Description: Council_Mark_POS_RGB

24 September 2014

 

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 29 September 2014 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Kevin Crameri OAMfrom 23 September 2014 until further notice.

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 22 September 2014.

 

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

Local Traffic Committee Meeting - 1 September 2014.

Penrith Community Safety Partnership Meeting - 3 September 2014.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 29 September 2014

 

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.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

Assistant General Manager Craig Butler



Assistant General Manager Barry Husking


General Manager
Alan Stoneham
His Worship the Mayor Councillor Ross Fowler OAM


Senior Governance Officer Glenn Schuil






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

South Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Ben Goldfinch

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Maurice Girotto

East Ward

Clr Jackie Greenow OAM

East Ward

 

Clr Michelle Tormey

North Ward

 

Clr Karen McKeown

South Ward

 

Clr John Thain

North Ward

 

Clr Greg Davies

East Ward

 

Clr Prue Car

ManagersEast Ward

 

 

Executive Managers


 


Description: Council_Mark_POS_RGB2014 MEETING CALENDAR

January 2014 - December 2014

(adopted by Council on 25/11/13 and amended by Council on 26/5/14)

 

 

 

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

 

3

10&

 

 

 

 

 

 

22^ü

(7.00pm)

 

 

15

(7.00pm)

 

24@

24

28v

26#

23 *

28

25@

29

27

24#+

 

Policy Review Committee

7.00pm

 

 

 

14

12

30

14

11

8

13

10

8

 

10

10

 

 

 

 

 

 

 

 

 

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) 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 December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2013-2014 Annual Statements are presented

 

Meeting at which any comments on the 2013-2014 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

&

Extraordinary Meeting

-            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 22 SEPTEMBER 2014 AT 7:08PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM (arrived 7:11pm) and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 August 2014

249  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 25 August 2014 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

  Mayoral Minutes

 

2        The Passing of Dorothy Radford OAM

Councillor Jim Aitken OAM arrived to the meeting, the time being 7:11pm.

Councillors Jackie Greenow OAM, John Thain, Greg Davies and Prue Car spoke in support of the Mayoral Minute.                                                                                                                            

250  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM that the Mayoral Minute on The Passing of Dorothy Radford OAM be received.

 

1        The Passing of Ron Mulock AO

Councillors John Thain, Greg Davies, Prue Car, Karen McKeown, Kevin Crameri OAM, Jim Aitken OAM, Mark Davies and Bernard Bratusa spoke in support of the Mayoral Minute.                   

251    RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral Minute on The Passing of Ron Mulock AO be received.

His Worship the Mayor, Councillor Ross Fowler OAM then asked the Councillors, staff and gallery to stand for one minute’s silence to acknowledge the passing of Dorothy Radford OAM and Ron Mulock AO, the time being 7:36pm..

Councillor Kevin Crameri OAM left the meeting, the time being 7:37pm.

 

3        Strategic Alliance between Penrith, Blue Mountains, Wollondilly and Hawkesbury Councils

Councillors John Thain, Mark Davies and Greg Davies spoke in support of the Mayoral Minute.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:41pm.                      

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

That:

 

1.   The Mayoral Minute on Strategic Alliance between Penrith, Blue Mountains, Wollondilly and Hawkesbury Councils be received.

 

2.   Council endorse the actions taken to date.

 

3.   Council agree to the establishment of a Working Party to oversee and progress a review of a strategic regional alliance.

 

4.   Council endorse an application being made for funding from the Office of Local Government to develop the proposal.

 

 

4        Year in Review

Councillors John Thain, Mark Davies, Greg Davies, Ben Goldfinch and Bernard Bratusa spoke in support of the Mayoral Minute.

The General Manager, Alan Stoneham also spoke in support of the Mayoral Minute and congratulated the Mayor on his term.                                                                                                                  

253  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral Minute on Year in Review be received.

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 13 August 2014                                                                                                                                             

254  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 August, 2014 be adopted.

 

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 8 September 2014                                                                                                                 

255  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 September, 2014 be adopted with the clarification that the words “Building Improvement Program” within the report should have read “Business Improvement Program”.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

1        Election of Mayor                                                                                                              

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Election of Mayor be received.

2.    In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Mayor be by Ordinary Ballot.

256  An AMENDMENT was moved by Councillor John Thain seconded Councillor Mark Davies

That:

1.    The information contained in the report on Election of Mayor be received.

2.    In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Mayor be open voting, by way of show of hands.

The AMENDMENT was PUT.

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

His Worship the Mayor, Councillor Ross Fowler OAM, handed over to the Returning Officer, (General Manager) Alan Stoneham, to conduct the election of the Mayor.

 

The Returning Officer indicated that he had received two (2) nominations for the position of Mayor and asked whether there were any other nominations.  No other nominations were forthcoming.

 

The Returning Officer stated that the following nominations were in order and that:

 

Councillor Ross Fowler OAM was nominated by Councillors John Thain, Mark Davies, Karen McKeown and Greg Davies and that Councillor Ross Fowler OAM accepted the nomination for position of Mayor.

 

Councillor Jackie Greenow OAM was nominated by Councillors Kevin Crameri OAM and Maurice Girotto, and that Councillor Jackie Greenow OAM accepted the nomination for position of Mayor.

 

The Returning Officer then conducted the ballot.

 

Voting for Councillor Ross Fowler OAM – Councillors Prue Car, Greg Davies, John Thain, Karen McKeown, Mark Davies, Ben Goldfinch, Tricia Hitchen, Bernard Bratusa and Ross Fowler OAM.

 

Voting for Councillor Jackie Greenow OAM – Michelle Tormey, Jackie Greenow OAM, Maurice Girotto, Kevin Crameri OAM, Jim Aitken OAM and Marcus Cornish.

 

The Returning Officer then declared the voting closed and that the result was as follows:

 

Councillor Ross Fowler OAM – 9 votes

Councillor Jackie Greenow OAM – 6 votes.

 

The Returning Officer then declared Councillor Ross Fowler OAM duly elected as Mayor for the 2014/2015 Mayoral Term.

 

His Worship the Mayor, Councillor Ross Fowler OAM then resumed the chair.

 

 

2        Election of Deputy Mayor                                                                                                 

257  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1.    The information contained in the report on Election of Deputy Mayor be received.

2.    Council consider the Election of a Deputy Mayor.

3.    In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Deputy Mayor be open voting, by way of show of hands.

4.    In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor for the 2014/2015 period be the same as the term of Office of the Mayor (until September 2015).

His Worship the Mayor, Councillor Ross Fowler OAM, handed over to the Returning Officer, (General Manager) Alan Stoneham, to conduct the election of the Deputy Mayor.

 

The Returning Officer indicated that he had received two (2) nominations for the position of Deputy Mayor and asked whether there were any other nominations.  No other nominations were forthcoming.

 

The Returning Officer stated that the following nominations were in order:

 

Councillor Greg Davies was nominated by Councillors John Thain, Ross Fowler OAM, Mark Davies and Ben Goldfinch , and that Councillor Greg Davies accepted the nomination for position of Deputy Mayor.

 

Councillor Marcus Cornish was nominated by Councillors Maurice Girotto, Jim Aitken OAM and Kevin Crameri OAM and that Councillor Marcus Cornish accepted the nomination for position of Deputy Mayor.

 

The Returning Officer then conducted the ballot.

 

Voting for Councillor Greg Davies – Prue Car, Greg Davies, John Thain, Karen McKeown, Michelle Tormey, Mark Davies, Ben Goldfinch, Tricia Hitchen, Bernard Bratusa and Ross Fowler OAM.

 

Voting for Councillor Marcus Cornish – Councillors Jackie Greenow OAM, Maurice Girotto, Kevin Crameri OAM, Jim Aitken OAM and Marcus Cornish.

 

The Returning Officer then declared the voting closed and that the result was as follows:

 

Councillor Greg Davies – 10 votes

Councillor Marcus Cornish – 5 votes.

 

The Returning Officer declared Councillor Greg Davies duly elected as Deputy Mayor for the same period as the 2014/2015 Mayoral Term.

 

His Worship the Mayor, Councillor Ross Fowler OAM then thanked his colleagues and spoke of his commitment to working for the betterment of the Penrith community over the next 12 months.

 

Deputy Mayor, Councillor Greg Davies also thanked his colleagues and spoke of his eagerness to work with the Mayor, as Deputy Mayor for the City of Penrith over the next 12 months.

 

Councillors John Thain and Mark Davies both congratulated the Mayor and  Deputy Mayor on their election and spoke of their commitment to working with them over the next 12 months.

 

The General Manager, Alan Stoneham congratulated the Mayor and Deputy Mayor on behalf of Council’s staff.

 

3        Councillor Fees                                                                                                                 

258  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the information contained in the report on Councillor Fees be received.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Badgerys Creek Airport Options                                                                           

Councillor Kevin Crameri OAM requested a memo reply concerning Council staff seeking to find out what option whether A, B or C that the airport will be pursuing.

 

RR 2           Campton Avenue, Cambridge Park - Tree Issues                                               

Councillor Prue Car requested in the first instance a memo reply followed by a Council report detailing ways in which Council can assist residents of Campton Avenue, Cambridge Park who require assistance in resolving issues with large trees located in a neighbouring school which are causing damage to homes, and whether this might fall under the new bushfire prevention legislation.

 

URGENT BUSINESS

 

UB 1           Leave of Absence                                                                                                    

Councillor Kevin Crameri OAM requested a leave of absence until further notice and that his deliveries are continued during this time.

