone and the proposal meets the aims and objectives of the Penrith Local Environmental Plan -1998 (Urban Land). The proposed childcare centre will provide community benefits by providing a service for 0-5 year olds. Employment opportunities will be increased during construction of the centre. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

Section 94 Contributions

There are no Section 94 contributions applicable to the proposed development.

Conclusion

The proposed child care centre has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  It is consistent with the requirements of the relevant planning instruments and development control plan and is a permissible land use in a 2(c) Residential (Low- Medium Density) zone under the provisions of the Penrith Local Environmental Plan 1998 (Urban Land). In addition to Council’s development controls, the proposal will need to comply with the Children’s Services Regulation 2004. NSW Community Services will determine compliance with this regulation as part of the licensing requirements for the facility based on children and staff numbers.

 

The key issue relating to the proposed development raised in submissions is the impact on an existing child care centre located at No. 164 Stafford Street, Penrith. Council’s Community Services Section has reviewed this matter and has advised that the proposed development will meet some of the child care needs of the Penrith area.  Currently, there is a serious shortage of 0-2 care.   Census 2011 figures indicated that there was an increase of the babies and pre-school age groups (0-4) since 2006.  The waiting list compiled by Council confirmed there is a need for more child care places for Penrith. As the centre at No. 164 Stafford Street does not offer 0 – 2 year care, there will be no conflict with regard to the provision of competing services. The geographical relationship between the proposed development and the neighbouring pre-school may not be considered as detrimental as each centre is unique in its character and services offered.

 

Noise impacts from the proposed centre will be reduced by carrying out acoustical treatment of the boundary fences as recommended in the acoustic report submitted with the development application. The site is suitable for the proposed development. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith be received.

2.     The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards regarding landscaped area development standard under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.     Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith be approved subject to the following conditions:

Standard Conditions

3.1       A001          Approved plans

A008                    Works to BCA requirements

A009                    Residential works DCP

A011                    Engineering works DCP

A012                    Food shop

A019                    Occupation Certificate

A020                    Use of building

A021                    Business registration

A023                   Limit number of children (24)

A026                    Advertising sign

A029                    Hours of operation

A039                    Graffiti

A043                    Air conditioning unit

A046                    Obtain Construction Certificate before commencement of            works

B002                    Australian Standard for demolition and disposal to              approved landfill site and Occupational Hygienist clearance report prior to Occupational Certificate.

                                      B005          Mud/Soil

           

B006          Hours of work

D001          Implement approved sediment and erosion control     measures

D005                    No filling without prior approval

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E001A        BCA compliance (Class 2-9)

E002                    BCA issued to be addressed

E006                    Disabled access and facilities

E009                    Annual fire safety – essential fire safety (Class 2-9                        buildings)

F022                     Commercial kitchens

            G002          Section 73 (not for single dwellings)                

 

G004          Integral Energy

 

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of           construction works

H006                    Implementation of waste management plan

H013                    Further details of building components

H024                    Glass installations to comply with AS 1288

H041                    Hours of construction work

K101          Works at no cost to Council

K202          Roads Act- Minor Works

K203          S138 – Roads Act

K210                    On site detention

K213                    Water quality

K221                    Access car parking and manoeuvring

K501          Roads Authority Clearance

K502                    Works as executed plans

K503                    Stormwater compliance

K504                    Restriction as to user

L001                    Approved landscaping plans

L003                    Landscaping report requirements

L005                    Planting of plant material

L006                    Australian Standard landscaping requirements

L007                              Tree protection measures

L008                    Tree preservation order

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Special Conditions

3.2     The development shall comply with the following community safety              and CPTED (Crime Prevention Through Environmental Design)              matters:

(a)  All gates shall be lockable.

(b)  The landscaping in the form of shrubs to the front of the car parking area shall be low in height. Dense vegetation with concentrated top to bottom foliage shall be avoided. The use of low vegetation will improve surveillance, provide clear lines of sight and avoid concealment areas along the frontage of the site.

(c)  The external lighting facing the driveway area shall have a wide beam of illumination which reaches to the beam of the next light, or the perimeter of the area being traversed (i.e. the car parking area)

(d) Lighting shall be directed towards access/egress routes to illuminate potential offenders as well as the areas where people are most vulnerable

(e)  Lighting shall be contained within the property boundary and no light shall be projected upwards

(f)  Where appropriate, movement sensitive and diffused lights shall be used

(g)  All lighting shall be vandal resistant where practical.

3.3     Waste Management Plan for the development shall be in accordance              with the relevant provisions of Section 2.9 (Waste Planning) of                            Penrith Development Control Plan 2006 and the childcare centre                 component must have as a minimum a weekly collection of the waste                  organised via a private contractor.  

3.4     All car parking and manoeuvring must be in accordance with                          AS2890.1-2004; AS2890.6-2009 and Council's requirements.

                   Appropriate sight lines shall be maintained from the driveway in           accordance with AS 2890.1 (2004)

3.5     Dust suppression techniques are to be employed during demolition                 and construction to reduce any potential nuisances to surrounding                properties.

3.6     The hours of operation for the centre are 7:00am to 6.00pm Monday               to Friday.  The centre is not to operate on weekends or public                        holidays. Staff are not to generate noise that can be heard from an            adjacent premises before 7am.   Deliveries and waste removal are to               occur between 7.00am and 6.00pm Monday to Friday, excluding                    public holidays.

3.7     A maximum of sixty two (62) children are permitted in the centre at               any one time.

3.8     The use of the outdoor play areas associated with the Childcare                      Centre are only permitted to be used between 11:00am and 3:00pm.

3.9     A maximum of sixteen (16) children aged between 0-2 years are allowed to play outside in any one time and twenty (20) children     aged between 3-5 years are allowed to play outside in any one time.

3.10   The use of a public address system or amplified music is not         permitted to be used in the outdoor play area. The use of amplified           music within the building shall not be audible from residential    boundaries.

3.11   The windows and doors of the indoor play rooms are to be kept   closed when children are playing indoors.

3.12   Noise levels from the premises shall not exceed the relevant noise          criteria detailed in the “Noise Assessment” by Acoustic Logic (dated         31/1/2013, refer 20120617.1/3007A/R1/JZ, revision 1).  The          recommendations provided in the above-mentioned documents are to      be implemented and incorporated into the design and construction of        the development, and shall be shown on plans accompanying the     Construction Certificate application.

3.13   A report is to be obtained from a qualified acoustic consultant     certifying that the development meets the relevant noise criteria and          conditions of this consent. This report is to be submitted to the Principal Certifying Authority and Council prior to the issue of an     Occupation Certificate. The provisions of the Protection of the    Environment Operations Act 1997 apply to the development, in terms         of regulating offensive noise.

3.14   A noise barrier is to be provided along all boundaries as      recommended in the acoustic report  entitled “Noise Assessment” by        Acoustic Logic (dated 31/1/2013, refer 20120617.1/3007A/R1/JZ,         revision 1). The noise barrier is to be 2.2 metres in height, of     construction certified by the acoustic consultant.

3.15   Detailed plans and specifications of the sound barrier walls are to be     submitted to Council prior to the issue of a Construction           Certificate.           The walls are to be satisfactorily completed prior to the issue of an     Occupation Certificate.

3.16   Within 12 months from the date of issuing the Occupation Certificate,           a compliance report is to be prepared by a suitably qualified      acoustic consultant to ensure that noise levels from and inside the          development meet the noise emissions criteria set in the “Noise Assessment” by Acoustic Logic (dated 31/1/2013, refer     20120617.1/3007A/R1/JZ, revision 1). 

                                           A Compliance Report on this testing is to be prepared using the test                      data and it is to determine whether the noise emissions criteria for the                      development are being complied with and whether any mitigation                        works are required.

                                 This report is to be prepared and provided to Council within sixty                            days of the testing. The report is to be approved by Council, with any                       recommendations being implemented in accordance with the                                   approved report within twenty-one days from the direction of Council                          unless otherwise specified by Council.  If Council is not the certifying                              authority for this development, the report is required to be provided to                            Penrith City Council for approval.

                       

                        3.17   A Noise Management Plan (NMP) is to be prepared and submitted to                      Penrith City Council for consideration and approval prior to the                                issue of an Occupation Certificate. The NMP shall be prepared by                         a suitably qualified consultant and may need to be amended to                               include the any comments provided by Council. The NMP is to:

 

              a)       address all noise related aspects of the development's                                        construction and operational phases, including:

 

               i)       how the restriction on the number of children playing                             outside  will be managed; and

               ii)      a schedule describing the times of outdoor play for each                        group of children; and

               iii)     the management of visitors in the carpark attending the                          site picking up/dropping of children.

 

                                      b)      Address the relevant conditions of this consent

 

                                      c)       Recommend any systems/controls to be implemented to                                                        minimise the potential for any adverse noise impact(s).

 

              d)      Incorporate a program for ongoing monitoring and review to                           ensure that the NMP remains contemporary with relevant                                       environmental standards.

                                           The approved Noise Management Plan is to be implemented and                           complied with at all times.

 

                                  3.18   Appropriate signage is to be provided to the carpark and entrance of                     the centre requesting patrons to minimise noise and protect the                                 amenity of the surrounding neighbourhood. Prior to the issue of an                             occupation certificate a suitable signage plan is to be submitted to                              Council for approval. The signage plan is to provide details on the                        location, sizing and wording of the proposed signs. The signs are to                       be erected prior to the issue of an occupation certificate.

 

                                  3.19   A public contact number is to be displayed on the childcare centre                         signage and this phone line must be operational during business                                hours.  A complaint register is to be maintained and must include                     complaint details and any actions taken to address those complaints.                       A copy of the complaint register is to be provided to Council upon                           request.

 

                                  3.20   In the event of on going noise complaints relating to the development                   being received by Council, the owner and/or occupier of the                                     development maybe required by Council to obtain the services of a                           suitably qualified acoustic consultant to undertake a noise impact                              assessment on the development to address the concerns of the                               community. The noise impact assessment report is to be prepared and                    provided to Council within 45 days of being requested. The                                     assessment report is to be approved by Council, with any                                            recommendations being implemented in accordance with the                                approved assessment report.

 

                                  3.21   Prior to the issue of the Occupation Certificate, a lighting system shall                   be installed for the development to provide uniform lighting across                          common areas and driveways.

 

                                 Exterior lighting shall be located and directed in such a manner so as                       not to create a nuisance to surrounding landuses. The lighting shall be                     the minimum level of illumination necessary for safe operation. The                              lighting shall be in accordance with AS 4282 “Control of the                               obtrusive effects of outdoor lighting” (1997).

 

                       3.22   A designated hand wash basin must be supplied within the food                            preparation area for hand washing only. It must be supplied with                              warm water through a common spout in compliance with AS 4674-                        2004 and Food Safety Standard 3.2.3. The hand wash basin must also                        be supplied with soap and paper towel. The hand wash basin must be                       hands free as required by AS 4674-2004. If there is a separate bottle                     preparation area within the Centre then it must also be supplied with                        an additional hand wash basin supplied with warm water through a                          common spout.

 

                        3.23   The garbage area must be constructed and maintained in accordance                               with the requirements of Food Safety Standard 3.2.3 and the                                   Protection of the Environment Operations Act 1997. Specifically,                          external garbage storage areas are to be paved, graded, drained to a                             waste disposal system and provided with a hose tap to facilitate                               cleaning.

 

                      3.24   If the Centre wishes to utilize a dishwasher to sanitise food utensils                            and equipment, it must be capable of reaching 80oC for 2 minutes,                                     75oC for 10 min or 70oC for 15 min in the rinse cycle as required by                              A S4674-2004.

 

                      3.25   As required by AS 4674-2004, mechanical ventilation shall be                                     provided in accordance with AS1668 Parts 1 & 2 to the dishwasher if                               it vents steam into the surrounding area to the extent that there is, or                                      likely to be, condensation collecting on walls and ceilings. If required,                                   the installer of the exhaust system shall certify and submit appropriate                                       documentation to Council prior to the issuing of the Occupation                                Certificate that the system has been installed in accordance with                                 AS1668.

 

                      3.26   All floors within the food business are to be constructed, finished and                        appropriately coved in accordance with AS 4674 – 2004.

 

                      3.27   All walls within the food business are to be of solid construction and                          finished in accordance with AS 4674 – 2004.

 

                      3.28   The ceiling is to be constructed in accordance with AS 4674 – 2004.                           Please note drop-in panels are not permitted.

 

                      3.29   The premise is to be proofed against the entry of pests in accordance                           with AS 4674 – 2004.

 

                      3.30   In addition to the hand wash basin located in the food preparation                              area, a hand wash basin with warm water through a common spout in                                compliance with AS 4674-2004 and Food Safety Standard 3.2.3 must                                be installed within or immediately adjacent to the toilet. This hand                                     wash basin must also be supplied with soap and paper towel.

 

                      3.31   Wastewater generated from mop buckets, cleaning mops and other                             cleaning activities must be disposed of in a cleaner’s sink or other                                      approved facility.

 

                      3.32   A food business notification reference number shall be obtained from                         the NSW Food Authority prior to commencement of business                                            operations and a copy of the notification shall be submitted to                                             Council. Notification can be completed on the NSW Food Authority’s                               Food Notify website at www.foodnotify.nsw.gov.au.