259  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that that the matter be brought forward as a matter of urgency.

 

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

 

260  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that Leave of Absence be granted for Councillor Kevin Crameri OAM until further notice.

 

There being no further business the Chairperson declared the meeting closed the time being 8:20pm.

 


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                                                

   


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 1 September 2014                                                                                                                                              1

 

2        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 3 September 2014                                                                                                                 5

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 September, 2014

 

 

 

PRESENT

Councillor Tricia Hitchen – Representative for the Member for Penrith, Councillor Marcus Cornish, Acting Sergeant James Murray – Penrith Police, Senior Constable Mark Elliot – St Marys Police, James Suprain – Roads and Maritime Services, Wayne Mitchell – Executive Manager Environment & City Development, Adam Wilkinson – Engineering Services Manager, Graham Green – Acting Traffic Engineering Co-ordinator (Chairperson), Ruth Byrnes – Senior Traffic Engineer, Daniel Davidson – Traffic & Road Safety Officer, Bernie Meier – Acting Engineering Co-ordinator, Joshua Hull – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways Group.

 

 

APOLOGIES

Apologies were received from Councillor Jackie Greenow OAM, Councillor Karen McKeown and  David Drozd – Traffic Engineering Co-ordinator.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 August 2014

The minutes of the Local Traffic Committee Meeting of 4 August 2014 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Dunheved Road, Werrington - Feasibility of Solar Speed Monitors                           

RECOMMENDED

That the information contained in the report on Dunheved Road, Werrington - Feasibility of Solar Speed Monitors be received.

 

 

2        Caddens Road & Road No. 13, Caddens - Endorsement of Signage & Linemarking Plan

RECOMMENDED

That:

1.     The information contained in the report on Caddens Road & Road No. 13, Caddens - Endorsement of Signage & Linemarking Plan be received.

2.     The signage and linemarking plan prepared J. Wyndham Prince for the intersection of Caddens Road and Road No. 13, Caddens, (Plan Number 9336/SK69, Revision B, dated 13 August 2014) be endorsed for construction.

 

3        Grady Crescent, Erskine Park - Proposed Provision of "No Stopping" Restrictions        

RECOMMENDED

That:

1.     The information contained in the report on Grady Crescent, Erskine Park - Proposed Provision of "No Stopping" Restrictions be received.

2.     Consultation be conducted with affected businesses and any substantial objections be referred back to Council’s Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, the “No Stopping” restrictions be installed at the 90 degree bend in Grady Crescent, Erskine Park, as shown on Appendix 1.

4.     Techtronic Industries be advised of Council’s resolution.

 

4        Tyler Street & Jordan Springs Boulevard, Jordan Springs - Proposed Provision of "Give Way" Signage                                                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Tyler Street & Jordan Springs Boulevard, Jordan Springs - Proposed Provision of "Give Way" Signage be received.

2.     “Give Way” signage and associated TB hold line be provided on Tyler Street at the intersection with Jordan Springs Boulevard, Jordan Springs.

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

 

5        Cassola Place & Borec Road Intersection and Lemko Place & Borec Road Intersection, Penrith - Proposed Provision of "No Stopping" Restrictions                                     

RECOMMENDED

That:

1.     The information contained in the report on Cassola Place & Borec Road Intersection and Lemko Place & Borec Road Intersection, Penrith - Proposed Provision of "No Stopping" Restrictions be received.

2.     Consultation be conducted with affected businesses and any substantial objections be referred back to Council’s Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, the 15m “No Stopping” restrictions be installed at the Cassola Place/Borec Road intersection and the Lemko Place/Borec Road intersection, Penrith, as shown on Appendix 1.

4.     The business that made representations to Council be advised of Council’s resolution.

 

GENERAL BUSINESS

 

GB 1          Frogmore Road, Orchard Hills (Raised Councillor Tricia Hitchen)                  

Councillor Tricia Hitchen advised that vehicles waiting to enter Penrith Christian School in Simeon Road are queuing along Frogmore Road and into The Northern Road, Orchard Hills.

RECOMMENDED

That Council investigate the matter.

 

GB 2          Lemko Place, Penrith (Raised Councillor Marcus Cornish)                               

Councillor Marcus Cornish requested assessment of possible No Stopping Zones at driveways to businesses in Lemko Place, Penrith.

RECOMMENDED

That Council investigate the matter.

 

 

GB 3          Variable Message Sign (VMS) Trailers in LGA (Raised Councillor Marcus Cornish)                  

Councillor Marcus Cornish advised that there are a number of VMS trailers located in our LGA that are displaying unauthorised advertising. The Committee noted that any VMS trailer in the road reserve must comply with Roads and Maritime Services (RMS) requirements including their location, use only for traffic direction purposes and be approved by the RMS (State Roads) or by Council (Local Roads). Other VMS signs on private property are required to comply with Council requirements.

RECOMMENDED

That Council be requested to investigate options to increase patrols by compliance officers and/or Rangers and take necessary action to reduce unauthorised VMS trailers. 

 

 

GB 4          Jaeger Street/Lakeview Drive and Nightjar Street/Lakeview Drive, Cranebrook (raised Councillor Marcus Cornish)                                                                                         

Councillor Marcus Cornish requested further advice regarding his previous request for assessment of the warrant for “Give Way” signage at the intersections of Jaeger Street/Lakeview Drive and Nightjar Street/Lakeview Drive, Cranebrook.

RECOMMENDED

That Council investigate the matter.

 

 

GB 5          Bus Service Routes, Jordan Springs (Raised Busways)                                   

The Busways representative advised that Bus Service Route 783 into Jordan Springs will be detoured to allow for roadworks being undertaken during October 2014. Busways will ensure adequate notification.

RECOMMENDED

That the Committee note the information.

 

 

GB 6          Penrith Show, Penrith (Raised Busways)                                                            

The Busways representative advised that bus and traffic arrangements during the Penrith Show on the weekend of 23 and 24 August 2014 operated well.

RECOMMENDED

That the Committee note the information.

 

GB 7          Batt Street and Regentville Road, Jamisontown (Raised Councillor Tricia Hitchen)                  

Councillor Tricia Hitchen advised that the new Masters development fronting Mulgoa Road, Jamisontown will generate additional traffic accessing the development via Batt Street and Regentville Street. Council representatives advised that the impacts of traffic that will be generated by the development are being assessed for possible improvements in liaison with the developer.

RECOMMENDED

That the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:50 am.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 September, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                        29 September 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 3 September, 2014

 

 

 

PRESENT

Councillor Karen McKeown; Councillor Marcus Cornish; Allison Kyriakakis, Penrith City Council; Olivia Kidon, Penrith City Council; Yvonne Perkins, Penrith City Council; David Burns, Penrith City Council; Julie-Anne Downie,  Nepean Blue Mountains Local Area Health District - Needle and Syringe Program; Murray Halls, Penrith City Council; Julie Graham, Penrith Local Area Command; Erin Davidson, Penrith City Council; Danielle Corliss, St Marys Local Area Command; Barry Vincent, St Marys Local Area Command; Kylie Druett, Nepean Blue Mountains Local Area Health District – Drug and Alcohol; Stephen Cole, Penrith Youth Interagency; Katerina Tahija; Penrith City Council; Saheed Osikoya, Sydney Trains.

 

 

APOLOGIES

His Worship the Mayor Councillor Ross Fowler OAM; Jennifer Randall, Penrith City Council; Brett McFadden, Penrith Local Area Command; Grant Healey, Penrith Local Area Command; Gregory Peters, St Marys Local Area Command.

 

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 25 June 2014

The minutes of the Penrith Valley Community Safety Partnership Meeting of 25 June 2014 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of projects under the Penrith Community Safety Plan 2013-2016

Walk Wise Project

Allison Kyriakakis provided an update on the progress of the Walk Wise Project.

 

Students from the University of Western Sydney (UWS), Kingswood Campus have commenced the programming and development of the Walk Wise App. Allison presented a number of screen shots of the proposed App functions, layout and style. Pages currently include local walking routes and interactive maps, transport information to find the nearest bus, train or taxi, safety tips, reporting function similar to Snap, Send, Solve to report graffiti and maintenance issues, details of local walking groups and help to assist users around the App.

 

Yvonne Perkins advised that the partnership between UWS and Council for this project has been a valuable opportunity for both parties. The project will also promote student safety at the University, particularly for students walking to and from the train station and through Chapman Gardens, Kingswood.

 

Public Spaces CCTV Project – Safer Streets Programme

Allison advised that Council is still negotiating a final agreement with the Federal Attorney General’s Department for the Safer Streets Program.

 

Penrith City Council has been allocated $300,000 in Federal Grant Funding for the installation of CCTV cameras at High Street and Station Street, Penrith and Queen Street, St Marys.

 

Councillor Marcus Cornish asked how many cameras are expected to be installed with the grant funding allocated. Yvonne advised that the number of cameras to be installed at each location will be determined once a design process is undertaken by a suitably qualified contractor.

 

White Ribbon Day

Olivia Kidon advised that following the interest in last year’s White Ribbon Day event, Council is again hosting a White Ribbon River Walk event. The event will be held on Tuesday 25 November at twilight from 5.30pm to 7.30pm. It is hoped that this time will be more convenient for families and community involvement. The walk will follow the same 3.5km route from Weir Reserve, Penrith to Tench Reserve, Jamisontown.

 

Food stalls, music entertainment and the reading of the White Ribbon Oath will take place at Tench Reserve following the walk. There is also the addition of a shuttle bus to transport participants from Tench Reserve back to their vehicles at Weir Reserve.