 

                      3.33   A satisfactory inspection from Council’s Environmental Health                                   Department will be required prior to the issuing of the Occupation                                     Certificate and operation of the business. The occupier is to contact                                  the department to organise an appointment.

 

                      3.34   The recommendations of the Arboriculture Impact Assessment Report                        prepared by Urban Landscape Planners P/L shall be complied with.                                   The trees required to be retained in accordance with this report shall                                      be retained and at least 6 trees shall be planted on site to compensate                                    for those removed.

 

                      3.35   The child care centre shall comply with the requirements of the                                    Children’s Services Regulation 2004 and shall be appropriately                                          licensed by NSW Community Services prior to the commencement of                                  operation.

 

                      3.36   Trucks entering and leaving the site carrying construction materials                             that may generate dust shall be covered. Stockpiles of soil or other                                    materials shall be covered or sprayed with water on a regular basis,                                      particularly during dry or windy conditions.

 

4.       Those who made submissions be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix

3. View

Floor Plan

1 Page

Appendix

4. View

Elevation Plan

1 Page

Appendix

5. View

Waiting List

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Locality Map

 


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 2 - Site Plan

 


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 3 - Floor Plan

 


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 4 - Elevation Plan

 


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 5 - Waiting List

 

 


 

 

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

 

5        Implementation of the Penrith Litter Management Strategy                                           59

 

6        Penrith City Centre Public Domain Masterplan                                                               68

 

7        Funding for Playgrounds in South Penrith and Jamisontown                                          73

 

8        Playground Equipment in Applegum Reserve, Glenmore Park                                       78

 

9        NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13                                                                                                                             81

 

10      Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge                              83

 

11      Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys                                                                                               86

 

12      NSW Local Infrastructure Fund                                                                                      89

 

13      Tender Reference 12/13-03 Provision of Hired Plant & Equipment                                92

 

14      Community Building Partnership 2012-2013                                                                   97

 

15      Aquatics Joint Governance - Constitution for Company                                               107

         

         

URGENT

 

17      Residents' concerns - Hornseywood Avenue, Penrith                                                   133

 

 



Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

5

Implementation of the Penrith Litter Management Strategy   

 

Compiled by:               Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:            Yvonne Perkins, Public Domain Amenity and Safety Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

This report provides information on the implementation of a Litter Management Strategy for Penrith City Council. The development of the strategy has been led by the Public Domain Amenity and Safety Department and will be delivered by a number of services of Council. The draft strategy was presented to Councillors at a Councillor Briefing Session on 22 April 2013. The report recommends that the information contained in the report on Implementation of the Penrith Litter Management Strategy be received.

Background

Litter is one of the most visual forms of pollution and a cause of wasted resource allocations and is a growing challenge for most local councils. In recent years, as is the case for a number of other metropolitan areas, there has been an emergence in increased levels of litter across the City.

 

According to the NSW Office of Environment and Heritage (OEH), the litter problem is increasing for a number of local Councils as new sources of litter are becoming increasingly evident. Changing consumer patterns in relation to take-away food and increased use of advertising materials are examples of activities that now impact on litter. Lifestyles have also changed - we are busier, engage in more snacking and grazing and are increasingly relying on fast foods. This means more potential for litter in more places, more often (NSW Office of Environment and Heritage, 2012).

 

The need to address the emerging issue of litter is identified by Penrith City Council in the 2012-2013 Operational Plan and was identified in the Special Rate Initiative that was approved by Council in 2011.

 

In addition to its impact on the visual and aesthetic value of our local environment, litter has significant environmental, social, hazardous and economic impacts. Similar to the issue of graffiti, it is widely recognised that no single approach can address the issue of litter in isolation. Litter is a problem requiring a range of coordinated strategies and programs, a number of which are already being implemented to reduce levels of litter across the City.

 

A proposed key area from the Draft Penrith Community Safety Plan 2013-2016 is Public Space Offences. As littering is a public space offence, the Litter Management Strategy will be incorporated into the Community Safety Plan in much the same way as Council’s City Wide Graffiti Minimisation Strategy.

 

Some of Council’s more recent litter reduction efforts include:

 

Litter Patrol Crew

As part of the Special Rate Initiative approved in 2011, an additional $190,000 was provided for enhanced public domain maintenance, including the provision of a new Public Domain Maintenance Unit that specifically addresses small litter removal from identified hot spots throughout the City, referred to as the ‘Litter Crew’.

 

The two person crew operates on a two (2) week cycle which aims to target high-profile areas and known litter ‘hotspots’ on a 9-day fortnightly basis.

 

The crew collects ‘little litter’ items such as food packaging, drink containers, cigarette butts, papers and other small common litter items.

 

Since the commencement of the Litter Crew over 12.5 tonnes of litter has been collected from public space locations across the City, with an average of 1.2 tonnes collected per month. This is litter that would otherwise likely end up in our stormwater system and catchment areas. 

 

Partnership with NSW Department of Corrective Services

Council’s Public Domain Maintenance service has expanded the existing Community Agency partnership with the Penrith District Office of the NSW Corrective Services to include the weekly collection of litter from the sides of a number of major roads across the City.      

 

Trials of ‘bird proof’ litter bins

At some locations across the City it has been identified that bins which are easily accessible by birdlife were contributing to the spilling of litter onto public spaces. New bin designs have been trialled in the walkway of the public space area outside Westfield Penrith Plaza and the Joan Sutherland Performing Arts Centre. The bins have been successful in preventing birds from spreading litter although they do have higher maintenance needs due to the bins being more susceptible to food and drink spills. 

 

NSW Litter Prevention Initiative

Over the past 12 months Council staff have been participating in stage 1 of the NSW Litter Prevention Initiative. The initiative is coordinated by the NSW Office of Environment and Heritage and aims to assist councils to develop their own strategies in response to litter. A total of 22 councils and groups across NSW, including Penrith City Council, have been selected to participate in stage 1 of the initiative following a call for Expressions of Interest advertised in May 2012.

 

As part of the initiative, the OEH has recently announced grants for $25,000 in funding for councils to implement local litter prevention projects.

 

Whilst these are some of the more recent efforts to address the issue of litter, there are a number of other projects and services delivered across Council which continue to play a role in litter prevention and reduction. These include annual Clean Up Australia Day events and education programs delivered by Council to local schools to educate students about the impacts of litter on our stormwater systems.

 

It is also recognised that there is scope for a greater role for the local community to play in litter prevention, and that Council is best placed to play a lead role in encouraging greater community involvement in, and responsibility for, litter prevention. 

 

The Penrith Litter Management Strategy (refer Attachment 1) therefore incorporates existing litter reduction efforts whilst providing scope for the identification of new opportunities, programs and partnerships to assist in litter reduction across the city.  

 

Penrith Litter Management Strategy

The Penrith Litter Management Strategy contains five (5) key modules to facilitate the integration of a variety of approaches to litter prevention and reduction, being:

 

1. Education

2. Litter Collection and Infrastructure

3. Regulation and Enforcement

4. Volunteering

5. Partnering.

 

Each of these key modules is outlined in the Litter Management Strategy, as summarised below.

 

1. Education

It is widely understood that effective community education and awareness is a crucial component of any strategy to reduce litter. Research suggests that there are a number of factors which motivate people to litter including knowledge and awareness of the litter problem, how much they care about the environment, attitudes to life, sense of community and an empathy with the needs of others, ease of disposal, context they are in, the type of litter, and if they can get away with it (NSW Office of Environment and Heritage, 2012).

 

Educational efforts must therefore aim to change littering behaviours by making the community more aware of the impacts of litter and fostering shared community responsibility for litter reduction.

 

The objectives and key actions under the Education component of the strategy are summarised below.

 

Objective: To reduce levels of litter across the city by:

-     Changing littering behaviours through community awareness and incentives

-     Promoting community ownership of the issue of litter

-     Encouraging community pride in public spaces

-     Raising community awareness of the environmental, social, economic, visual and hazardous impacts of litter

-     Increasing community awareness of litter regulation and penalties.

 

Key Actions:

-     Development of a communications strategy for litter prevention

-     Recruitment of ‘Local Litter Champions’ to encourage community responsibility for litter prevention

-     Participation in State and National litter campaigns and initiatives

-     Education programs for local schools

-     Recognition of community-led efforts in litter prevention.

 

2. Litter Collection and Infrastructure

According to the NSW Environmental Protection Authority (EPA), contrary to popular belief a lack of bins is not a major factor in littering - most littering occurs within 5 metres of a bin. However, site factors are powerful determinants of littering behaviour. The more litter present and less clean a site appears to be, the more people are inclined to litter. The environmental setting also has an impact on people's behaviour. For example littering at places like football grounds and theatres may be seen by some people as acceptable behaviour as someone is paid to clean up the mess. i.e. ‘I am keeping someone in a job’ (EPA, 2013).

 

Strategies under ‘Litter Collection and Infrastructure’ aim to curb littering behaviour by maintaining clean spaces and providing litter bins and signage at the most suitable locations. The objective and key actions under the Litter Collection and Infrastructure module are outlined below.

 

Objective: To reduce levels of litter across the city by:

-     Providing clean and well-maintained public spaces

-     Providing reliable, sustainable and innovative waste removal services and infrastructure to reduce opportunities to litter (e.g. bins and signage).

 

Key Actions:

-     Ongoing review of annual resource allocation for litter removal

-     Provision of dedicated Council crews for litter removal

-     Develop a Council policy for litter bin placement

-     Investigate use of public space recycling bins at suitable locations

-     Provision of cigarette butt receptacles at suitable locations.

 

3. Regulation and Enforcement

Littering is an offence enforceable under the Protection of the Environment Operations Act 1997 (POEO Act). Littering offences include:

-     Littering (including littering from vehicles): depositing litter on land or waters in a public place or an open private place

-     Aggravated littering: littering which is reasonably likely to cause or contribute to appreciable danger or harm to any persons, animals, premises or property

-     Depositing, or causing someone to deposit, advertising material in a public place or open private place other than in a mail box or under a door

-     Depositing, or causing someone to deposit, advertising material on any vehicle.

 

The littering fines applicable to these offences are as follows:

-     $60 for littering with small items, such as bottle tops and cigarette butts

-     $200 for general littering, and for littering from vehicles

-     $400 for littering from a vehicle (corporations)

-     $375 for aggravated littering which threatens public safety or the environment, such as intentionally breaking glass or depositing lit cigarette butts during fire seasons

-     $750 for aggravated littering (corporations). 

 

Littering offences can be enforced by Council Rangers, local police, national parks and wildlife rangers and the Environmental Protection Authority.

 

Regulation and Enforcement actions under the Litter Management Strategy aim to reinforce the message that littering is an offence and you may be caught. The objective and key actions of this component of the strategy are outlined below.

 

Objective: To reduce levels of litter across the city by:

-     Informing the community about the penalties of littering

-     Reinforcing the message that littering is an offence and you may be caught

-     Encouraging greater levels of community responsibility for litter.

 

Key Actions:

-     Enforcement of litter penalties by Council Rangers

-     Regulation of businesses using street litter bins for commercial waste

-     Inclusion of litter management plans for local events

-     Inclusion of litter management practices in conditions for new Development Applications

-     Campaigns targeting littering and dumping around charity clothing bins.

 

4. Volunteering

Local volunteers play an important role in litter prevention efforts across the City each year, including participation in Clean Up Australia Day events. It is important to recognise the efforts of local volunteers including community groups, local schools, residents, clubs and sporting groups to encourage further community involvement in litter reduction and prevention efforts.

 

The Volunteering component of the Litter Management Strategy aims to promote greater levels of community pride in our public spaces by encouraging, supporting and rewarding community-led efforts in litter prevention. The objective and key actions of this component of the strategy are outlined below.

 

Objective: To reduce levels of litter across the city by:

-     Encouraging community involvement in litter reduction programs

-     Rewarding community-led efforts in litter management and neighbourhood beautification

-     Promoting community pride in our public spaces.

 

Key Actions:

-     Involvement in and promotion of annual Clean Up Australia Day events

-     Volunteer involvement in local litter counts is encouraged

-     Provision of litter collection bags, tools and collection points to assist interested community members with their litter collection efforts

-     Rewards to acknowledge community achievement in litter management.

 

 

 

5. Partnering

Whilst Council is best placed to take a lead role in local litter management efforts, litter is not an issue that Council can address in isolation. Effective partnering with key local stakeholders and government agencies is crucial to reducing levels of litter across the city. For instance, addressing the problem of litter on roadside verges requires a level of cooperation between Council and NSW Roads and Maritime Services (RMS), whilst targeted litter reduction efforts outside a local shopping precinct would require good partnerships with shopping centre management.

 

The Partnering component of the Litter Management Strategy aims to ensure that partnerships are fostered and maintained to address identified litter problems and locations, and to promote a ‘whole of community’ approach to litter reduction. The objective and key actions under the Partnering component of the Litter Management Strategy are outlined below.

 

Objective: To reduce levels of litter across the city by:

-     Partnering with local stakeholders and government agencies to assist with litter reduction efforts

-     Fostering a cooperative ‘whole of community’ approach to litter reduction.