 

Increased promotion of the event and community engagement will take place with promotional banners being placed around the City and advertising in local newspapers. Increased business participation will also be targeted.

 

Warner Youth Education Program

Olivia advised that the Warner Graffiti Education Awareness Program has been running for seven (7) years and demand for the program continues to be strong from both primary and secondary schools.

 

Feedback received from students and teachers who receive the presentation is consistently positive.

 

Allison advised that there are opportunities for members of the Partnership to view the program in schools. Sessions have now been scheduled for October and interested members should contact the Community Safety Team to organise a convenient time.

 

Yvonne advised that graffiti is slowly starting to trend down and Council’s expenditure on graffiti removal costs reflects this. There are factors that influence the trend of statistics such as levels of community reporting, pro-active Council removal efforts, school holiday periods and graffiti legislation.

 

Olivia provided an update on the green screening projects that were undertaken at six (6) selected sites across the City in 2011. These locations undertook an additional 12 month maintenance period after the initial planting and have grown substantially to cover hotspot locations. The planting of photinias has been successful and there has been a decrease in incidents of graffiti at these locations.

 

Litter Projects

Allison provided a brief update on projects linked to the Penrith Litter Management Strategy. Allison advised that low levels of contamination continue to be experienced for public space recycling bins at Tench Reserve, Jamisontown.

 

Allison also advised that the NSW Government’s ‘Hey Tosser’ campaign is being implemented by Council with local media advertising and signage to be installed at Ched Towns Reserve, Glenmore Park.

 

RECOMMENDED

That the information contained in the report on Update on the delivery of projects under the Penrith Community Safety Plan 2013 - 2016 be received.

 

 

 

Regular Items

 

A)      Penrith Local Area Command Crime Statistics

 

Julie Graham advised that number plate theft was significant a few months ago but this has recently declined. Steal from motor vehicles has once again increased with any items of value being targeted.

 

Break and enters are steady from dwellings and retail theft has decreased.

 

The cycle unit at Penrith Police has disbanded but it is looking to be reinstated for the summer months. St Marys Police still continues to have their cycle unit and will for the summer months.

 

DEFQON.1 will be held at the International Regatta Centre in a few weeks and it is anticipated that monthly statistics for drug detections will experience an upward trend.

 

B)   St Marys Local Area Command Crime Statistics

 

Barry Vincent advised that steal from motor vehicles continues to be high. Valuable items and number plates are still being targeted. Only a small proportion of number plates are being recovered and it is unknown what they are being used for as there have been minimal incidents linked to petrol theft.

 

Operation Tabella will be run at St Marys Police with the securing of number plates to vehicles with ‘one way’ screws. Yvonne offered Council support for the project and assistance if needed. Senior Constable Danielle Corliss will run the project and advised that it will be run in Masters car park, St Marys.

 

Counterfeit bank notes are also becoming more prevalent in retails transactions using $50 and $100 notes.

 

 

 

 

 

What’s in the Media?

 

Media File June 2014 - August 2014

 

 

 

 

GENERAL BUSINESS

 

GB 1          Peachtree Creek                                                                                                       

Councillor Marcus Cornish offered his appreciation to Council staff involved in recent clean-up efforts at Peachtree Creek. This has had positive impacts on the amenity and safety at this location.

 

There being no further business the Chairperson declared the meeting closed the time being 4.15pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 3 September, 2014 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Update on Fire at 19 Copeland Street, Kingswood                                                            1

 

2        Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land    5

 

3        Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa Applicant: Adan Creative Designs;  Owner: ~Ben and Rebecca Goldfinch

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 8

 

4        Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton   Applicant: Andrew Rezk and Christine Merkhaic;  Owner: ~Andrew Rezk and Christine Merkhaic

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               14

 

5        Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains Applicant: Matthew and Emma Horsfall;  Owner: ~Matthew and Emma Horsfall

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               26

 

6        Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh Applicant: Mr and Mrs Gosling;  Owner: ~Mr and Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               37

 

 

 

Outcome 3 - We can get around the City

 

7        Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys           47

 

8        Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099                                                                        51

 

9        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015                                                                                                                                  55

 

 

 

Outcome 4 - We have safe, vibrant places

 

10      Kingswood Public Domain Manual                                                                                  61

 

11      Tender Reference 14/15-08 Jamison Park Amenities                                                    64

 

12      Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo) 68

 

13      Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15         71

 

 

 

Outcome 5 - We care about our environment

 

14      Two Greater Sydney Local Land Services (GSLLS) Projects                                        89

 

 

 

Outcome 6 - We're healthy and share strong community spirit

 

15      Community Assistance Program Planned Component 2014-15                                     93

 

16      Occupation Agreement - Ripples St Marys and Penrith Swimming Centre                 106

 

17      Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney                                                                                                                           108

 

 

 

Outcome 7 - We have confidence in our Council

 

18      RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency                          113

 

19      Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood                                                                                                   117

 

20      2014-15 Financial Assistance Grant                                                                              120

 

21      Audit Committee                                                                                                             123

 

22      Summary of Investments & Bank for the period 1 August - 31 August 2014               127

 

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Update on Fire at 19 Copeland Street, Kingswood                                                            1

 

2        Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land    5

 

3        Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa Applicant: Adan Creative Designs;  Owner: ~Ben and Rebecca Goldfinch

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 8

 

4        Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton   Applicant: Andrew Rezk and Christine Merkhaic;  Owner: ~Andrew Rezk and Christine Merkhaic

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               14

 

5        Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains Applicant: Matthew and Emma Horsfall;  Owner: ~Matthew and Emma Horsfall

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               26

 

6        Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh Applicant: Mr and Mrs Gosling;  Owner: ~Mr and Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               37

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

1

Update on Fire at 19 Copeland Street, Kingswood   

 

Compiled by:               Colin Wood, Coordinator Fire Safety and Certification

Authorised by:            Tracy Chalk, Waste and Community Protection Manager 

Requested By:            Councillor Bernard Bratusa

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

      

 

Executive Summary

Councillor Bernard Bratusa has requested a report on the fire incident that occurred at the corner of Gascoigne Street and Richmond Road, Kingswood (19 Copeland Street) on 1 August 2014 when a grassfire impacted on the property.  The site has several tenancies operating and the fire caused damage to the north-eastern portion of the site adjoining Gascoigne Street.  One of the main problems in the control of the fire was the amount of materials stored on site by one of the tenants and an inability of the Fire and Rescue personnel to access the seat of the fire. 

 

Following the fire, Council Officers met with the owner of the premises on site and conducted separate discussions with the tenant.  A Demolition Order has been served on the owner of the premises to demolish the damaged storage building and a Clean-Up Notice under the Protection of the Environment Operations Act 1997 has been issued on the tenant directing them to provide details of any contaminants on the site. 

 

Unfortunately, the tenant started the work prior to obtaining the report on the contaminants.  They have been directed to concentrate on the hygienist report because this will guide them on the removal of the materials.  Once this is received, a further notice will be issued for the tenant to clean up the site and carry out any remediation works, if necessary.  It is expected that the site will be completely cleaned by mid-November 2014.

 

This report updates Council on the compliance action taken following a fire at 19 Copeland Street, Kingswood on 1 August 2014. 

Background

On 1 August 2014 a grassfire impacted on the property at 19 Copeland Street, Kingswood.  The site has several tenancies operating and the fire was generally confined to one tenancy at the north-eastern portion of the site.  This is indicated in Map 1 below.

 

Map 1:         The premises Lot 9, DP 1164803, 19 Copeland Street, Kingswood

Area edged in red indicates the approximate portion of the premises which was affect by fire

 

The fire caused damage to plant, equipment, vehicles and other associated stored materials.  One storage building on an adjoining tenancy to the west was also extensively damaged.  The main problems in the control of the fire were the amount of materials stored on site and an inability of the Fire and Rescue NSW to access the fire.

 

On 5 August 2014 Council Officers inspected the tenancy where a single storey metal storage building of approximately 50m2 had been extensively damaged.  This building requires demolition and a Notice was served on the owner of the premises to complete this work.  This building is now subject to a Demolition Order. Council Officers will continue to work with the owner and tenant to have the building removed from the site in accordance with the terms of the Order.

 

On 11 August 2014, Council Officers inspected the site in the company of the owner.  The area where the fire occurred has been tenanted by White Heavy Haulage for over 20 years, predominantly for the storage of materials including containers, drums, cars, trucks, trailers, storage containers and scrap metal (see Photograph 1 below).

 

Photograph 1

 

 

Following this inspection the tenant was contacted, who advised the principal of the business had passed away in late 2013 and they intended to remove all the materials from the site.  Council Officers indicated they were concerned for possible land contamination as a result of the land use and the damage caused by the fire.  In this regard, Council would require the submission of a report concerning possible land contamination prior to the removal of materials. The Draft Clean-Up Notice under the Protection of the Environment Operations Act 1997 was issued on 28 August 2014. 

 

A site inspection with the tenant on 17 September 2014 revealed that 20 truckloads of materials had been removed from the site in the prior three week period (see Photograph 2 below). 

 

Description: WP_20140923_012 (3)

Photograph 2 – Preliminary Clean Up of Site

 

The tenant commenced clean up works; however, the hygienist report is not yet available.  As such, works ceased and they have been directed to expedite this report.  Upon receipt of the hygienist report, a further notice will be issued for the clean up of the site and any required remediation works.

 

Conclusion

 

It is estimated that a further six weeks is needed to clear the site of all stored materials.  Should the hygienist report identify the need for remediation works, then a final clearance certificate will be required once the remediation is completed.

 

Councillors will be provided with memorandums on the progress of the works to completion. 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on the Update on Fire at 19 Copeland Street, Kingswood be received.

2.    Memorandums will be provided to Councillors updating them on the progress of the clean-up operations until it is finalised.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

2

Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land   

 

Compiled by:               Peter Blazek, Property Officer - Management

Peter Wood, Development Assessment Co-ordinator

Authorised by:            Chris Moulang, Property Development Manager

Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Facilitate quality development that contributes to a growing regional City

      

 

Executive Summary

This report is in response to Councillor Michelle Tormey’s request at Council’s Ordinary meeting of 23 June 2014 to clarify Council’s position with regard to the approval for circuses with exotic and non domesticated animals on Council owned and privately owned lands. The report is to include any history of community concerns of this matter and any similar policies adopted by other councils.

 

Currently, Council does not have an adopted policy specifically governing approvals for circuses to operate on Council or privately owned lands, however the provisions of the State Environmental Planning Policy (Exempt & Complying Codes) 2007 have been used by Council for permissibility in the past, and this is consistent with most Councils.

 

This Policy has now been repealed and those provisions relating to temporary uses and structures are now contained in State Environmental Planning Policy (Exempt and Complying Codes) 2009.

 

The existing approval method by Council is available to circus operators via a formal submission of a Development Application (DA) and the due approval conditions set out in the DA in accordance with State Environmental Planning Policy (Exempt and Complying Codes) 2009. The DA also refers to exhibition of animals under the Exhibited Animals Protection Act 1986 issued by NSW Department of Primary Industries.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

Background

Council has been administering approvals of circus operations within the locality for more than 50 years under various provisions. This included Council and privately owned lands.

 

Up to 1990, temporary permission was granted to circus operators by Council Rangers, however this was found to be inadequate and the Development Services Department was entrusted with evaluating Development Applications from circus operators under specific provisions.

 

Over the past 14 years, Council had 14 applications for circus approvals of which one was withdrawn. Of the 13 applications, 7 were on privately owned land and 5 were on Council owned land.

 

A circus operator wishing to obtain permission from Council to operate within the Local Government area was required to submit a DA which was conditioned by Development Services Department in accordance with State Environmental Planning Policy (Exempt & Complying Codes) 2007 up to 2009, and then by State Environmental Planning Policy (Exempt and Complying Codes) 2009 in addition to the Exhibited Animals Protection Act 1986 issued by NSW Department of Primary Industries.

 

The Public Domain and Amenity Department has confirmed many debates were evident in local newspapers and verbal comments on circuses and specifically their treatment and handling of exotic and non domesticated animals. However, it was also confirmed that Council did not receive any formal complaints relating to this matter.

 

It was found, following discussions with nearby councils, that some had totally banned circuses from their locality including Parramatta, Camden, Lismore, Ku-ring-gai and Wingecarribee Councils.

 

Other councils voted not to ban circuses including Blacktown, Liverpool, Baulkham Hills and Blue Mountains Councils.

 

The councils that still approve circuses do not have specific adopted policies on circuses and follow the same DA process under provisions outlined earlier in the report.

 

 

Existing Approvals

 

The following table outlines the location and land ownership of approved Circuses in the Penrith Local Government Area:

 

DA No.

Details

Land Ownership

Address

DA00/1514

CIRCUS & RELATED ACTIVITIES

Private

130-132 Batt Street JAMISONTOWN 

DA08/0224

Circus and Place of Public Entertainment - Webers Circus

Private

130-132 Batt Street JAMISONTOWN 

DA08/0567

Circus

Council - South Creek Park

Lot South Creek Park & Blair Oval 2 Charles Hackett Drive ST MARYS 

DA08/1131

Erection of a temporary structure for the purposes of a circus and place of public entertainment

Council - South Creek Park

Lot South Creek Park & Blair Oval 2 Charles Hackett Drive ST MARYS 

DA09/0957

Circus & Place Public Entertainment - Circus Royale

Private

130-132 Batt Street JAMISONTOWN 

DA10/0267

Use of Showground for Circus and erection of temporary structures - Moscow Circus

Private

Penrith Showground 127-141 Station Street PENRITH 

DA10/0495

Use for Circus

Council - South Creek Park

Lot South Creek Park & Blair Oval 2 Charles Hackett Drive ST MARYS 

DA10/0828

Erection of Tent for Circus Performance

Council - South Creek Park

Lot South Creek Park & Blair Oval 2 Charles Hackett Drive ST MARYS 

DA13/0048

Circus for up to 1000 people from 20 May 2013 to 02 June 2013

Private

2215-2227 Castlereagh Road PENRITH 

DA13/1267

Circus (Temporary Event) Including Erection of Two Tents and Seating

Council - South Creek Park

Lot South Creek Park & Blair Oval 2 The Kingsway ST MARYS 

DA970190

TEMPORARY USE FOR CIRCUS 14/7/97 - 10/8/

Private

130-132 Batt Street JAMISONTOWN 

DA970482

STARDUST CIRCUS TEMPORARY, 16/2/1998 TO1

Private

130-132 Batt Street JAMISONTOWN 

 

 

Current Applications

 

A Development Application for a Circus (Temporary Event) and Erection of a Tent at South Creek Park and Blair Oval, 2 The Kingsway, St Marys was lodged with Council on 11 September 2014. The applicant is Loritz Circus P/L and the circus is proposed to occupy the site from 29 December 2014 to 19 January 2015. The only animals involved in the circus performance are 5 miniature horses.

 

 

Conclusion

 

South Creek Park and Blair Oval at The Kingsway is the only location where Council is the landowner and has consented to Development Applications for circuses. Council does not currently have a policy of not giving consent as the land owner to Circuses which involve exotic animals. Irrespective of land ownership, Council is able to impose a condition of development consent which requires the circus to abide by the National Consultative Committee for Animal Welfare (NCCAW) Position Statement No. 26 "Recommended National Circus Standards".

 

It is recommended that Council develop a Policy in relation to the provision of approvals to operators of circuses within the Local Government Area.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land be received

2.    Council develop a new Policy in relation to consent required by a land owner to allow the operation of a circus within the Local Government Area.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

3

Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa  Applicant:  Adan Creative Designs;  Owner:  Ben and Rebecca Goldfinch   

 

Compiled by:               Christopher Hawkins, Environmental Health & Building Surveyor

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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 an existing cottage with detached garage and construction of a new single storey residential dwelling. The application is brought to this Ordinary Meeting in accordance with the requirements of Practice Note G1 of the Development Assessment Procedures Manual 2000 as the owner is a current Councillor.

 

The subject site is zoned RU5 Village under Penrith Local Environmental Plan 2010. Under the objectives of the zone, development is required to provide for a range of land uses to ensure development is compatible with the role and character of the village, available infrastructure, services and facilities and with the environmental capabilities of the land.

 

The proposed dwelling achieves these objectives by providing an innovative and site responsive development that compliments the surrounding area and minimises impacts on adjoining properties.

 

The dwelling complies with the applicable planning controls and the development application is recommended for approval.

Site and Surrounds

The subject site is situated on the Eastern side of The Straight Road approximately 50m north of the intersection with Allan Road. The site is 1012 square metres and is orientated in a Westerly direction.

 

The site is currently occupied by a single storey cottage with a detached garage which are proposed to be demolished as part of the application.

The proposed development

The proposed development includes the following:

 

·      Demolition of an existing dwelling and detached garage

·      Construction of a residential single dwelling (Appendix 2)

·      Construction of retaining walls, associated landscaping and drainage works.

 

Planning Assessment

1.  Section 79C(1)(a)(i) -  Any Environmental Planning Instrument

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

The provisions of State Regional EP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 aims to protect the environment of the Hawkesbury-Nepean River, by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the potential impact on residential development and water quality.

 

The proposed development will have minimal impacts on the total catchment management of water quality and water quantity. No heritage items are located on the site. The dwelling is considered to have minimal adverse impact on visibility from the riverine corridor and its scenic quality. The proposed dwelling is consistent with surrounding development.

 

Stormwater will be connected to an absorption trench in the rear yard of the property and a condition is recommended for erosion and sediment control.

Penrith Local Environmental Plan 2010

Permissibility

The subject site is zoned RU5 Village under Penrith Local Environmental Plan (LEP) 2010. The proposed development is defined as a Dwelling House, which is permissible under the LEP.

In accordance with Clause 6.5 protection of scenic character and landscape value the land is identified as having scenic and landscape values under the map within LEP 2010. A visual impact statement is provided in Appendix 5. This visual impact statement addresses the impacts of the development as seen from The Straight Road (being the indentified ‘road’ and the ‘public place’).

As shown in the visual impact statement, the proposed development has no significant visual impact as the development site is well setback from the road and public places and is of a single storey in height that will not protrude above the rear landscaped canopy skyline of the site/area. The new dwelling will be in keeping with the surrounding residential land uses, existing residential setbacks, and the low rise appearance of the development further limits any visual impacts. The site and area is not affected by any heritage provisions and the new dwelling will have no heritage impacts.

The visual impact of the development is therefore considered to be minimal and  is considered to comply with the objectives of the clause that requires:

·   To identify areas that have particular scenic value either from major roads, identified heritage items or other public places, and

·   To ensure development in these areas is located and designed to minimise its visual impact.