 

Key Actions:

-     Maintain partnerships with other government agencies to conduct litter removal at identified locations such as roadsides and ‘gateway’ sites into the City

-     Seek involvement from ‘Local Litter Champions’ to assist in litter prevention campaigns. 

 

Implementation

The Litter Management Strategy is supported by a Litter Management Action Plan, an internal document which provides a greater level of detail for each action item, including responsible Council departments, identified partners, resources and performance measures. The Action Plan is not fixed, but will likely change as new projects and funding opportunities are identified and implemented over time. The Public Domain Amenity and Safety Department will oversee the implementation of the Action Plan and regular reports on key outcomes and achievements will be provided to Council via the Penrith Community Safety Partnership.

 

 

 

RECOMMENDATION

That the information contained in the report on Implementation of the Penrith Litter Management Strategy be received.

 

 

ATTACHMENTS/APPENDICES

1. View

Penrith Litter Management Strategy

3 Pages

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Penrith Litter Management Strategy

 

Litter Management Strategy

 


RESPONSIBLE DEPARTMENT:

Public Domain Amenity & Safety

 

Litter is one of the most visual forms of pollution and wasted resources, and is a growing challenge for most communities. 

In addition to its impact on the visual and aesthetic value of our local environment, litter has significant environmental, social, hazardous and economic impacts.

The Penrith Litter Management Strategy aims to take a proactive, multi-pronged and coordinated approach to reducing levels of litter across the City.

The Strategy is accompanied by an Action Plan which outlines a number of key actions Council is taking in conjunction with identified community partners to reduce litter and promote litter as an problem that is everyone's responsibility requiring a ‘whole of community’ approach.

As it is widely recognised that no single approach can address the issue of litter in isolation, the Strategy contains five (5) key modules – Education; Litter Collection and Infrastructure; Regulation and Enforcement; Volunteering; Partnering. Each of these modules is outlined in further detail below, each playing an equally important role in litter prevention and reduction efforts.

Council’s Litter Management Strategy is managed by Council’s Public Domain Amenity and Safety Department with key actions delivered across multiple sections of Council.

For more information about the Strategy, contact Penrith City Council’s Community Safety team on 4732 7777.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1.    EDUCATION

 

Objective

To reduce levels of litter across the City by:

·      Changing littering behaviours through community awareness, prevention strategies and incentives.

·      Promoting community ownership of the issue of litter and encouraging community pride in our public spaces.

·      Raising community awareness of the environmental, social, economic, visual and hazardous impacts of litter.

·      Increasing levels of community awareness of litter regulation and penalties.

 

Key Actions

·      Development of an overall communication strategy for litter prevention.

·      Implementation of local litter campaigns in public spaces, including signage at key locations such as playgrounds and parks.

·      Engagement of ‘Local Litter Champions’ to encourage community responsibility for litter prevention.

·      Participation in State and National litter campaigns and initiatives.

·      Education programs for local schools.

·      Community reward programs to recognise community-led efforts in litter prevention and removal.

·      Campaigns targeting littering from vehicles.

 

2.    LITTER COLLECTION & INFRASTRUCTURE

 

Objective

To reduce levels of litter across the City by:

·      Providing clean and well maintained public spaces.

·      Providing reliable, sustainable and innovative waste removal services and infrastructure to reduce opportunities to litter.

·      Providing infrastructure to change littering behaviour.

 

Key Actions

·      Ongoing review of annual resource allocation for litter removal.

·      Continued provision of dedicated Council crews to remove litter at identified hotspots.

·      Development of a Council Policy for litter bin placement to ensure bins are located at suitable and useful locations.

·      Investigate opportunities for public place recycling bins at suitable locations.

·    Provision of cigarette butt receptacles in key public space locations.    

3.    REGULATION & ENFORCEMENT

 

Objective

To reduce levels of litter across the City by:

·      Informing the community about the penalties of littering.

·      Reinforcing the message that littering is an offence and you may be caught.

·      Encouraging greater levels of community responsibility for litter.

 

Key Actions

·      Enforcement of litter penalties by Council rangers.

·      Staff encouraged to report littering from vehicles.

·      Regulation of businesses using street litter bins for commercial waste.

·      Inclusion of litter management plans for all local events.

·      Inclusion of litter management practices in conditions for new DA’s.

 

4.  VOLUNTEERING

 

Objective

To reduce levels of litter across the City by:

·      Encouraging community involvement in litter reduction programs.

·      Rewarding community-led efforts in litter management and neighbourhood beautification.

·      Promoting community pride in our public spaces.

 

Key Actions

·      Involvement in and promotion of annual ‘Clean Up Australia Day’ events.

·      Seek volunteer involvement from community groups to participate in local litter counts.

·      Seek volunteer involvement in litter clean-up efforts through the provision of litter bags and collection points.

 

5.  PARTNERING

 

Objective                                                                                    

To reduce levels of litter across the City by:

·      Partnering with identified local stakeholders and Government agencies to assist with

litter reduction efforts.

·      Fostering a cooperative ‘whole of community’ approach to litter reduction.

 

Key Actions

·      Maintain partnerships with other government agencies to conduct litter removal at

identified locations such as major roadsides and ‘gateway’ sites into the City.

·      Seek involvement from ‘Local Litter Champions’ to assist in community campaigns

regarding litter prevention.

 


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

6

Penrith City Centre Public Domain Masterplan   

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Victoria Patterson, Landscape Architect

Authorised by:            Michael Jackson, Major Projects Manager

Jeni Pollard, Place Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

The Draft Penrith City Centre Public Domain Masterplan was endorsed for Public Exhibition by Council at the Ordinary Council Meeting on 25 February 2013. A formal Public Exhibition period followed for four weeks from 4 March 2013 to 2 April 2013. Council advertised the formal exhibition period through multiple channels, detailed later in this report.

 

Consultants Place Partners have reviewed the formal submissions received and prepared a Feedback & Recommendations Report. This report found that there are no significant issues arising from submissions received and as a result this Final Masterplan differs very little from the Draft Masterplan, presented to Councillors at the Ordinary Council meeting on 25 February 2013.

 

The purpose of this report is to seek Council’s adoption of the Final Masterplan in order to proceed to the staged implementation of improvement works.

Background

The development of the Penrith City Centre Public Domain Masterplan has involved a comprehensive program of community engagement and several signoffs by the project team, Council and the community. The community engagement program informed the development of the final Draft Masterplan, which Council endorsed for formal Public Exhibition at its Ordinary meeting on 25 February 2013.

 

Public Exhibition Feedback and Recommendations

Council advertised the Draft Masterplan formal public exhibition period through multiple channels as well as making the project material available in a number of ways. These included:

·    A display in Penrith Library

·    Online viewing of the Draft Masterplan document

·    Via the ‘Penrith City Streets’ project website

·    Three press advertisements in the Western Weekender

·   Personal emails and newsletters sent to people or organisations who had previously   been involved in workshops or provided feedback

·    Approximately 100 emails sent to Penrith City Streets website subscribers

·    Public Exhibition material at the Penrith City Festival on 16 March 2013.

 

PCC received 20 formal submissions from the public regarding the exhibition of the Draft Masterplan.  In addition, 23 ‘unofficial’ comments pertaining to the project were provided online via social media / news websites.

 

Place Partners reviewed the formal submissions received and prepared a Feedback and Recommendations Report. The report found that there were no significant issues affecting the finalisation of the Penrith CBD Public Domain Masterplan.

 

The report grouped the feedback into a number of themes that are a synthesis of all the feedback received during the formal exhibition period. The three key themes are:

 

Theme 1: Triangle Park and High Street West

This theme received the most number of comments during the exhibition period. There were an equal number of supportive comments to those expressing concerns. Generally, negative comments were around the perceived traffic impacts of the park whilst positive comments recognised the park as a new open space landmark, opportunities for outdoor dining and increased things to do.

 

Theme 2: High Street Generally

Positive comments far outweighed negative ones in this theme. People generally were enthusiastic about more outdoor dining and creation of an environment that will attract higher quality retailers and hospitality options. People who had concerns mostly appeared to have misunderstood the Draft Masterplan intention, seeing it as a return to the closed pedestrian Mall.

 

Theme 3: Street Trees

The majority of people supported additional tree planting and greening of the area.

 

Other feedback addressed issues around seating; public toilets and amenities; way-finding; lighting; Station Street; public art; and misconceptions around the mall.

 

The report provides recommendations for minor changes to the Final Masterplan in response to feedback received. The minor changes now reflected in the Final Masterplan are:

-  Additional notes for further investigation (rain shelter in the Triangle Park, seating materials, left turn arrow at Riley and Henry Sts, and consultation with the Zonta women’s group regarding the existing Rose Garden)

-  Notes recommending super-advanced tree stock for key seating areas, more detailed lighting and a wayfinding strategy

-  Note regarding public toilet facilities in a shop front or arcade, not in the Triangle Park itself

 


Program and Next Steps

The following table outlines the key components leading to implementation of public domain works in the city centre.

 

Item

Description / milestone

Involvement by

Status

1

Consultant engagement

Councillors

Complete (23 April)

2

Intensive community engagement phase

Community, key stakeholders, staff

Complete

3

Place Framework, directions and concept options (text based)

Councillor signoff at briefing – permit team to proceed to develop concept drawings

Complete (18/6/12)

4

Presentation of concepts (drawings)

Councillors and key stakeholders provide feedback and signoff to proceed with engagement (5)

Complete (16/7/12)

5

Community engagement with preferred concept(s) - library displays, stakeholder meetings, website

Community, key stakeholders, staff

Complete

6

Preferred concept (based on engagement feedback)

Councillors – information and feedback session

Complete (22/10/12)

7

Develop Draft Masterplan

Consultant team and Council officers

Complete

8

Presentation of final Draft Masterplan

Councillors – endorse for public exhibition

Complete (25/2/13)

9

Feedback from public exhibition and develop Final Masterplan

Council officers

Complete

 

10

Adopt Final Masterplan

Councillors

NOW

11

Penrith City Centre Public Domain Technical Manual (See note 1 below), reported to Access Committee 8/2/12

Councillors - in principle signoff to enable design of stage 1

Policy Review Committee Meeting 17 June

 

12

Tender documentation of stage 1 (consultant engagement, documentation, approvals etc)

Major Projects Department

Mid to late 2013

13

Tender process and construction of stage 1

Major Projects Department and contractor

2014

 

Note 1: A draft Public Domain Technical Manual for Penrith has been prepared that will set the ‘look and feel’, define design standards, and standardise design and construction methods.  This will be reviewed to ensure consistency with the directions in the draft masterplan prior to finalisation.  Implementation of the first stage of the masterplan is programmed for 2014, and tender documentation must be completed ahead of this.

 

Staging Strategy

A ‘Staging Strategy’ has been prepared to inform and guide the detailed design documentation and subsequent staged implementation of works as part of Council’s adopted City Centres Renewal and Improvement Project (recent SRV) program.

 

The Staging Strategy is divided into a number of discrete projects that respond to the Final Masterplan. These individual projects have been prioritised to be implemented within a ten year timeframe, based on their maximum immediate benefit to the public domain and the people using the Penrith City Centre.  The later priorities may change subject to the impact of development in the various areas.  The proposed initial prioritised list of projects is as follows:

 

1.   High Street Linear Plaza (Southern side of High St, between Woodriff and Station Streets)

2.   Allen Place Undercroft

3.   Trial of Triangle Park (Temporary Road closure & implementation of low cost park)

4.   Evaluation of Triangle Park trial

5.   Triangle Park (permanent)

 

Once the Final Masterplan has been adopted by Council the preparation of construction documentation can commence for the delivery of works under the SRV capital works program.

 

Place Manager’s Comments

The Penrith Public Domain Masterplan preparation process is a significant step in the revitalisation of the Penrith City Centre through the upgrades of pedestrian areas in sections of High, Station and Riley Streets. Whilst the detailed design is yet to be prepared, the Masterplan concepts that have been reviewed by the community provide a basis upon which to proceed to the next detailed design phase.

 

An incremental approach to the development of the Triangle Park may be prudent with an initial step of creating a temporary public space to test community reaction prior to a decision on constructing a permanent facility.  The success of places such as the proposed Triangle Park and the Allen Place Undercroft will be dependent upon the degree of their activation with regular events and activities.  Unlike capital works, activation programming cannot be funded through the Special Rate Variation.   Alternative activation funding mechanisms will need to be determined, possibly in concert with the new Penrith City Centre Corporation.

 

Conclusion

The extensive community engagement program undertaken with this project and continued through the public exhibition period has generated a Final Masterplan that is underpinned by community responses and internal Council officer technical input.  Adoption of the Final Masterplan by Council will enable the detailed design and construction documentation for implementation to commence.


 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith City Centre Public Domain Masterplan be received.

2.     The Final Masterplan be endorsed for the staged implementation of works.

 

ATTACHMENTS/APPENDICES

1. View

Penrith City Centre Public Domain Masterplan.  May 2013
Authors: Place Partners & Spackman Mossop Michaels

78 Pages

Attachment

  


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

7

Funding for Playgrounds in South Penrith and Jamisontown   

 

Compiled by:               John Gordon, Parks Manager

Authorised by:            John Gordon, Parks Manager  

Requested By:             Councillor Jim Aitken OAM

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

Council has received representations in relation to the construction of a new playground in the reserve on the corner of Warragamba Crescent and Glenbrook Street, Jamisontown. A playground was removed from this site approximately 10 years ago due to safety concerns and not replaced. It is believed that this was due to its proximity to playground equipment in Robinson Park.

 

There are currently 14 playgrounds located in the South Penrith/Jamisontown area. The standard and condition of these playgrounds varies significantly. The ongoing replacement and upgrade of these playgrounds forms part of the Parks Asset Renewal Program. This program funds the replacement of existing assets, not new capital works. No funds have been identified to fund a new playground in this location.

 

The proposed playground is located approximately 350 metres from an existing facility in Robinson Park, Jamisontown.  This playground is 9 years old and is due for replacement in 2019.

 

The report recommends that the information contained in the report on funding for playgrounds in South Penrith and Jamisontown be received.

 

Background

The purpose of this report is to provide Council with information on the provision of playground equipment in the South Penrith and Jamisontown areas.

 

Council has received representations requesting the provision of a new playground on the corner of Warragamba Crescent and Glenbrook Street, Jamisontown. A playground was located on this site approximately 10 years ago and removed due to safety concerns with the equipment, and its failure to comply with the relevant Australian Standards. The equipment was not replaced. It is believed that this was due to the close proximity of playground equipment in Robinson Park, which is located on Glenbrook Street, approximately 350m from the reserve on the corner of Warragamba Crescent and Glenbrook Street.  Robinson Reserve is located on the northern side of Glenbrook Street. Residents claim that due to traffic volumes on this road, access for children and families to the site is difficult.

 

Current Level of Provision

There are currently 14 playgrounds located in the South Penrith/Jamisontown area. This area is defined by the M4 Motorway to the south, The Northern Road to the east, Mulgoa Road to the west and Jamison Road to the north as indicated on the attached map.

 

The specific playground addresses, equipment age and scheduled replacement date are listed in the following table:

Playground Address

Age of Equipment (Years)

Due for Replacement

Map Reference

South Penrith

Timaru & Tukura Reserve

17     

2016 

1

Eileen Cammack Reserve     

2

2025

2

Damien & Joanna Reserve

21

2013 – Under Construction

 

3

Wardell Drive Reserve

9

2023

 

4

Mazepa and Hilliger Street  Reserve

3

2025

5

Greenway & Braemar Street Reserve

2

2025

6

Baronesa Park

2

2027

7

Penrose Park

13

2018

8

Evan St Reserve 

5

2025

9

Pioneer Park

25

2014

10

Grassmere  and Gilda Reserve

2

2027

11

Jamison Park

10

2018

12

Jamisontown

Robinson Park

9

2019

13

Willoring & Harris Street Reserve

11

2021

 

14

                                                                                                                                    

The information provided in this table is based on a bi-annual independent assessment of Council’s playground assets undertaken by Kico Inspection and Testing Services. This information is used by the City Parks Department to ensure that all equipment complies with Australian Standards. It is also used as base line data in the development of the playground replacement schedule as part of the Parks Asset Renewal Program.

 

Playground Replacement Costs

Council has over a number of years refined the elements required to deliver a positive play outcome for facility users as part of a playground upgrade program. These elements include:

 

· Rubberised softfall with concrete/paver edging

· Play equipment, with a focus on inclusive play, catering where possible to a range of age groups

· Seating for parents/carers

· Shade – tree planting or locating playground under natural shade. Shade structures are generally for regional or district facilities only

· Fencing – required to minimise risk if located close to hazards such as roadways

·Landscaping – to improve the overall aesthetics and play experience.

 

The cost of these works is $75,000 and reflects the ‘standard’ of playground currently replaced under the Parks Asset Renewal Program.

 

Over the last 5 years Council has, through the Parks Asset Renewal Program and a number of successful grant applications, replaced 37 playgrounds at various locations across the City.

 

Facility Development Options

Robinson Park is located approximately 350 metres from the reserve on the corner of Glenbrook Street and Warragamba Crescent. The current playground equipment was installed in 2004 and has a useful remaining life of 6 years based on an independent assessment undertaken in 2012.

 

Options to respond to the representations received by Council include:

 

1.   Minor upgrade to the existing playground facility in Robinson Park       $14,000

 

Works to include the replacement of the edging with concrete, renew mulch softfall, replace see saw unit, install additional seating and provide a base level of landscaping – trees for shade.

 

2.   Major upgrade to the existing Robinson Park Playground                       $50,000

 

Works to include the replacement of existing equipment with new mixed age equipment ($40,000), renew mulch softfall, install concrete border, landscaping - trees for shade.

 

3. Install new playground equipment in the reserve on the corner of Glenbrook & Warragamba Street.                                                                                       $75,000

 

Works include installation of new playground equipment, rubberised softfall, seating and shade planting.

 

Option 3 is the option preferred by residents.

 

Option 1 and 2 could potentially be funded through the Parks Asset Renewal Program, however this would require a reprioritisation of the current program. There are currently 62 playgrounds listed for upgrade ahead of Robinson Park.

 

Financial Services Manager’s comment

This Report outlines the estimated cost of a number of options for the provision of a new playground in the reserve on the corner of Warragamba Crescent and Glenbrook Street, Jamisontown. The management of the 2012-13 budget continues to present a number of challenges for Council with a small surplus being projected as part of the March Review being present to tonight’s meeting.  No capacity has been identified within the 2012-13 or 2013-14 budgets to accommodate this project. If Council is of a mind to progress the provision of this playground it will require the removal of other projects or program within the budget.

 

Conclusion

There is currently no funding available within the City Parks budget to undertake any of the proposed upgrade or construction options identified. The replacement of the playground in Robinson Park is currently scheduled for 2019, subject to the availability of funding.  These works would typically be funded as part of the Parks Asset Renewal Program.

 

No funding is currently available in the City Parks budget for the construction of a new playground ($75,000) at the corner of Glenbrook Street and Warragamba Crescent.

Should Council choose to support the installation of a new playground at this location appropriate grant funding will need to be identified.

 

 

 

RECOMMENDATION

That the information contained in the report on Funding for Playgrounds in South Penrith and Jamisontown be received.

 

 

ATTACHMENTS/APPENDICES

1. View

Playgrounds in South Penrith & Jamisontown

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Playgrounds in South Penrith & Jamisontown

 


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

8

Playground Equipment in Applegum Reserve, Glenmore Park   

 

Compiled by:               John Gordon, Parks Manager

Authorised by:            John Gordon, Parks Manager 

Requested By:             Councillor Bernard Bratusa

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

The playground equipment in Applegum Reserve is 16 years old and has been listed for replacement in 2019 as part of the Parks Asset Renewal Program. This program is designed to ensure that existing parks assets are contemporary, fit for purpose and meet community needs. It has been requested that a report be prepared detailing the costs to replace and/or repair the damaged equipment.

 

The replacement of playground equipment in Applegum Reserve will cost $75,000. The key elements of this process include play equipment, rubberised softfall, seating and landscaping. Applegum Reserve has significant natural shade and any replacement playground would be located so as to take advantage of this situation. The refurbishment of the existing equipment can be undertaken at a cost of $12,000.  In this scenario most of the existing equipment is retained. Weathered posts and play elements are recoated in contemporary colours, while highly used play elements (slides) are replaced. The existing pinebark softfall material is retained and topped up.

 

No funding has been identified in the current budget or in the draft 2013/14 budget for these works to be undertaken.

 

The report recommends that the information on the playground equipment in Applegum Reserve, Glenmore Park be received.

 

Background

The purpose of this report is to provide Council with information detailing the costs associated with the replacement and/or repair of the current playground equipment in Applegum Reserve, Glenmore Park.

 

The playground equipment in Applegum Reserve is located off Lady Jamison Drive, just to the south of its intersection with Stein Place, Glenmore Park. The playground equipment consists of a junior swing set, junior play unit and senior play unit. Pinebark mulch is provided as the softfall material.  A bitumen half basketball court is located adjacent to the playground equipment.

 

The current playground equipment was manufactured by Ausplay, is 16 years old and is currently listed for replacement in 2019. Council staff undertake regular inspections of all playground assets to ensure that they are safe and fit for use. Additionally, Council has an independent assessment of its playground assets undertaken bi-annually by an independent contractor. The most recent assessment was undertaken in 2012, with the playground at Applegum Reserve being rate as a ‘2’ – Superficial Deterioration, which is consistent with the age and utilisation of the asset. Playground ratings range from 1 – Near Perfect Condition to 5 - Unserviceable.

 

The playground has been recently inspected by the South Ward Asset Co-ordinator and found to be in a satisfactory condition. The playground was safe and able to be used.

 

Parks Asset Renewal Program

Council currently funds the Parks Asset Renewal Program which is designed to ensure that existing park assets are contemporary, fit for purpose and meet community needs. This program has delivered a range of assets upgrades in recent years including playground replacements, reconstruction of sports fields, floodlighting and park furniture. A key element of this program is the replacement of old playground equipment, with 4 playgrounds listed for replacement in the current financial year. Applegum Gum Reserve is currently listed for replacement in 2019 as part of this program.

 

Over the last 5 years Council has, through the Parks Asset Renewal Program and a number of successful grant applications replaced 37 playgrounds at various locations across the City.

 

Playground Replacement Costs

Council has, over a number of years, refined the elements required to deliver a positive play outcome for facility users as part of the playground upgrade program. Theses elements include:

 

·Rubberised softfall with concrete/paver edging

· Play equipment, with a focus on inclusive play, catering where possible to a range of age groups

·Seating for parents/carers

· Shade – tree planting or locating playground under natural shade. Shade structures are generally for regional or district facilities

·Fencing – required to minimise risk if located close to hazards such as roadways

·Landscaping – to improve the overall aesthetics and play experience.

 

The cost of these works is $75,000 and reflects the ‘standard’ playground replaced under the Parks Asset Renewal Program.

 

Asset Upgrade Options at Applegum Reserve.

Replacement - Applegum Reserve is currently listed for replacement in 2019 as part of the Parks Asset Renewal Program. This date is based on the current condition of the asset, its condition as compared to others across the City, and the availability of funding. There is potential to accelerate this program should Council provide additional funding, or alternatively secure grant funding. The cost to replace the playground will be $75,000.

 

Refurbishment – The playground equipment at Applegum Reserve can be refurbished at a cost of $12,000. In this scenario most of the existing equipment is retained. Weathered posts and play elements are recoated in contemporary colours, while highly used elements (slides) are replaced. The pinebark softfall material is retained and topped up.

 

Conclusion

The playground at Applegum Reserve is currently listed for replacement in 2019, subject to the availability of funding under the Parks Asset Renewal Program. There is potential for this timeframe to be reduced should an additional funding source be identified and applied to the playground asset renewal program.

 

No other funding options are currently available within the City Parks budget to fund either the replacement or refurbishment option at Applegum Reserve.

 

 

 

RECOMMENDATION

That the information contained in the report on Playground Equipment in Applegum Reserve, Glenmore Park be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

9

NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13    

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

Authorised by:            Eric Hausfeld, Acting Engineering Services Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Improve the City's footpath and cycleway network (16.3)

       

 

Executive Summary

The purpose of this report is to advise Council that the Roads and Maritime Services (RMS) has provided an additional $1,200,000 for shared-path construction works along the Great Western Highway, between Kingswood and St Marys, as part of the “NSW Bike Plan – River Cities Program” for 2012/13.  The report recommends that the information be received.

Background

At its Ordinary Meeting of 15 October 2012, Council considered a report regarding the funding offer of $1,500,000 from the RMS under the “NSW Bike Plan – River Cities Program” for 2012/13 and resolved (in part) that:

 

“2.    Council accept the funding offer of $1.5m from the Roads and Maritime Services for the NSW Bike Plan – River Cities Program, subject to the following conditions:

(a)     Council’s contribution towards the Year 3 (2012/13) project be $500,000, including support through design and project management

(b)     Council’s acceptance of funding be for Year 3 only and any future funding associated agreements be separate and discrete from year 3 funding

(c)     Council’s acceptance of the Year 3 project not bind Council to acceptance of future funding/program agreements.”

 

Current Situation

The current program of construction for off-road shared-use paths as part of the “River Cities Program” is well supported by the community.

 

The Mulgoa Road shared-use path is nearing completion, with signalised intersection upgrades by the RMS completing the link this financial year.  The Surveyor’s Creek Bridge, south of Batt Street, has been a major constraint for this link, and current works to widen to the bridge will allow safer passing opportunities for all users.

 

The shared-use path along the Great Western Highway from Kingswood to St Marys has long been a priority link for Council.  Path construction has progressed well in a number of stages and will continue into the next financial year.  The design and construction of a separate bridge for pedestrians and cyclists over South Creek is a major feature of this link, which will be progressed in 2013/14.

 

For our future planning program, Council has engaged consultants to prepare concepts and designs for links along Jane Street and Belmore Street in Penrith to Kingswood Railway Station.  This route is highly constrained and is subject to negotiations with a number of agencies and will take some time to complete.