 

Clause 6.9 Mulgoa Valley in LEP 2010 identifies key objectives for lots located in the Mulgoa Valley. The proposed dwelling complies with the objectives of the LEP. The application is for a single storey, brick veneer dwelling located on a 1012m2 lot. The character of the surrounding area consists of single storey dwellings with varying front and side setbacks. The proposed dwelling is similar in style and is located outside the “vistas of heritage items” area specified on the Scenic Land and Application Map. The site is not affected by any heritage items nor is it located on Mulgoa Road.

2. Section 79C(1)(a)(iii) – Any Development Control Plan

Penrith Development Control Plan 2010

Penrith Development Control Plan 2010 applies to the land. The proposal has been assessed having regard to the provisions of Part C – Controls applying to all land uses and  Part D Rural Land and Part E, Section E2 – Mulgoa Valley as detailed below.

C1 Site Planning and Design Principles.

Appendix No. 3 shows the relevant standards and how the dwelling satisfies the requirements of Penrith DCP 2010 Part C1.

 

D1 Rural Land Uses

Appendix No. 4 shows the relevant standards and how the dwelling satisfies the requirements of Penrith DCP 2010 Part D1.

 

E2 Mulgoa Valley

E2.2.1 Heritage

The proposed development is not located in the immediate vicinity of a heritage item.

E2.2.2  Siting

The proposed dwelling is consistent with the bulk, scale, colour and design of other development in the locality. The development maintains a front setback of 7.12m, an approximate average of front setbacks in relation to adjoining development. 

 

E2.2.3 Building Form

The proposed dwelling incorporates a stepped appearance creating an articulated frontage to the street. The slope of the site has been taken into account during the design with the proposed dwelling using a stepped design to create a site responsive structure which will have minimal impacts on adjoining properties.

The proposed development also maximises solar access with the dwelling proposing north facing living and dining areas in the house design.

 

E2.2.4 Planting

Some trees and shrubs will be required to be removed for the intended development while others outside of the building footprint are to be retained. This tree/vegetation removal is considered to be minimal and satisfactory. In addition to the trees on site that will be retained and maintained, additional landscaping will be implemented. This will complement and embellish the existing landscaping.

E2.2.5 Access, Parking and services

The proposed development complies with the access, parking and services requirements of the DCP.

 

E2.2.6 Fences and entrances

The proposed development does not include the construction of any front fencing or entrance features.


 

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

Built and Natural Environment

The development is sympathetic to the streetscape and is consistent with the bulk, scale and design of other dwellings in the area. The development provides for appropriate separation between dwellings and does not detract from the amenity of neighbouring properties. The development will be conditioned to provide additional landscaping that will serve to enhance the development and the overall built and natural environment in the locality.

 

The development satisfies Council requirements for the provision of car parking. Traffic generated by the development can be accommodated by the capacity of the existing road network in the locality. 

 

The development satisfies sustainable development principles through BASIX certificate commitments including a rainwater tank and improved thermal comfort by the use of wall and ceiling insulation.

 

The site has adequate utility services & infrastructure. Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures are recommended as conditions of consent and will ensure the development does not have an adverse impact on the natural environment. 

 

Social and Economic

The proposed dwelling is compatible with the surrounding and adjacent residential land uses and does not pose any adverse social or economic impact.

 

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

 

4.  Section 79C(1)(c) – The Suitability of the Site for the Development

The subject site is within an established residential/ village area that is zoned for low density housing development. The site is not affected by any overland flows, landslip, bushfire or heritage controls. In view of the assessment, the site attributes are conducive to the type of development proposed and its integration with the character of the surrounding area. The proposed development fits the locality.

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

(i)      Internal Referrals

The application was not required to be referred to other internal departments.

 

Community Consultation

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was notified to the adjoining property owners. No submissions were received in response.

 

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

The proposal provides a development that is compatible with the existing streetscape, with no adverse impacts on the amenity of the area. The development will provide for additional housing in the area and is of public interest.


 

 

Conclusion

 

Under the objective of Penrith Local Environmental Plan 2010 Urban Land, development is required to provide for a range of land uses, services and facilities that are associated with a rural village, provide limited housing development opportunities for existing and new residents, including an ageing population and ensure development is compatible with the role and character of the village, available infrastructure, services and facilities and with the environmental capabilities of the land.

 

The subject development application seeks approval to construct a dwelling and associated landscape works and is considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive dwelling is considered to have been achieved.

 

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa be received.

2.    The application be approved subject to the following conditions.

2.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

B001 Demolition of Existing Structure

B002 Demolition and disposal to an approved landfill site

B003 General Asbestos

B004 Dust

B005 Mud/Soil

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

F006 Water tank & nuisance

H001 Stamped plans

H002 All forms of construction

H009 Cut/fill details

H022 Survey

H030 Roof finishes

H036 Rainwater tank

H037 Safe supply of water from catchment

H038 Connection of rainwater tank supply

H039 Rainwater tank pumps

H041 Hours of Work

K041 Infrastructure Bond

K202 Road act

K208 Stormwater

K501 Roads Authority

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0799 - Locality Plan

1 Page

Attachments Included

2.  

DA14/0799 - Site and elevations

1 Page

Attachments Included

3.  

DA14/0799 - DCP 2010 Part C

4 Pages

Attachments Included

4.  

DA14/0799 - DCP 2010 Part D

3 Pages

Attachments Included

5.  

DA14/0799 - Scenic Assessment

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                        29 September 2014

 

 

 

4

Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton   Applicant:  Andrew Rezk and Christine Merkhaic;  Owner:  Andrew Rezk and Christine Merkhaic   

 

Compiled by:               Gurvinder Singh, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager 

Requested By:            Councillor John Thain

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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 Torrens Title subdivision into two lots at the subject site. The application is reported to Council for determination on a request from Councillor John Thain.

 

The site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). Subdivision of land is permissible in the zone with the consent of Council. The application is accompanied by an objection under State Environmental Planning Policy (SEPP) No.1 - Development Standards regarding the minimum lot area and width required for the proposed development. That objection is addressed in this report. The Development Application (DA) was placed on public exhibition from 2 to 16 April 2014 and no submissions were received.

 

An assessment of the proposed development has been undertaken under Section 79C of the Environmental Planning and Assessment Act 1979. The proposed development does not comply with the development standards relating to minimum lot area and minimum lot width. Because the proposed subdivision would result in new allotments with narrow frontages which is inconsistent with the broader lot pattern and the resultant lots have further development opportunity for secondary dwellings the development application is recommended for refusal.

 

Background

Council granted development consents (DA 13/0367) for construction of a new two storey dwelling and (DA13/0725) for a dual occupancy comprising a two storey dwelling and a single storey dwelling and strata title subdivision at the subject site.

A new dwelling has been constructed on the site as a result of the development consent DA13/0367.

 

Site and Surrounds

The subject site is located on the southern side of Shepherd Street around 50m west of its intersection with Hewitt Street, Colyton. The site is 1095m² in area and it has a gentle fall from south to north of the site. The site has a regular shape with a frontage of 25.19m and a depth of 43.5m. A new two storey dwelling exists on the site. No vegetation and trees exist on the site. The surrounding area is established residential having mainly single dwellings.

 

See Locality Plan at Appendix No. 1.

 

The Proposal

The proposal involves subdivision of the subject land into two lots under the Torrens Title system. The two lots, Lot A and Lot B, are proposed to have an area of 548.1 and 547.8 each with a frontage of 12.6 m and 12.59 m, respectively. Access to Lot B is proposed from an existing driveway off Shepherd Street and access to Lot A from another driveway off Shepherd Street, Colyton.

 

Refer to Appendix No. 2 for a copy of the subdivision plan.

The Development Application was accompanied by the following documents:

a)         Statement of Environmental Effects prepared by Customer Centre Plus.

b)        Subdivision plan prepared by A N Design.

c)         An objection under State Environmental Planning Policy No.1 – Development Standards.

 

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) – Any Environmental Planning Instrument

Penrith Local Environmental Plan (LEP) 1998 (Urban Land)

The subject site is zoned 2(b) Residential (Low Density) under the provisions of Penrith LEP 1998 (Urban Land). The proposed subdivision is permissible in the zone with Council’s consent.

Clause 10 Subdivision Controls Generally

The above clause stipulates as follows:

 

‘The objectives of this clause are to prescribe minimum lot areas and minimum lot widths for land within a residential or rural-residential zone that will:

 

a)      provide for development that promotes housing choice

b)      encourage lot dimensions and lot areas appropriate for development permissible in each zone

c)      maintain the prevailing settlement patterns in each of the residential and rural-residential zones, and

d)      permit “strata” subdivision of dual occupancy and multi-unit housing development.

 

(5)     The council must not grant consent to subdivision of land within Zone No 2 (a1), 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e) unless the area and width of each of the resultant lots will be in accordance with the controls for the zone set out in Table 1 below:

Table 1 General Subdivision Controls

 

Standard lot

Internal lot

Zone No

minimum area

minimum width

minimum area

minimum width

2 (a1)

600 m2

20 m

700 m2

20 m

2 (a)

600 m2

15 m

700 m2

20 m

2 (b)

550 m2

15 m

650 m2

15 m

2 (c)

475 m2

12 m

525 m2

15 m

2 (d)

400 m2

12 m

450 m2

15 m

2 (e)

400 m2

10 m

450 m2

12 m

 

(6)        Despite the provisions of subclause (5), the council may consent to development that involves a subdivision of land in Zone No 2 (c), 2 (d) or 2 (e) that creates lots with smaller areas or narrower widths than the minimum areas or widths specified in Table 1, but only if:

 

(a) the development proposed includes the erection of at least one dwelling on each lot in the site area, or

(b) the development proposed is the subdivision of an existing or consented to dual occupancy or multi-unit housing.’

 

 

Table 1 shows development standards for minimum lot area and width appropriate for development in each zone. The area and width of the proposed Lots A and B in Zone 2(b) are as follows:

 

 

Area

Width

Lot A

548.1 m2

12.6 m

Lot B

547.8 m2

12.59 m

 

The proposed lot area and width of both the lots do not comply with the required development standards as shown in Table 1 for 2(b) zone.

 

The proposed subdivision of land will not maintain the prevailing settlement pattern. Most of the existing neighbouring properties have a lot width more than 15m. There are some properties that have lot width up to 25m. The details of lot area and width of the neighbouring properties along Shepherd Street, Colyton are shown at Appendix 3.

 

The proposed subdivision, if approved, will set a precedent for a narrower lot width in the 2(b) zone. It may be cited as an example and as an accepted development standard for future subdivisions in the 2(b) zone.

 

The proposed subdivision, if approved, will result in opportunities to further develop the resultant sites to include granny flats on the individual lots. This would result in a higher density in the 2(b) zone contrary to that permitted by LEP 1998 (Urban Land) for the 2(b) Residential (Low Density) zone. 

 

 

Clause 12 Building Envelopes, heights, landscaped areas and rear boundary setbacks

 

The development standards that apply to the existing two storey dwelling as a result of the proposed new boundary at the middle of the site is 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 building envelope will not be within the required measurement from the proposed eastern boundary of Lot B.

No

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

6.5m

External wall height of the dwellings is 5.44m.

Yes

Cl.12 (3) - Landscaped Area

50%

Around 47% landscaped area (excluding areas less than 2m wide)  will result for the proposed Lot B.

No

Cl.12 (4) - Rear Setback

6 m

The existing rear setback is 15.8m.

Yes

 

The proposal is not in accordance with various development standards of the LEP 1998 (Urban Land). 

 

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

The application was accompanied by a written objection to the minimum lot area and width under the provisions of 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 has lodged an objection on the grounds that the proposed subdivision is able to demonstrate achievement of the objectives of Clause 10 Subdivision Controls Generally of the LEP 1998 (Urban Land). The applicant has argued the following in favour of the proposed subdivision:

 

‘a)   Houses on same side of the street have less frontage and area and these properties were approved to be subdivided under the Torrens Title System. The proposed subdivision suits the streetscape. The existing properties at No. 96A Shepherd Street, Colyton has 12.58m frontage and an area of 450sqm, No.98 Shepherd Street, Colyton has 12.58m frontage and an area of 450sqm and No.98A Shepherd Street, Colyton has 12.57 frontage and an area of 450sqm.

 

b)    The variation to the controls for the proposed subdivision is approx 16% for frontage and 0.4% for land size. This slight variation seems unfair to warrant a refusal.’

 

Comment:

 

The objectives of Clause 10 are addressed under the heading of ‘Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998)’ in a previous section of this report. The underlying purpose of the development standards under Clause 10 is to provide lot dimensions and lot areas appropriate for development permissible in each zone.

 

Council has granted consent for a dual occupancy (DA13/0725) on the subject site which was also approved for a strata title subdivision. Prior to submission of the current DA, the applicant was advised by Council Officers that the Torrens Title subdivision will not be supported as the proposed subdivision did not meet the development standards relating to the width (15m) and area (550sqm) of the lots in the 2(b) Residential (Low Density) zone under Penrith Local Environmental Plan (LEP) 1998 Urban Land.

 

The properties listed under a) above were approved prior to the gazettal of the LEP 1998 (Urban Land). Most of the existing neighbouring properties have lot width more than 15m. There are some properties that have lot width up to 25m. Refer to Appendix 3 for lot area and width of the neighbouring properties along Shepherd Street Colyton. The approval of the current DA will set a precedent for a narrower lot width in the 2(b) zone and may be cited as an example for future subdivisions in the 2(b) zone. The intention to not support the current development application is in accordance with the provisions of LEP 1998 Urban Land and Draft LEP 2010 Stage 2.

 

Clause 3 Aims, objectives etc of SEPP cites as follows:

‘This Policy provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act’.

 

Section 5 of the Environmental Planning and Assessment Act 1979 cites as follows

 

‘The objects of this Act are:

 

(a) to encourage:

 

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

 

(ii) the promotion and co-ordination of the orderly and economic use and development of land.’

 

The proposed subdivision will not encourage the proper development of the existing lot as the proposed lots can be further developed for a higher density residential than that envisaged under the low density 2(b) zone. Higher density will not result in an orderly development commensurate with the low density zone. The non-compliance of development standards relating to lot width, lot area and building envelope will hinder the attainment of the above objects of the Act.

 

 

The SEPP1 objection has not demonstrated that compliance with the prescribed lot area and width 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 of any driveway. 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

 

The subject site is located in Zone R2 Low Density Residential under the Draft Penrith LEP 2010 Stage 2. The Draft LEP includes a development standard of a minimum 15m lot width and a minimum lot area of 550m2 for Zone R2. The proposal is not in accordance with the provisions of the Draft LEP 2010 Stage 2 as the proposed lot width and lot area are less than the above development standard.

Section 79C(1)(a)(iii) – Any Development Control Plan

Penrith Development Control Plan 2006

Penrith Development Control Plan (DCP) 2006 applies to the site. The DCP requires consideration of the following relevant matters:

 

a)      Slope and orientation of land

b)      Opportunities for solar and daylight access to future dwellings

c)      Design of road and access ways (individual site access)

d)      Retention of special qualities or features such as trees and views

e)      Availability of utilities

f)       Provision of adequate site drainage

g)      Heritage and archaeological conservation

h)      The enhancement of existing or future subdivision character.

The slope and orientation of the proposed lots is satisfactory. A dual occupancy has already been approved for the site. The matters relating to solar access were found to be satisfactory. No trees or special views exist on the site. Utilities can be imposed as a condition of consent. Site drainage is satisfactory. The site is not identified for heritage and archaeological conservation. The proposed subdivision will result in narrow allotments as compared to most allotments on the street. As a result, the proposal does not enhance the existing or future subdivision character of the street.

Section 79C(1)(a)(iv) – The Regulations

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

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

Character

The proposed development is not considered to be in keeping with the existing low density residential character of the area. The proposed subdivision, if approved, will result in opportunities to further develop the resultant sites to include granny flats on the individual lots. This would result in a higher density in the 2(b) Residential (Low Density) zone contrary to that required by LEP 1998 (Urban Land). 

 


 

Access and Traffic

Separate access to the two proposed lots will be from two driveways off Shepherd Street. The proposal would produce a consistent increase in local traffic flow; however, no adverse traffic generation impacts are expected from the proposed development. The local road network would have adequate spare capacity to cater for this traffic generation. Section 79C(1)(c) – The Suitability of the Site for the Development

 

The subject site is located within an established low density residential area. The site is not affected by any overland flows, landslip or movement. The proposed development has the potential to achieve a higher density for the proposed Lots A and B, which is contrary to the aims for the 2(b) low density zone. It is considered that the site is not suitable for the development.

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

 

Internal Referrals

 

The application was referred to the following stakeholders and their comments have formed part of the assessment:

 

Referral Body

Comments Received

Building Surveyor

No objections

Development Engineer

No objections

 

Community Consultation

In accordance with Penrith Development Control Plan 2006, the proposed development was placed on public exhibition from 2 to 16 April 2014. No submissions were received

 

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

The proposed development has the potential to result in higher density than that required under LEP 1998 (Urban Land). The character of the 2(b) Residential low density zone will be adversely affected and future development applications may cite the subject site as an example for lower width and area. Such an outcome will not be in the public interest.

Conclusion

The proposed subdivision is inconsistent with the requirements of the relevant planning instruments and development control plan. The key issue relating to the proposed development is non compliance with the lot width and area and building envelope development standards. The SEPP 1 objection submitted with the development application has not justified the proposed variation. The site is unsuitable for the proposed development and the proposal is not considered to be in the public interest.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton  be received.

 

2.    The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards regarding lot area and width under Clause 10 of Penrith Local Environmental Plan 1998 (Urban Land) not be supported.

3.    Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton be refused for the following reasons:

                             a)      The application is not satisfactory for the purpose of Section                                                79C(1)(a)(i) of the Environmental Planning and Assessment Act as                                the proposal is inconsistent with the following provisions of Penrith                                Local Environmental Plan 1998 (Urban Land):

                                       Clause 10 Subdivision controls generally in that the proposed lot                                       area and width are non compliant.

                                       Clause 12(3) Building Envelope in that the building envelope for the                                  existing two storey building is non compliant.

The application has not demonstrated that the subdivision and building envelope development standards are unreasonable or unnecessary in the circumstances as required by State Environmental Planning Policy No. 1 – Development Standards.

                              b)      The application is not satisfactory for the purpose of Section                                                 79C(1)(a)(iii) of the Environmental Planning and Assessment Act as                               the proposal is inconsistent with the following provisions of Penrith                                 Development Control Plan 2006:

 

                                      i)        The application has not satisfied Council with respect to the                                      enhancement of the existing and future subdivision character of                              the street.

 

                                    c)      The application is not satisfactory for the purpose of Section                                                79C(1)(c) of the Environmental Planning and Assessment Act 1979                               as it has not been demonstrated through compliance with the                                             relevant provisions that the site is suitable for the proposed                                        development.