 

The consultants have also been requested to design a shared-use path along the Great Western Highway, between River Road and Russell Street, Emu Plains, for the future program.  This is a substantial length of path, which will provide access for residents of Emu Plains and the Blue Mountains to the proposed Nepean River Green Bridge and into the Penrith City Centre.

 

By letter dated 16 April 2013, the RMS advised that additional funding of $1,200,000 was approved to continue the “River Cities Program” works for 2012/13, specifically on the Great Western Highway, Kingswood to St Marys route.  The funding was made available on the provision that Council will construct, own and maintain the shared-use paths, as per the current agreement.  The additional funding was provided without the requirement for further Council contributions.

 

Council officers have accepted the offer of additional funding and works are progressing to fully expend the $2,700,000 RMS contribution (which includes the additional $1,200,000 funding) by the end of this financial year.  Due to this additional funding, Council’s $500,000 contribution will not be spent this financial year and will be revoted into next year’s budget for this ongoing project.

 

Conclusion

The substantial additional funding reflects continued support from Transport for NSW and the RMS for the “River Cities Program” in the Penrith Local Government Area and is an acknowledgement of the ongoing and substantial design and construction works underway.

 

The timely delivery of this important shared path network is dependent on continued State funding via the “NSW Bike Plan – River Cities Program” into 2013/14 and future years.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13  be received.

2.     Council write to the Minister for Roads and the Local Members expressing appreciation of the funding offer and requesting their continued financial support.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

10

Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge    

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

Authorised by:            Eric Hausfeld, Acting Engineering Services Manager  

Requested By:             Councillor Kevin Crameri OAM

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Provide a safe, efficient local road network (16.1)

       

 

Executive Summary

The purpose of this report is to provide information regarding a pedestrian refuge facility on Woodriff Street, Penrith, south of the Stafford Street intersection and adjacent to Centro Nepean Shopping Centre.  In particular the report seeks to address safety concerns associated with this facility.  The report recommends that Council note the information provided.

Background

At its meeting of 25 February 2013, Councillor Kevin Crameri OAM requested a report to Council providing information on safety issues relating to a pedestrian refuge facility on Woodriff Street, Penrith, south of the Stafford Street intersection and adjacent to Centro Nepean Shopping Centre. 

 

Investigations into upgrading this facility to a marked pedestrian crossing were carried out in August 2011 and November 2012, and again as part of the investigation to address this latest request.

 

Current Situation

The pedestrian refuge is intended to provide a two-stage movement to cross the road.  The current location provides the best option for a pedestrian desire line, in consideration of travel to/from Stafford Street, other areas of Penrith, and the Centro Nepean Shopping Centre.

 

Investigations were undertaken into upgrading the existing pedestrian refuge to a marked pedestrian footcrossing in Woodriff Street, near the intersection of Stafford Street, Penrith.  The justification for any type of marked crossing is that it must meet warrants as set out by the Roads and Maritime Services (RMS).

 

A normal warrant for a marked footcrossing requires:

 

(a)  the product of the measured pedestrian flow per hour (P) and the measured vehicular flow per hour (V), PV, is equal to or greater than 60,000;

(b)  the measured flows, P and V are equal to or greater than 30 and 500 respectively;

(c)  the measured flows apply for three periods of one hour in any day.

 

The results of the pedestrian and vehicle counts at the pedestrian refuge in Woodriff Street are shown in Table 1, below.

 

Table 1

Traffic & Pedestrian Counts – Thursday 14 March 2013

 

Thursday 14/3/2013

Vehicle Movements

Pedestrian Movements

Total

Time (am)

V1 (north)

V2 (south)

V1 +
V2

P1
(east)

P2
(west)

P1 + P2

PV

9.45am-10.45am

528

346

874

20

21

41

35,834

12-15pm-1.15pm

537

364

901

20

22

42

37,842

2.30pm-3.30pm

518

465

983

22

13

35

34,405

 

These figures show that while vehicle movement was fairly high, pedestrian movement was consistently low and less than the required warrant of 60,000 in the individual time periods.  The lunchtime peak period was busiest at the location.  At the times the counts were undertaken, there were no incidents witnessed of unsafe driving or unsafe pedestrian activity at the refuge.

 

Depending on the location of a proposed pedestrian crossing, either a normal warrant or reduced warrant can be used.  Reduced warrants are reserved for crossings directly at schools, being within a 40km/h “School Zone”, or facilities predominantly used by school children or the elderly.  In this case, the reduced warrant is not applicable.

 

When RMS warrants for a marked pedestrian crossing are not met and there is an identified pedestrian desire line, the alternative is the provision of a pedestrian refuge island.  The pedestrian refuge in Woodriff Street has been in place for many years, and allows pedestrians to negotiate traffic in a  safer two-stage movement.

 

Previous vehicle/pedestrian counts undertaken at this location were carried out on a Wednesday, to collect increased numbers due to market day at the showground.  Those previous counts, whilst reflecting a much busier day in the locality, also did not meet the 60,000 PV warrant. 

 

An analysis of the most recent five years’ crash data available to Council revealed that there have been no recorded accidents involving pedestrians at this location on Woodriff Street.

 

Speed counts were also undertaken as part of the most recent investigations, which determined that the actual range of vehicle speeds on the north and southbound approach to the pedestrian refuge is generally in keeping with the posted 50km/hr speed limit, and traffic volumes are suitable for this type of street.  It is acknowledged that at some times in the week there are drivers who drive contrary to the posted speed limit and/or contrary to the Australian Road Rules (ARR), and Penrith Police have been requested to conduct speed monitoring during those times.

 

Site inspections determined that sight distances for both pedestrians and vehicles are suitable at this location and the signage and linemarking associated with the refuge are in a satisfactory condition.  Advance warning signs for this refuge have recently been upgraded to fluorescent signage to further highlight the refuge to drivers. 

 

It is important to note that a pedestrian refuge does not have the same status as a marked pedestrian crossing and, as such, pedestrians crossing at a refuge must give way to any traffic and wait for a break before safely crossing the road.

 

Conclusion

Council supports active transport and encourages travel by walking, cycling or public transport.  Whilst every effort is made in designing and constructing traffic facilities to improve road safety, particularly for vulnerable road users, specific warrants and standards determine where and when those facilities may be installed.

 

The pedestrian refuge in Woodriff Street, near Stafford Street, Penrith does not meet the warrants as set by the RMS to be upgraded to a marked pedestrian crossing and, as such, this matter has not been reported to Local Traffic Committee to enact a delegation in that regard.

 

Furthermore during the numerous site inspections and traffic counts undertaken at this location there has been no unsafe behaviour observed.  Similarly available speed counts and crash data do not highlight any safety concerns. The refuge facility also has appropriate sight distances and the associated linemarking and signage are in a satisfactory condition.

 

 

 

RECOMMENDATION

That the information contained in the report on Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge be received, and Council note the information provided.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

11

Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys   

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Eric Hausfeld, Acting Engineering Services Manager

Authorised by:            Eric Hausfeld, Acting Engineering Services Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Improve the City's footpath and cycleway network (16.3)

       

 

Executive Summary

The purpose of this report is for Council to consider a Blacktown City Council (BCC) proposal for the connection of Kurrajong Avenue, Mt Druitt, in the Blacktown Local Government Area (LGA), to Kurrajong Road, St Marys.  The report recommends that the proposal not be supported.

Background

The proposal involves a road connection between Kurrajong Avenue and Kurrajong Road, including a bridge over Ropes Creek, funded jointly by BCC and Penrith City Council (PCC).  A copy of the letter from BCC outlining their Council resolution from the Ordinary Meeting of 24 October 2012 is attached as Appendix 1.

 

BCC is seeking the proposed connection to provide alternative access to the Mt Druitt industrial area.  As part of this proposal BCC would impose load limits on the eastern end of Kurrajong Avenue and other local roads, to prevent heavy vehicles travelling past existing residential properties and thereby improving their amenity.  The proposal would result in heavy vehicles being directed via the new connection to Glossop Street, St Marys and then to various destinations.

 

In 2006 Council undertook a Local Area Traffic Management (LATM) study for North St Marys.  The objectives of the LATM study were to improve traffic flow and safety and residential amenity in the area.  As part of this study, public consultation was undertaken.  The majority of responses from the wider North St Marys community supported the proposal to extend Kurrajong Road to Kurrajong Avenue, however the responses from residents in Kurrajong Road were strongly against this connection.

 

Further, Council sent a letter dated 27 July 2010 to Mr Allan Shearan MP, the former Member for Londonderry, not supporting the Kurrajong Road connection due to the significant cost in crossing Ropes Creek, unacceptable conflict of traffic in the local area and the potential for the link to detract from the commercial viability of the St Marys Town Centre.

 

 

Current Situation

The existing access between Glossop Street, St Marys and Carlisle Avenue, Mt Druitt, north of the western rail line, is via Debrincat Avenue, Aurora Drive and Luxford Road.

 

Whilst it is acknowledged that the proposal would provide better connectivity for local residents to Mt Druitt, it is considered that it would have the following adverse impacts:

 

·  reduced amenity of local residents on Kurrajong Road due to increased traffic and introduction of heavy vehicles

·  the alignment is conducive to speeding and would likely require further upgrades along Kurrajong Road

·  increased traffic may exacerbate existing road safety issues on Glossop Street

·  there is the potential for the proposal to detract from the commercial viability of the St Marys Town Centre.

 

In addition to the above, consideration must also be given to the financial implications of the proposal.  The estimated cost for construction of an approximately 240m new road link between Kurrajong Road and Ropes Creek (PCC section) is $1.68 million.  In 2004, BCC had estimated the cost of a bridge over Ropes Creek at $5 million.  BCC is proposing that PCC contribute to half of the bridge cost taking Council’s estimated share to $4.18 million.

 

Conclusion

It is acknowledged that there would be some benefit in providing the proposed connection, however it would appear to be insufficient to justify the high cost to bridge Ropes Creek and provide the road connection.  The proposal has also not been identified by the Penrith Arterial Roads Study or this Council as a key transport link and it would need to compete with many other, high priority, unfunded projects.  Under these circumstances, it is recommended that Council maintain the past position to not support BCC’s proposal at this time.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys be received.

2.     The Blacktown City Council proposal for the connection of a road link between Kurrajong Avenue, Mt Druitt, in the Blacktown Local Government Area, and Kurrajong Road in St Marys not be supported.

3.     Council advise Blacktown City Council of its decision to not support the proposal at this time.

 

ATTACHMENTS/APPENDICES

1. View

Proposed Link between Kurrajong Avenue & Kurrajong Road - Letter from BCC dated 16.01.2013

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Proposed Link between Kurrajong Avenue & Kurrajong Road - Letter from BCC dated 16.01.2013

 


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

12

NSW Local Infrastructure Fund   

 

Compiled by:               Wayne Mitchell, Group Manager - City Infrastructure

Authorised by:            Craig Butler, Director  

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Implement effective traffic and parking responses (16.2)

       

 

Executive Summary

Council was successful in an application for $4,566,000 as an interest free loan under the NSW Local Infrastructure Fund. This Fund provides for local Councils to bring forward infrastructure projects which assist in increasing the supply of serviced land for housing or employment.

 

This report identifies an opportunity to enter into an agreement with Urban Growth NSW  (the new trading name for Landcom) to utilise the loan to bring forward the construction of two important road projects in the Caddens Release Area.

 

The loan will bring forward residential development in the precinct through earlier construction of O’Connells Lane. It will also contribute to an address of the shortcomings with Caddens Road west which will be upgraded from its current outdated rural standard.

 

The report recommends that the General Manager be authorised to enter into an agreement with Urban Growth NSW and to renegotiate the terms of the funding agreement with the Department of Planning and Infrastructure.

Background

In January 2010 Council was successful in its application for $4,566,000 as an interest free loan under the NSW Local Infrastructure Fund.  The loan was for the purpose of bringing forward the construction of three road projects in the Caddens Release Area for the purpose of stimulating residential development in and around this precinct.  These roads are in the WELL precinct Section 94 plan which was the intended source of funds to repay the loan over a ten year period.

 

The designs for these road projects were nearing completion when the legislation was changed to impose a cap on Section 94 contributions.  The WELL precinct plan was significantly affected plan with a shortfall of over 50 million predicted.  As a result, these road projects had to be put on hold as there are no available funds to repay the loan.  The Council also subsequently adopted a policy position that all roads and drainage infrastructure must be provided by developers of new residential release areas by way of conditions of consent.

 

Council has negotiated an extension of the time to undertake these projects with the Department of Planning and Infrastructure who administer the NSW Local Infrastructure Fund (LIF).  This negotiation has revolved around the changes to Section 94 provisions and potential alternate projects that the fund might be used for.  The agreement was originally for the project to be completed by 31 December 2011 with repayments scheduled over a ten year period.  The repayments to date has been $100,000 per annum.  This increased to $1,250,000 for the final three years of the loan.  The Department has recently indicated that an amended project proposal will need to be submitted soon or the LIF loan will need to be returned to Treasury.

 

Amended Proposal

An opportunity to utilise the LIF loan for road works in the Caddens precinct has been developed in consultation with Urban Growth NSW.  These works would include the construction of the remaining section of O’Connell Lane that provides a link to O’Connell Street and a section of Caddens Road that fronts the Urban Growth site known as the “Knoll”.

 

Both of these sections of road were part of the original LIF application.  Subsequent changes to the Section 94 legislation have resulted in Urban Growth NSW agreeing to construct these roads as a result of conditions of consent for a subdivision to create 346  lots on Caddens Road and the rezoning of the land known as the “Knoll”.  These projects are currently not scheduled to occur for around three to five years when necessitated by the progress of each development.

 

The use of the LIF fund could see these roads completed within the next year with significant benefit to the local community.  A direct connection to O’Connell Street would be provided and a poor section of Caddens Road would be upgraded to an urban standard including the provision of kerb, guttering and drainage.  The early completion of these roads would also help to simulate the development of additional residential land releases in this area which is a key criterion of the loan.

 

Urban Grown NSW has formally expressed an interest in entering into an agreement with Council to utilise the LIF loan and meet all the required repayments over the final seven year term of the loan.  These road projects are now fully designed and could move to construction in a short period of time.

 

Legal Advice

A satisfactory arrangement could be entered into with Urban Growth NSW Pty Ltd by either a Voluntary Planning Agreement or Deed and substantial security would not be required as there would be high level of comfort in dealing with an organisation like Urban Growth NSW.

 

Financial Services Manager’s Comment

The works proposed will be completed and funded by Urban Growth NSW as part of their proposed development.  The use of the LIF loan to bring forward the delivery of the works is consistent with the LIF criteria and is aligned with Council’s established practice of facilitating development.  In lieu of this opportunity and as a result of the changes by the NSW Government that capped s94 contributions (in 2010), the only other alternative for the LIF loan would be to return the monies to Treasury.  

Approval from the Department of Planning & Infrastructure

Approval to amend the project and funding agreement is required from the Department of Planning and Infrastructure who administer the fund.  Informal inquiries to the Department have been positive about the proposed amendment suggested in this report.

 

Conclusion

An opportunity exists to fast track the delivery of two important road projects in the Caddens Release Area by way of an agreement with Urban Growth NSW to utilise funds from the Local Infrastructure Fund.  These roads would benefit the local community and would help to stimulate the release of further residential land to the market.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Local Infrastructure Fund be received.

2.     The General Manager be authorised to negotiate an amendment to the agreement for the Local Infrastructure Loan with the Department of Planning and Infrastructure.

3.     The General Manager be authorised to enter into an agreement with Urban Growth NSW for the use of the Local Infrastructure Loan to forward fund the construction of O’Connell Lane and a section of Caddens Road at Kingswood.

4.     Council write to the State Government to express appreciation for their support with this initiative as it will bring forward much needed housing for the city.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

13

Tender Reference 12/13-03 Provision of Hired Plant & Equipment   

 

Compiled by:               Gowry Gowrythasan, Civil Operations Engineer

Authorised by:            Hans Meijer, City Works Manager  

Requested By:             Councillor Kevin Crameri OAM

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Provide a safe, efficient local road network (16.1)

  

Previous Items:            Tender Reference 12/13-03 Provision of Hired Plant & Equipment - Ordinary Meeting - 29 April 2013    

 

Executive Summary

At Council’s Ordinary Meeting of 29 April 2013 it was resolved:

 

“CW2 That the services tendered for under categories 4, 8 and 20 in the report on Tender Reference 12/13-03 Provision of Hired Plant & Equipment be deferred and a further report be prepared for the next Council Ordinary meeting, providing reasons why the lowest tender was not recommended”

 

This report addresses the above resolution and recommends the Tenderers in Table 1 of the report be included in the list of hired plant for a period of 3 years with an option to extend for a further two (2) x (1) year periods with provision for rise and fall after the first 12 months.

 

Current Situation

The Tender Assessment Panel met to review the tenders for Category 4 Skid Steer Loaders, Category 8 Trucks and Category 20 Portable Toilets as requested by the Council. The results of this review are detailed below.

Comments on Categories 4, 8 and 20 of Tender Reference 12/13-03 Provision of Hired Plant & Equipment

Category 4 – Skid Steer Loaders


The essential criteria contained in the tender specification for this category was the provision of a skid steer loader with a rated operating load of > 500 kg and < 650 kg.

 

Both A&C Plant Hire P/L and Haines Bros Earthmoving & Drainage tendered items that met this requirement.   Schembris Excavations Pty Ltd, in its tender, nominated skid steer loaders with a rated operating load of 748kg and 1,134kg respectively which were both outside of the range requested within the tender. On this basis, the skid steer loaders nominated by Schembris Excavations Pty Ltd were not compliant with the tender requirements.

 

Tenderers were also required to submit a list of attachments for the nominated skid steer loaders. Both A&C Plant Hire P/L and Haines Bros Earthmoving & Drainage provided a comprehensive list of attachments for the skid steer loader operations such as broom, profiler, backhoe, auger and forks which Council generally use. Schembris Excavations Pty Ltd only provided for augers, forks and ripper in its submission.

 

The Panel confirm that A&C Plant Hire P/L are considered the most advantageous primary supplier for this category and Haines Bros Earthmoving & Drainage as a backup provider. Schembris Excavations Pty Ltd submitted a tender for skid steer loaders that did not comply with the required rated operating load and therefore should not have been included in the original tender assessment and report as its tender was non-compliant.

 

 

Tenderer’s Name

Estimated Annualised Quantity

Annual Usage: 6 x 5 days

1

A&C Plant Hire P/L

$17,814.00

2

Haines Bros Earthmoving & Drainage

$18,720.00

3

Schembris Excavations Pty Ltd

$16,260.00

 

The Tender Assessment Panel’s recommendation is consistent with the recommendation contained in the Report that was presented to the Council on 29 April 2013.

 

Category 8 – Trucks

 

Under this Category there were two specific classes of trucks that tenderers  were  requested to tender on, as follows:

 

Truck Tipper &/or Truck & Trailer Combination with TT Plates, Two axle (tipper) 8 - 10 tonnes: Wet Hire

 

The tenders from Hydrodig Pty Ltd, Raygal and Allards Plant Hire Pty Ltd revealed that they would provide 2, 3 and 2 trucks respectively. All three companies demonstrated that they could provide the level of service required.

 

The number of trucks required by Council depends on the size and type of projects being undertaken. The number of trucks required by Council for a project could exceed the individual number of trucks tendered (and available) by each company. It is also important that the trucks are available as required in accordance with the project timeframe.

 

In the initial assessment of this sub-Category, the Tender Evaluation Panel took into consideration the fact that the tender submitted by Allards Plant Hire Pty Ltd included 9 tonne load capacity trucks, whereas the other two tenderers under consideration submitted trucks with an 8 tonne capacity. This additional load capacity was considered advantageous by the Panel, even though this sub-Category permitted a range of truck capacity between 8 and 10 tonnes.

 

The Tender Assessment Panel recommends that the tenders from Allards Plant Hire Pty Ltd, Hydrodig Pty Ltd and Raygal be accepted and work be allocated to each company based on availability. On this basis, Allards Plant Hire Pty Ltd would be requested to provide trucks in the first instance, and if that Company was unable to provide the trucks, then Hydrodig Pty Ltd and then  Raygal  would be requested to provide the trucks required.

 


 

 

Tenderer’s Name

Estimated Annualised Quantity

Annual Usage: 20 days

1

Allards Plant Hire Pty Ltd

$14,760

2

Hydrodig Pty Ltd

$12,600

3

Raygal

$13,500

 

The Panel’s primary recommendation is consistent with the position taken in the report that went to the Council on 29 April 2013 as that Report recommended that the Council accept only the tender from Allards Plant Hire Pty Ltd. The Panel has now considered the inclusion of two back-up suppliers as advantageous to the Council given the number of trucks offered by Allards Plant Hire Pty Ltd., even though there is limited annual usage of this category. The Panel has also taken into consideration the age of the plant tendered, in particular the trucks proposed by Allards Plant Hire Pty Ltd are both 2011 models, compared with the 1997 to 2005 models offered by the other two companies under consideration.

 

The Panel’s recommendation to include all three tenderers increases the likelihood of a truck being available at the time that the Council requires the use of one or more trucks.

 

Truck Tipper &/or Truck & Trailer Combination with TT Plates, Three axle (tipper) > 12 tonnes: Wet Hire

 

The tenders from A & C Plant Hire P/L, Raygal and Allards Plant Hire Pty Ltd provided for 7, 7 and 4 Trucks respectively. All three companies demonstrated that they could provide the level of service required.

 

A & C Plant Hire P/L have submitted a tender with a large fleet of trucks and the lower cost and therefore its tender represents the best overall value for money to Council. However, due to the high annual usage of this category of plant, it is necessary to have more than one backup provider. Therefore it is recommended that Raygal and Allards Plant Hire Pty Ltd be backup providers for this service respectively.

 

 

Tenderer’s Name

Estimated Annualised Quantity

Annual Usage: 20 x 3 days

1

A & C Plant Hire P/L

$38,880.00

2

Raygal

$45,900.00

3

Allards Plant Hire Pty Ltd

$50,760.00

 

The Tender Assessment Panel’s recommendation is consistent with the recommendation contained in the Report that was presented to the Council on 29 April 2013.

 

Category 20 – Portable Toilets

 

The tender required companies to submit daily, weekly and monthly hire rates.


Coates Hire Operations Pty Ltd and Kennards Hire provided daily, weekly and monthly hire rates for portable toilets. Onsite Rentals Group Pty Ltd only tendered for weekly hire.

 

Council requires both long (weekly and longer) and short term (1-2 days) hire of portable toilets.

 

Due to the low quantity of hire and the minimal cost difference, the Tender Assessment Panel considered that there was no advantage in having one company recommended for daily hire and another company for weekly or longer hire. Therefore, the Panel recommended Coates Hire Operations Pty Ltd as the most advantageous primary supplier for this category. Due to the low quantity of hire no backup provider is required for this category.

 

 

Tenderer’s Name

Estimated Annualised Quantity

Annual Usage: 5 x 5 days

1

Coates Hire Operations Pty Ltd

$967.85

2

Onsite Rental Group Pty Ltd

$910.00

3

Kennards Hire

$1,100.00

 

 The Tender Assessment Panel’s recommendation is consistent with the recommendation contained in the Report that was presented to the Council on 29 April 2013.

 

Table 1: Preferred panel of Contractors

 

Category

Description

Preferred Tenderer Ranking

4

Skid Steer Loaders

(Wet & Dry Hire)

ERG Class SSL3

1.   A&C Plant Hire P/L

2.   Haines Bros Earthmoving & Drainage

8

Trucks

(Wet Hire)

8 – 10 tonnes

1.   Allards Plant Hire Pty Ltd

2.   Hydrodig Pty Ltd

3.   Raygal

>12 tonnes

1.   A&C Plant Hire P/L

2.   Raygal

3.   Allards Plant Hire Pty Ltd

20

Portable Toilets

Water Flush with Hand Basin

1.   Coates Hire Operations Pty Ltd

 

 

The principal place of business and the company directors for each company mentioned in this report is shown in Table 2 below.

 

Table 2 : Company Information

Name

Directors

Business Address

A & C Plant Hire P/L

Anthony and Charmaine D’emanule

74 Herbert Street
Kemps Creek NSW 2178

Allards Plant Hire Pty Ltd

Mr Neil Allard

1/3 Salisbury Road,
Castle Hill NSW 2154

Coates Hire Operations Pty Limited

Carlyle Group, Channel 7 Group

Level 6, 241 O’Riordan Street, Mascot NSW 2020

Haines Bros Earthmoving & Drainage

Mark and Jason Haines

136 Mersey Road
Bringelly 2556

Hydrodig Pty Ltd

Angelo and Jennifer Vassallo

33 Spence Road
Berkshire Park 2765

Kennards Hire

Andrew Kennard

22 Powers Rd Seven Hills 2147

Onsite Rental Group Pty Ltd

Next Capital Pty Ltd is the majority shareholder. Directors are Mark Rich, Andrew Lockhart, Mark Peters

Ground floor, 33 Glossop St St Marys NSW 2760

Raygal

Cathy Galea

29 Barry Road Kellyville NSW 2155

Schembris Excavations Pty Ltd

Joseph and Rita Schembri

148 Government Road
Berkshire Park NSW 2765

 

Financial Services Manager’s Comments

The creation of this preferred supplier list will ensure that Council can continue to achieve organisation’s needs can be efficiently value for money for the work types detailed in this report along with ensuring that the accommodated by establishing a secondary provider where appropriate. Any works completed will be undertaken within established operational budgets.

 

Tender Advisory Group (TAG) Comments

The Tender Advisory Group (TAG) consisting of the Senior Legal Officer, Matthew Bullivant and the Senior Governance Officer, Glenn Schuil met to consider the review of the tenders for Category 4 Skid Steer Loaders, Category 8 Trucks and Category 20 Portable Toilets.

The TAG requested further information from the City Works Manager that has been included within this Report. The TAG supports the recommendations made within this Report.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 12/13-03 Provision of Hired Plant & Equipment be received.

2.     A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the companies for the specified services, listed in Table 1 – Preferred panel of contractors contained in Tender Reference 12/13-03 Report to Council 27 May 2013, in accordance with the terms and conditions of the Tender.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

14

Community Building Partnership 2012-2013   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

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

The NSW Government’s 2012 Community Building Partnership Program (CBP) was announced on 27 August 2012 and applications closed on 30 October 2012.  An announcement about the outcomes of this program was announced in April 2013.