 

                                    d)      The application is not satisfactory for the purpose of Section                                                79C(1)(e) of the Environmental Planning and Assessment Act as the                                       proposal is not in the public interest.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0324 - Locality Plan

1 Page

Appendix

2.  

DA14/0324 - Subdivision Plans

2 Pages

Appendix

3.  

DA14/0324 - Table lot area and width of neighbouring properties

1 Page

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - DA14/0324 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                      29 September 2014

Appendix 2 - DA14/0324 - Subdivision Plans

 


 


Ordinary Meeting                                                                                                      29 September 2014

Appendix 3 - DA14/0324 - Table lot area and width of neighbouring properties

 


Ordinary Meeting                                                                                        29 September 2014

 

 

 

5

Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains  Applicant:  Matthew and Emma Horsfall;  Owner:  Matthew and Emma Horsfall   

 

Compiled by:               Ryan Maestri, Fire Safety Officer

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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 construction of ground floor dwelling alterations and additions to a single storey dwelling. Under LEP 1998 (Urban Land) the proposal is defined as a building or structure ordinarily associated with a dwelling house. The subject site is zoned 2(a1) Residential (Urban and Landscape protection – Emu Plains) and the proposal is a permissible land use in the zoning with Council consent.

An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The application complies with the exception of the proposed landscaped area and is supported by a SEPP 1 objection seeking a variation to the required minimum landscaped area.

The SEPP 1 objection is supported as it is demonstrated that the minimum landscaped area requirement is unreasonable in this case and that the attainment of the objectives of Clause 5(a) of the Environmental Planning and Assessment Act will not be hindered by the proposal.

Background

A development application for the construction of dwelling alterations and additions at Lot 154 DP 1117222, No. 77 Forbes Street, Emu Plains was lodged on 8 July 2014 (DA14/0814). 

 

Site and Surrounds

The subject site is situated on the northern side of Forbes Street in Emu Plains and is currently occupied by a single storey dwelling and a detached garage. The site is 965.1 m2 in area and is oriented in a southerly direction.

 

The site currently has a landscaped area of approximately 415.7 m2 which represents a landscaped area of 43.07%. The minimum landscaped area requirement under the LEP is 60%.

 

As the majority of the additions to the dwelling are contained within an existing rear deck area, the proposal will only add a total of approximately 16 m2 to the total building footprint. This will decrease the landscaped area to 41.47% of the total site area.

The surrounding area is characterised by established residential development.

 

The Proposed Development

The proposed development involves the following works:

 

·    The construction of a new bedroom and ensuite at the rear of the existing dwelling in the same footprint as an existing deck.

·    The construction of an alfresco area at the rear of the existing dwelling.

·    The enlargement of the existing lounge room at the front of the dwelling under the roofline of the existing verandah.

·    The addition of a bay window to the guest bedroom at the front of the dwelling.

·    Internal alterations to the dwelling including the construction of a new laundry, ensuites, bathroom, study, kitchen, toy room and family room.

 

The development application was accompanied by:

·    An objection under State Environmental Planning Policy No. 1 to Clause 12 of Council’s Local Environmental Plan 1998 Urban Lands.

·    Statement of Environmental Effects

·    Site and building plans

·    BASIX certificate

 

Assessment of SEPP 1 Objection

Landscaped Area

A State Environmental Planning Policy No. 1 (SEPP1) objection has been lodged in support of the development application requesting a variation to the minimum landscaped area control on the following grounds:

 

·        The lot was subdivided in 2003 after the existing dwelling and garage were constructed which left the site with a landscaped area less than 60%.

·        Some existing developments in the surrounding area do not achieve the 60% landscaped requirement.

·        The proposed extension has been kept to a minimum. The majority of the proposed extension occupies the area of an existing deck and the resulting increase in site coverage is not substantial.

·        The lot is of a large size (965 m2) and still provides for a substantial amount of landscaped area.

 

 

SEPP 1 seeks to provide flexibility in the application of planning controls where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives stated in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act. These objectives relate to the proper management of resources, to promote the welfare of the community and environment and to promote the orderly and economic use of development of the land.

 

The SEPP 1 objection has been lodged in relation to the provisions of Clause 12 of Council’s LEP 1998 Urban Land, and in particular the provisions of Clause 12(3). The relevant clause states:

 

“(3) The council must not grant consent to development that involves the erection of a building in Zone No 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the building is wholly

within the building envelope, and does not contravene the maximum external wall

height or minimum landscaped area, for the zone calculated in accordance with

Table 4.”

 

The dwelling alteration and addition application proposes the following variations:

 

Relevant Clause 12(3) requirements

Requirements for Zone No. 2(a1)

Proposal

Extent of Variation

Landscaped Area

60%

41.47%

30.88%

 

1) Development Standard

The SEPP 1 objection is required to demonstrate that compliance with the aims and objectives of the relevant planning instrument and zone can still be achieved regardless of the variation to the development standard.

 

The objectives for Zone 2(a1) Residential (Urban and Landscape Protection – Emu Plains) are as follows: 

 

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

 

The proposed dwelling alteration and addition is to be built in an existing residential area.  The site has existing landscaping.  The site is not identified as being in a Heritage Conservation Area.

 

(ii)        to protect the landscape and urban area identified on the map by ensuring that new development complies with minimum landscaping, rear setback and subdivision requirements.

 

The proposed development is considered to be designed in a manner which is responsive to the site. The proposed development is compatible with surrounding land uses.

 

(iii)       to allow a limited range of compatible non-residential uses.

 

The proposed development does not include further non-residential uses.

 

The objectives for Section 12 of LEP 1998 Urban Lands are as follows:

 

(a)  Achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating height and bulk.

(b)  Minimise the impact of loss of privacy, overshadowing and loss of views.

(c)  Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear lines.

(d)  Protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.

 

The proposed dwelling alterations and additions have been designed to make the most of the site constraints and the surrounding development provides similar percentages of landscaped area.

 

The SEPP 1 objection is considered suitable on the premise that the development standard is unreasonable and unnecessary on the following basis:

 

·    The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act.

·    The dwelling addition is reasonable development for the site.

·    The extent of the landscaping is consistent with the surrounding area.

·    A rear and front landscape corridor is maintained and minimal loss of privacy is likely to occur.

 

2) Section 5 - Environmental Planning and Assessment Act 1979

Assessment of the SEPP 1 objection also needs to consider against the objectives stated in Section 5(a) (ii) of the EP&A Act which is as follows:

 

“(ii) the promotion and co-ordination of the orderly and economic use and development of land

 

It is considered that the proposed dwelling alterations and additions and associated landscape area will ensure attainment of the objectives of section (ii) and refusal would be unreasonable in this regard for the following reasons:

 

·    The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act.

·    The proposed dwelling addition is reasonable development for the site.

·    The proposal satisfies the objectives of the zone.

·    The dwelling addition has been designed to be site responsive.

 

3) Department of Planning Circular No. B1

The Department of Planning’s Circular No. B1 specifies other matters which should be considered by Council in its consideration of SEPP 1 objections including:

 

1)   Clause 8 – is the Development standard inappropriate in general terms and should Council review its planning controls? Draft instruments may also be impacted upon if SEPP 1 is repeatedly used on a clause which may be affected.

 

2)   Clause 9 – the likelihood of similar applications being made and the cumulative effect of similar approvals.

 

3)   Clause 11 – dealing with applications to extend non-conforming development by more than 10%.

 

Development applications for alterations and additions to residential properties in Penrith Local Government Area often result in pressure being placed on the minimum landscape area provisions.  In the instance of 77 Forbes Street, Emu Plains the proposal involves the addition of a bedroom, ensuite and alfresco to reflect the built forms of surrounding development.

 

The SEPP 1 objection has demonstrated that full compliance with the minimum landscaped area requirement is unreasonable. The proposed dwelling alterations and additions are unlikely to have any significant impacts on the amenity of the locality.

 

 

Planning Assessment

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

 

1.       Section 79C(1)(a)(i) – Any Environmental Planning Instrument Sydney Regional     Environmental Plan No. 20

The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 aims to protect the environment of the Hawkesbury-Nepean River, by ensuring that the impacts of future land uses are considered in a regional context.

Of most relevance to the proposal is the potential impact on residential development and water quality.

 

The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. No tree removal is required as part of this development. The dwelling alterations and additions are considered to have minimal adverse impact on visibility from the riverine corridor and its scenic quality. The proposed dwelling alterations and additions are consistent with surrounding development.

 

The proposal is in keeping with the objectives of the SREP.

 

Penrith Local Environmental Plan 1998 (Urban Land)

Under the terms of Penrith Local Environmental Plan 1998 (Urban Land) the land is zoned as 2(a1) Residential (Urban and Landscape Protection – Emu Plains). The proposed development is defined as a building or structure ordinarily associated with a dwelling house, which is permissible with the consent of Council.

 

A variation to the minimum landscaped area in LEP 1998 Urban Land has been discussed in the SEPP1 above.

 

The proposed development is also considered to have been designed as a site responsive development, compatible with surrounding residential development. The design is compatible with the existing housing in the locality.

 

2.       Section 79C(1)(a)(iii) – Any Development Control Plan

Penrith DCP 2006 Part 4 Section 4.2 – “Residential Single Dwellings” is applicable to the current development application and the following sections are relevant to the assessment process.

 

Section 5.3 Front, Side and Rear Setbacks

The objective is to ensure setbacks reflect the character of established garden suburbs and provide for development of flora and fauna corridors.

 

The proposed development does not impact side, rear or front setbacks.