 

This report provides details outlining that Council received $127,366 from the CBP program towards implementing four projects at Parkes Avenue, Blair Oval and Ridge Parks, Erskine Park Community Centre, and Penrith Swimming Centre. Information is also provided about ten successful applications for sports clubs in Penrith, as well as details of unsuccessful applications and grants awarded to other projects in the state electorates of Penrith, Londonderry, Mulgoa and Smithfield.

 

The report recommends that the information about the Community Building Partnership grant program be received.

 

Background

The Community Building Partnership (CBP) program provides funds for community groups and local councils to invest in community infrastructure throughout NSW.

Incorporated not-for-profit community organisations and local councils were invited to apply for funding to build and improve community facilities in their local area.

The allocations under the 2012 Community Building Program by Electoral District are:

 

Londonderry       $300,000

Mulgoa                $200,000

Penrith                 $200,000

Smithfield            $300,000

 

At its Ordinary Meeting, on 15 October 2012, Council endorsed the submission of the following projects: upgrade and install new floodlights at Parkes Avenue, Werrington; upgrade canteens at Blair Oval and Ridge Park; replace shade awning for children’s pools at Penrith Swimming Centre; and install solar panels and upgrade lighting at Erskine Park Community Centre.

 

A memorandum was provided to Councillors on 2 November 2012 outlining that Council Officers supported twenty-two clubs in developing project scopes and designs, obtaining quotations, reviewing and compiling grant documentation, and providing letters of support.

 

Current Situation

In April 2013, it was announced that Council’s four applications for CBP grants were successful with $127,366 being awarded from the program towards their implementation. The floodlight upgrades and installation at Parkes Avenue has already been completed, while plans are well advanced for the installation of shade structures at Penrith Swimming Centre, the installation of upgraded canteens at Ridge Park and Blair Oval, and the installation of solar panels and lighting upgrades at Erskine Park Community Centre.

 

Of the twenty-two sports clubs assisted, nine of the grant applications were successful, being awarded a total of $215,069. Subsequently, it was identified that Glenmore Park/Emu Plains AFL had applied for, and were successful with an application for $18,180.

 

The table included in Appendix 1 identifies a list of successful applications in Penrith LGA,  with Appendix 2 identifying the unsuccessful grant applications. Both of these lists only contain projects that Officers assisted with and are aware and have knowledge of. Appendix 3 identifies the successful grants awarded to other projects in the respective state electorates of Penrith, Mulgoa, Smithfield and Londonderry.

One of the successful applications, submitted by the Berkshire Park, Llandilo and Shanes Park Community Action Group for netball and half basketball courts at the reserve at Sixth Road Berkshire Park, adjacent to the neighbourhood centre, received $10,000. This group submitted a grant application for $41,000 based on a quotation developed with Council Officers, the shortfall therefore being $31,000 to enable it to realise the desired project scope.

Representation has been received from the Group seeking assistance in funding the shortfall, however there is no identifiable Council budget source available at this time. Opportunities are being investigated in relation to other external funding with a potential source being the Castlereagh Community Fund. At the time of presenting this report there is no advice available about the allocation of this fund.  Council Officers will work with the group to develop a project scope possible with the CBP grant funds allocated, with further stages to be added should funds become available.  

Conclusion

In total $1m was available through the CBP program for the state electorates of Penrith, Mulgoa, Londonderry and Smithfield. A total of $360,615 of grants was awarded to Penrith City Council, and organisations that Council Officers assisted in their application and have subsequently obtained knowledge of. In addition to the grants awarded to other groups in these electorates, these projects will provide significant community benefit once they are implemented.

 

 

RECOMMENDATION

That the information contained in the report on Community Building Partnership 2012-2013 be received.

 

 

ATTACHMENTS/APPENDICES

1. View

Successful CBP Grant Applications

3 Pages

Appendix

2. View

Unsuccessful Community Building Partnership Applications

2 Pages

Appendix

3. View

Successful Electorate CBP Applications

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Successful CBP Grant Applications

 




Ordinary Meeting                                                                                                                    27 May 2013

Appendix 2 - Unsuccessful Community Building Partnership Applications

 



Ordinary Meeting                                                                                                                    27 May 2013

Appendix 3 - Successful Electorate CBP Applications

 



Ordinary Meeting                                                                                                     27 May 2013

A Liveable City

 

 

15

Aquatics Joint Governance - Constitution for Company   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

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

As a result of Council endorsing that Penrith Swimming Centre and Ripples Leisure and Hydrotherapy Centre be jointly managed under a Controlled Entity Model, at its 25 June 2012 Ordinary Meeting, work has been progressing to facilitate the joint governance of the facilities in readiness for the Entity to operate both venues from 1 July 2013.

 

As part of the joint governance process the current Board of Directors of the City of Penrith Regional Indoor Aquatic and Recreation Centre Limited has reviewed its Constitution and is proposing changes to ensure that it is contemporary and recognises the addition of Penrith Swimming Centre.

 

This report recommends that the proposed changes by the Board of Directors to the Constitution of City of Penrith Regional Indoor Aquatic and Recreation Centre Limited be endorsed.

 

Background

A vital part of developing the new joint governance management model for Ripples Leisure and Hydrotherapy Centre and Penrith Swimming Centre is to have a Constitution for the new Entity which is registered with ASIC. Therefore, the Board of Directors has reviewed the existing Constitution established for the City of Penrith Regional Indoor Aquatic and Recreation Centre Limited.

 

The existing Constitution identifies that:

 

‘No addition, alteration or amendment shall be made to or in the Constitution for the time being in force, unless the same shall have been previously submitted to and approved by the Council of the City of Penrith in writing.’

 

Current Situation

At its meeting on 14 May 2013 the Board of Directors resolved that:

 

“1.    The Constitution is to be amended in accordance with the changes identified to recognise the expanded Entity, incorporating Penrith Swimming Centre and, that the name of the company be changed to Penrith Aquatic and Leisure Limited (PAL).

 

2.   That the Board submits the changes to Constitution, including the new company name as Penrith Aquatic and Leisure Limited, to Council seeking its approval for these changes.”

 

Present at the meeting were Alan Brown (Chairman), John Cottee (Deputy Chairman), Wayne Mitchell (Company Secretary), Greg Crawford (General Manager), Councillor Tricia Hitchen, Councillor Greg Davies, Lynette Crossley, and Marlene Shipley.

 

A copy of the draft Constitution for Council’s consideration, highlighting the proposed changes, is included in Appendix 1. A summary of the key changes identifies that the Board of Directors is seeking authorisation to; change the company name to Penrith Aquatic and Leisure Ltd., include reference to Penrith Swimming Centre, include additional and contemporise the principal objects for which the Company is established, allow for travel expenses for Directors for the purpose of attending meetings of the Board, and confirm the number of Board members.

 

Correspondence will be sent to the Company Secretary notifying the Company of Council’s determination regarding the changes. Should Council endorse the proposed amendments, the Company Secretary is to report the changes to ASIC within 28 days of the Board of Directors’ original resolution on 14 May, as required by ASIC.

 

Conclusion

The development of a new Constitution provides the foundation for the company’s operations into the future. Details of the other project processes to establish the joint governance management model for  Ripples Leisure and Hydrotherapy Centre and Penrith Swimming Centre including establishing a new Occupancy Agreement, integration of workforce, combining operational practices and policies, and business modelling and feasibility studies will be provided to Council in due course. At this stage, the date for the transition to the joint governance management model remains 1 July 2013.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Aquatics Joint Governance - Constitution for Company be received.

2.     The proposed changes by the Board to the Constitution of City of Penrith Regional Indoor Aquatic and Recreation Centre Limited be endorsed.

 

ATTACHMENTS/APPENDICES

1. View

Proposed Constitution

12 Pages

Appendix

  


Ordinary Meeting                                                                                                                    27 May 2013

Appendix 1 - Proposed Constitution

 












 


A Vibrant City

 

Item                                                                                                                                                Page

 

16      Mondo Community Safety and Youth Engagement Project - funding opportunity     123

 

 



Ordinary Meeting                                                                                                     27 May 2013

A Vibrant City

 

 

16

Mondo Community Safety and Youth Engagement Project - funding opportunity   

 

Compiled by:               Katerina Tahija, Youth Development Officer

Tracy Leahy, Community Programs Co-ordinator

Olivia Kidon, Community Safety Co-ordinator

Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:            Erich Weller, Community and Cultural Development Manager

Yvonne Perkins, Public Domain Amenity and Safety Manager   

 

Objective

We build on our strengths, value our heritage, celebrate our cultural diversity, and foster creativity

Community Outcome

A City with people and places that are inclusive, foster creativity, and celebrate diversity (20)

Strategic Response

Encourage vibrant places in the City, and creativity, inclusivity and diversity in our communities (20.1)

       

 

Executive Summary

This report outlines the current funding situation for the Mondo Community Safety and Youth Engagement Project and identifies a number of beneficial outcomes of the project. The report also summarises a new funding opportunity to expand the Mondo project to a broader outreach, employment pathway, youth mentoring and leadership project to address youth and crime prevention issues in identified hotspots across Penrith City.

 

The Mondo Project was allocated $200,000 under the Federal Attorney General’s Safer Suburbs program for two years and the implementation of the weekly Thursday night program commenced in January 2012.

 

The Mondo Project is a partnership between Penrith City Council, Westfield Penrith, Penrith Police Local Area Command (LAC), Penrith PCYC and the Joan Sutherland Performing Arts Centre who form the Mondo Co-ordinating Committee (Stakeholders Group).  The project was developed to engage with the large numbers of young people in the green space.

 

This report recommends that the information contained in the report on the Mondo Community Safety and Youth Engagement Project opportunity be received and that Council endorse the submission of the new expanded Mondo project proposal, as outlined in this report, for funding under the National Crime Prevention Fund.

 

Background

The Mondo Community Safety and Youth Engagement Project, herein referred to as the Mondo Project, is delivered in the green public space known as the Mondo which is located adjacent to Westfield Penrith, the Joan Sutherland Performing Arts Centre and the Council Civic Centre within the Penrith City Centre. The project engages with young people in creative and innovative ways providing opportunities for positive engagement and interaction. The project has a focus on crime prevention and reduction and the implementation of social and situational crime prevention strategies.

 

https://fbcdn-sphotos-e-a.akamaihd.net/hphotos-ak-snc7/418032_316583338460157_414763055_n.jpg

The MONDO branding

 

The Mondo Project is a partnership between Penrith City Council, Westfield Penrith, Penrith Police Local Area Command (LAC), Penrith PCYC and the Joan Sutherland Performing Arts Centre who form the Mondo Co-ordinating Committee (Stakeholders Group).

 

The project was developed to engage with the large numbers of young people in the green space, some of whom were engaging in antisocial behaviour. It utilises positive social and situational crime prevention strategies, including youth engagement events and activities, positive behaviour programs, and the promotion of participation in order to enhance safety for the whole community, emphasising respectful relationships amongst young people who regularly use and enjoy the space.

 

The situational crime prevention strategies provided through the project included enhancements to CCTV cameras operating throughout the space. The upgrades included the provision of infra-red illumination to enable the cameras to capture night time footage, and the installation of additional cameras to ensure maximum coverage of the public space.

 

This project is being delivered by two Council Departments – Public Domain Amenity and Safety, and Community and Cultural Development.

 

The Mondo Project was allocated $200,000 under the Federal Attorney General’s Safer Suburbs program for two years and the implementation of the weekly Thursday night program commenced in January 2012. The Mondo project operational funds are utilised to employ a small team of casual youth support officers to deliver engagement activities with other partners in the Mondo. The Mondo Project attracts the participation of between 150-300 young people weekly.

 

The Mondo Project has been a great success and has attracted a solid reputation as an innovative, vibrant and leading edge engagement project.

 

Current Situation

The Mondo project has demonstrated a number of benefits and constructive outcomes. These are summarised below.

 

Project Benefits and Outcomes

There have been measurable changes in the Mondo space since the project’s inception. The Mondo area was perceived as an intimidating, crime active and an antisocial area with significant numbers of disengaged young people. Through engagement activities and having young people take leadership in delivering the project there have been significant increases in safety and the community perception of this space has been transformed.

 

The Mondo World’s Greatest Shave event - February 2013

 

The Mondo partnership promotes positive engagement and facilitates an innovative approach to changing the community experience of the Mondo. The project has also facilitated pathways for other services to be involved and engage with young people, adding to the range of programs and activities available.

 

There has been a 60-80 % reduction in various crime categories through diversionary rather than punitive strategies, as recorded by Westfield Security and the Penrith Local Area Command (January – December 2012) when compared to previous years. It is important to identify that crime rates and antisocial behaviour are recorded as low on Thursday nights. This statistic demonstrates that young people,  when given the opportunity to express themselves in a supportive and engaging environment, can be part of the solution to creating safe and active public spaces.

 

The project has provided opportunities for and celebrates the creative achievement of young people in outer Western Sydney. Activities such as the open mic session, M-Factor, God Box, Thursdays photographic display, art tables, sports competitions and dance offs has enabled young people to develop performing experience and  a number of young people have now performed at festivals, cultural events and competitions representing the Mondo.

 

A number of young people who have emerged as peer leaders have been employed as casual youth support officers by Council to take a lead in planning and delivering the program. These youth leaders provide a mentoring role to other young people and provide positive role models to others. Young people also regularly volunteer to assist with activities, providing ideas on how things can be improved.  Council’s Youth Development Officer leads the Mondo youth team.

 

Data is collected throughout the program to ensure currency of information and appropriate programming to meet the needs and aspirations of young people and other participants.

 

While weekly statistics are collected and recorded, an extensive survey was conducted with young people in August 2012. The survey was used to collect relevant data and programming input. 

 

Young people come from a range of areas throughout Penrith and surrounds. The majority of young people identify Penrith, Cranebrook, Kingswood, South Penrith and St Marys as their place of residence. A number of participants also come from the Lower Blue Mountains and greater Mt Druitt. The majority of young people range from 11-18 years (89%), with the majority identifying as aged between 15-18 years (76%).  The male to female ratio is fairly even, with a slightly higher representation of males.

 

The Mondo Project has been highlighted by Council as a project for which further operational funding should be sought. It has also been identified in Council’s Community Safety Plan and Youth Action Plan 2010-2013 as an important project that contributes to youth engagement and vibrant public spaces.

 

Awards

The Mondo Project was successful in the recent National Local Government Awards being commended in the ‘Youth Engagement and Participation’ category.

 

The Mondo Project was also a finalist in the 2012 NSW Local Government Cultural Awards Public Art and Place Making category and highly commended in the 2013 ZEST Western Sydney Out of the Box project award.

 

The MondoYouth Team at the ZEST Awards

 

There are ongoing requests from other local councils and community organisations that have sought advice and information on the model and strategies used for this project from across NSW and the project is referred to as a best practice model by Westfield nationally.

 

Community Safety Infrastructure

In addition to the youth engagement component of the project, situational crime prevention strategies have been implemented to enhance the physical safety of the space. Under the Safer Suburbs funding, enhancements to existing CCTV cameras and the installation of additional CCTV cameras have been completed to improve the physical safety, security and guardianship of the space. These cameras are linked to Council’s integrated CCTV system.

 

Lighting upgrades throughout the space were also completed outside the grant funding with the installation of eight new light fittings in early 2013. The lighting level throughout the Mondo area now complies with the appropriate pedestrian standard of Council’s Public Domain Lighting Policy.

 

Funding

The Mondo Project was allocated $200,000 under the Federal Attorney General’s Safer Suburbs program for two years (July 2011-June 2013). This funding contract ceases in June 2013. Due to the delivery of the Mondo project starting in January 2012, Council has made a formal request to the Federal Attorney-General’s Department that the surplus funds be utilised to extend the current Mondo Project until December 2013.

 

Funding Opportunity

A new $40 million National Crime Prevention Fund is now available to fund local programs. The National Crime Prevention Fund will target crime hotspots and will fund security infrastructure and youth mentoring and outreach programs.

 

Council proposes to apply for approximately $300,000 for social programs and approximately $20,000 for infrastructure, with the funds to be expended over two years.

 

Project Proposal

Due to the measurable success of the Mondo Project, the project proposal in this new funding application will be greatly expanded.

 

The project proposal includes:

 

1.   An outreach program across Penrith City targeting youth crime areas. This will be identified through local crime statistics, public perceptions of community safety and engagement with young people. The Mondo Thursday night program will continue and the model will form part of the outreach program.

 

2.   Expansion of employment and mentoring programs to create better pathways for young people that are experiencing employment barriers. This will include developing partnerships with local businesses to provide specific training for identified groups of young people, contributing to meaningful local employment or other education pathways.

 

3.   Youth mentoring and leadership programs enabling disadvantaged young people to develop life and employment skills.

 

4.   Installation of further lighting upgrades in parts of the Mondo area, specifically towards the Civic Centre end of the space. Improved lighting throughout this entire space will contribute to enhanced safety for all users.

 

The emphasis will be on continuing the innovative government, private sector and community organisation partnerships to deliver these programs, with Council providing leadership, coordination and responsibility for project delivery.

 

Support for the Mondo project and the new project proposal has been confirmed by the Mondo Stakeholders Committee including Westfield Penrith, JSPAC, Barnardo’s Penrith, Penrith Local Area Command, Penrith PCYC, Curious Works (youth engagement company specialising in multi media) and Penrith Youth Interagency.

 

Summary

The Mondo Community Safety and Youth Engagement Project is delivered in the green public space known as the Mondo which is located adjacent to Westfield Penrith, the Joan Sutherland Performing Arts Centre and the Council Civic Centre within the Penrith City Centre. The project engages with young people in creative and innovative ways providing opportunities for positive engagement and interaction. The project has a focus on crime prevention and reduction and the implementation of social and situational crime prevention strategies.

 

The Mondo Project is a partnership between Penrith City Council, Westfield Penrith, Penrith Police Local Area Command (LAC), Penrith PCYC and the Joan Sutherland Performing Arts Centre who form the Mondo Co-ordinating Committee (Stakeholders Group).

 

The Mondo Project was allocated $200,000 under the Federal Attorney General’s Safer Suburbs program for two years and the implementation of the weekly Thursday night program commenced in January 2012.

 

The Mondo project operational funds are utilised to employ a small team of casual youth support officers to deliver engagement activities with other partners in the Mondo. The Mondo Project attracts the participation of between 150-300 young people weekly.

 

In addition to the youth engagement component of the project, situational crime prevention strategies have been implemented to enhance the physical safety of the space.

 

This funding contract ceases in June 2013. Due to the delivery of the Mondo project starting in January 2012, Council has made a formal request to the Federal Attorney-General’s Department that the surplus funds be utilised to extend the current Mondo Project until December 2013.

 

A new $40 million National Crime Prevention Fund is now available to fund local programs. The National Crime Prevention Fund will target crime hotspots and will fund security infrastructure and youth mentoring and outreach programs.

 

Council proposes to apply for approximately $300,000 for social programs and approximately $20,000 for infrastructure, with the funds to be expended over two years.

 

The emphasis will be on continuing the innovative government, private sector and community organisation partnerships to deliver these programs, with Council providing leadership, coordination and responsibility for project delivery.

 

Support for the Mondo project and the new project proposal has been confirmed by the Mondo Stakeholders Committee including Westfield Penrith, JSPAC, Barnardo’s Penrith, Penrith Local Area Command, Penrith PCYC, Curious Works (youth engagement company specialising in multi media) and Penrith Youth Interagency.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Mondo Community Safety and Youth Engagement Project - funding opportunity be received.

2.     Council endorse the submission of the new expanded Mondo project proposal as outlined in this report for funding under the National Crime Prevention Fund.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

A LIVEABLE CITY

 

17      Residents' concerns - Hornseywood Avenue, Penrith                                                   133

 

 



Ordinary Meeting - Urgent Report                                                                          27 May 2013

A Liveable City

 

 

17

Residents' concerns - Hornseywood Avenue, Penrith   

 

Compiled by:               David Burns, Group Manager - City Presentation

Authorised by:            David Burns, Group Manager - City Presentation   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

This report provides Councillors with information about action taken by Telstra, and Telstra’s contractor Service Stream, to address asbestos contamination in Hornseywood Avenue, Penrith.  The contamination occurred during work on Telstra pits in preparation for the rollout of the National Broadband Network.  The report recommends that the information be received.

Background

The National Broadband Network (NBN) rollout is currently taking place in Penrith.

Service Stream, contractor to Telstra, is currently undertaking preparatory work in advance of the rollout.  This involves checking and, where required, replacing existing Telstra pits in footpaths.  Some pits are 30 – 50 years old and are too small for the required NBN cabling, and they are being replaced with larger plastic pits.

 

Prior to commencing work all existing pits are inspected by Service Stream, any non plastic ones are considered to potentially contain Asbestos Contaminated Material (ACM). Therefore relevant safe work practices must be followed.  

 

Prior to work commencing, residences adjacent to the pits are informed by letterbox drop that construction work will be occurring outside their houses. 

 

During recent work in Hornseywood Avenue, it is alleged a sub contractor, carrying out work on behalf of Service Stream, did not follow correct safe work practices and material was left on the ground.  This matter was brought to Council staff attention by a resident who claimed the material contained asbestos. 

 

Staff immediately contacted Telstra and were informed that both Telstra and its contractor Service Stream were aware of the issue.

 

Council’s General Manager sent a letter to Telstra expressing serious concern about the incident in Hornseywood Avenue and sought assurances that Telstra was doing everything possible to ensure that the site was made safe as quickly as possible. He also asked to be informed about plans to ensure that this type of incident could not happen again.

 

 

Current Situation

An urgent meeting was convened by Council staff and the NBN Access Network Delivery Program General Manager and Senior Relationship Specialist to ensure the urgent clean up of the site occurred.

 

During this meeting it was made known that all works regarding the NBN rollout had been suspended in the Penrith LGA.  All contractors were required to attend tool box meetings where ACM practices were reinforced.  All contractors’ vehicles in New South Wales were audited to ensure they were carrying required safety equipment.

 

The sub contractors, responsible for the work in Hornseywood Avenue, have been suspended and WorkCover is involved.

 

A full investigation is currently underway by Telstra and Service Stream.

 

To ensure all correct practices are followed there will be increased levels of supervision

when work resumes in Penrith.

 

Service Stream has received a report from an independent hygienist. A total of five (5) pits and surrounds in Hornseywood Avenue and Evan Street have been tested. Three (3) are positive for ACM.

 

The hygienist has prepared a remediation action plan and this has been discussed with WorkCover.

 

Council sent a further letter to the General Manager NBN Access Network Delivery requesting urgent remediation in the interest of the local community.  Council was advised by Telstra and Service Stream that numerous attempts have been made to clean the impacted sites but have not been completed due to requests from residents. The remediation work will be carried out following meetings with affected residents, in which meetings have already commenced.   All work will be carried out by an A Class licensed removal company with the hygienist on site.

 

All material will be removed from the affected areas by the licensed company. It will be disposed of as ACM waste and the holes will be backfilled with new clean material.

 

Service Stream will continue to consult with affected residents prior to and during the remediation works.

 

The suspended sub contractor had worked on 20 other sites in Penrith. These sites have been inspected and found to be clear of any contamination.

 

Telstra have issued a specific 1800 number for residents to contact Telstra should they have any concerns. This number is 1800 067 225.  Council’s Corporate Communications have prepared business cards with this number for outdoor staff to distribute to any enquiries they may receive when they are out in the community.   The number has also been issued to Council’s Customer Service staff and switchboard and has been broadcast on Council social media.

 

 

 

 

RECOMMENDATION

That the information contained in the report on Residents' concerns - Hornseywood Avenue, Penrith be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday 27 May 2013

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                        1

 

2        Commercial Matter - Council Property - Leasing of Suite 1 at Community Connections Nos. 114-116 Henry Street, Penrith to Gametraders Live                                                                 2

 

3        Commercial Matter - Lease of Shop 1 140 Henry Street, Penrith (Allen Arcade)             2

 

4        Commercial Matter - High Street, Penrith                                                                          2

 

5        Personnel Matter - Structure of Penrith City Council                                                        3

 

 


Ordinary Meeting                                                                                                     27 May 2013

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

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

(d)               commercial information of a confidential nature that would, if disclosed:

·                          prejudice the commercial position of the person who supplied it; or

 

·                          confer a commercial advantage on a competitor of the Council; or

 

·                          reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

A Leading City

 

2        Commercial Matter - Council Property - Leasing of Suite 1 at Community Connections Nos. 114-116 Henry Street, Penrith to Gametraders Live

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

 

3        Commercial Matter - Lease of Shop 1 140 Henry Street, Penrith (Allen Arcade)

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

 

4        Commercial Matter - High Street, Penrith

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

 

5        Personnel Matter - Structure of Penrith City Council

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 


 

ATTACHMENTS   

 

 

Date of Meeting:         Monday 27 May 2013

Delivery Program:      A Leading City

Issue:                            Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

Report Title:                Organisational Performance Report - Quarterly Review March 2013

Attachments:               Organisational Performance and Financial Review Summary



Ordinary Meeting                                                                                                                    27 May 2013

Attachment 1 - Organisational Performance and Financial Review Summary

 























































 

ATTACHMENTS   

 

 

Date of Meeting:         Monday 27 May 2013

Delivery Program:      A Liveable City

Issue:                            Provide safe, well-maintained public spaces and parks (18.1)

Report Title:                Penrith City Centre Public Domain Masterplan

Attachments:               Penrith City Centre Public Domain Masterplan.  May 2013
Authors: Place Partners & Spackman Mossop Michaels



Ordinary Meeting                                                                                                                    27 May 2013

Attachment 1 - Penrith City Centre Public Domain Masterplan.  May 2013 / Authors: Place Partners & Spackman Mossop Michaels

 














































































 


 

ATTACHMENT       

 

 

 


Date of Meeting:          27 May 2013

 

Delivery Program:       A Leading City   

 

Program:                      Corporate Finance

 

Report Title:                 2012-2013 Voted Works