 

Section 5.4 Landscaped Area and Parking

The objective is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation and provide reasonable separation between neighbouring dwellings. The proposed development does not comply with the required landscaped area for the zone. This is addressed in the SEPP 1 discussion above.

 

Section 5.5 Solar Planning

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. The applicant has demonstrated the dwelling meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive appropriate solar access.

 

Section 6.3 Building Design

The objective is that dwellings be surrounded by private gardens, their facades should display a variety of materials and shading structures and garages should be integrated with the overall architectural form and design. The proposed development is considered to comply with these objectives.

 

3.       Section 97C(1)(b) – the Likely Impacts of the Development

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

 

The impact of the development on streetscape will be minimal.

 

Stormwater is to be directed to the Council outlet at the front of the property, creating minimal impact on adjoining properties.

 

Appropriate conditions are to be included relating to the site management during construction hours and construction noise will also be subject to consent conditions.

 

4.       Section 79C(1)(c) – the Suitability of the Site for the Development

The site is suitable for the construction of dwelling alterations and additions. Whilst the minimum landscaped area requirement cannot be met, the lot is quite large and still achieves a substantial amount of landscaped area which is consistent with surrounding development.

 

5.       Section 79(C)(d) – Any submissions made in relation to the Development

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents from 7 – 21 August 2014. No objections were received.

 

Conclusion

Under the objectives of Local Environmental Plan 1998 Urban Lands, development is required to reinforce the importance of natural landscape settings and areas with heritage conservation value, protect landscapes and urban areas with identified conservation value by limiting the range of permissible uses and requiring larger residential allotments and to allow a limited range of compatible non-residential uses.

 

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

 

The SEPP 1 variation and the proposed dwelling alterations and additions are unlikely to have any significant impacts on the amenity of the locality.

 

The SEPP 1 variation and proposed dwelling alterations and additions are considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive development is considered to have been achieved.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains be received.

2.    The submitted SEPP 1 be supported to vary the minimum landscaped area requirement.

3.     DA14/0814 for dwelling alterations and additions at 77 Forbes Street, Emu Plains be approved subject to the attached conditions:

3.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

E002 Light and Ventilation

ESPECIAL Smoke detector

H001 Stamped plans

H009 Cut/fill details

H030 Roof finishes

H041 Hours of Work

K016 Stormwater

K041 Bond

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0814 - Site Plan

1 Page

Appendix

2.  

DA14/0814 - Floor Plan

1 Page

Appendix

3.  

DA14/0814 - Elevation Plan North & South

1 Page

Appendix

4.  

DA14/0814 - Elevation Plan East/West and Section Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - DA14/0814 - Site Plan

 


Ordinary Meeting                                                                                                      29 September 2014

Appendix 2 - DA14/0814 - Floor Plan

 


Ordinary Meeting                                                                                                      29 September 2014

Appendix 3 - DA14/0814 - Elevation Plan North & South

 


Ordinary Meeting                                                                                                      29 September 2014

Appendix 4 - DA14/0814 - Elevation Plan East/West and Section Plan

 

PDF Creator


Ordinary Meeting                                                                                        29 September 2014

 

 

 

6

Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh  Applicant:  Mr and Mrs Gosling;  Owner:  Mr and Mrs Gosling   

 

Compiled by:               Gavin Cherry, Principal Planner North

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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

 

Executive Summary

On 25 August 2014 at an Ordinary Meeting of Council the determination of Development Application DA14/0622 was deferred as follows:

 

“Consideration of this item be deferred to the next Ordinary Meeting of Council with a further report to be presented on the appropriate position of the shed.”

In response to this deferral, the applicant was requested to consider relocation of the proposed shed.

Written advice was received from the applicant on 24 September 2014 which confirms that the shed is not proposed to be relocated as the proposal, as indicated on the attached plans, is considered to be the most appropriate location on the site. As a result the proposed development as reported to Council on 25 August 2014 is retained in its current form.

Environmental Considerations

As outlined within the previous report to Council, the site has been the subject of unauthorised land clearing which includes the removal of mapped endangered ecological community.

Development Application 13/0354 was originally lodged with Council for the construction of a shed on the site at the rear of the truck turning area which would have necessitated further vegetation removal. This application was refused under delegated authority. An alternate shed location is indicated on the revised survey drawing included as Attachment 5 to this report. The resulting vegetation removal resulting from this shed location warranted further species impact assessment of the vegetation (being classified as endangered ecological community) and as a result of this, and the extent of vegetation already undertaken, Council officers requested that the shed be relocated to negate the need for further vegetation clearing on the site.

As a result, relocation of the proposed shed is not considered to provide the most suitable environmental outcome on the site for the following reasons:-

1.   The proposed location is consistent with the request of Council officers as part of the detailed assessment of this application and preceding applications;

2.   The proposed shed location does not require further removal of vegetation from the site which is a more appropriate environmental outcome than relocating the shed and necessitating further vegetation removal;

3.   The proposed shed location is suitably screened from the western adjoining properties by existing boundary landscaping;

4.   The proposal complies with the side boundary setback requirements within Penrith Development Control Plan 2006;

As a result the current location of the shed is considered to be the best outcome for the site and is supportable. 

Stormwater Management

Concern was raised at the previous Ordinary Meeting of Council that the proposed location of the shed will adversely affect stormwater drainage and overland flow across the site with adverse impact on neighbouring properties.

 

The proposed filling of the second driveway and turning area with 200mm crushed aggregate material will not alter the sheet flow and will not adversely impact on the existing overland flow behaviour across the site. The aggregate material is required to mitigate dust and erosion impacts and the proposed works are considered to satisfy the flooding considerations within Section 2.10 – Flood Liable Development of DCP 2006 as the works will not adversely divert sheet flow onto adjoining properties.

 

The site also currently provides a shallow depression between the dwelling house and the western property boundary which grades towards an existing drainage channel located behind the proposed shed.  To ensure that sheet flows are directed towards the truck turning area and not towards adjoining properties, the applicant was advised by Council’s Senior Development Engineer that minor regrading works are required to be undertaken. This will involve minor regrading of the land in front of the shed extending to the south western corner of the truck turning area. Given the minor nature of such regrading works, conditions of consent are considered to be a suitable and appropriate means to ensure this is addressed at the construction certificate stage. Refer to Special Condition 2.21 which has been added to provide greater clarification on required regrading works.

Subject to the imposition of the recommended conditions, and the stormwater drainage and overland flow details outlined within the previous report, the proposed shed location and proposed earth works are considered to ensure compliance with the requirements of Section 2.10 – Flood Liable Development within Development Control Plan 2006 and are considered satisfactory and supportable.

 

Conclusion

The site is suitable for the proposed development as there is not considered to be any adverse impacts arising from the development as restricted and managed by way of recommended conditions of consent.

 

The proposed storage of trucks on the land is a permissible land use under both Penrith Local Environmental Plan 201 and the Draft Local Environmental Plan.

The location of the proposed shed is the most appropriate environmental outcome on the site as outlined within this report.

 

As a result the application is considered to be worthy of support, subject to recommended conditions as outlined below.

 

RECOMMENDATION

 

That:

1.    The information contained in the further report on Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh be received.

 

2.      Development Application No DA14/0622 be approved subject to the following proposed conditions:

 

Special Conditions

 

2.1     A trial consent period of twelve (12) months is granted for the storage and basic maintenance of two (2) pieces of plant or truck vehicles operated only by the occupier or occupiers of the property  this consent lapses upon expiry of 12 months from the date of consent.  Prior to expiry of the date of the trial consent period, the applicant may submit a new Application for any continuance of the use.

 

2.2     The shed shall only be used for the storage and basic maintenance of two (2) pieces of plant or truck vehicles, where the plant or truck vehicles are operated only by the occupier or occupiers of the property. The shed may also be used to store personal items ancillary to the dwelling or rural use of the land, but is not to be habitable or for commercial purposes.

 

2.3     Truck movements are restricted to four (4) vehicle trips per day            and restricted to between 6:00am and 8:00pm Monday to Fridays. No trucks movements are permitted on Saturdays, Sundays and public holidays.

 

2.4     The property must not be used as a truck/transport depot and/or vehicle repair workshop or vehicle repair station for:

i)                 the parking or servicing of motor vehicles used in connection       with a business, industry or freight transport undertaking      garaging or storage or maintenance or servicing of any other      trucks; or

ii)       repair of vehicles

         other than the two (2) pieces of plant or trucks approved herein.

 

2.5     Storage of additional trucks or employee’s vehicles must occur at a site which is subject to development consent for such use. Employees of the business are not to leave their vehicles on site and drive one of the two trucks stored on site, unless they are a permanent occupier of the property.

 

2.6     The demountable office building must be lawfully removed from           the property within 30 days of the issue of this consent.

                            

2.7     All minor truck maintenance work is to be undertaken only by the         owner of the property and must be undertaken inside the shed on the      site. Minor truck maintenance work is to be restricted to between            6:00am and 8:00pm Monday to Fridays, 9:00am and 1:00pm                   Saturdays. No minor truck maintenance work is permitted on                Sundays and Public Holidays.  

 

2.8     Any driveway works and hard stand area are not to have an adverse impact upon stormwater surface flows on or from adjoining properties.  All works are to be flush with the natural surface.  Any works, including mounding, are not to dam, concentrate, or divert surface flows onto adjoining properties.

 

2.9     The two trucks must be stored inside the shed at all times and               no loading or unloading of goods to or from the trucks is permitted on the site.

 

2.10   No native trees or other vegetation (including shrubs and other understory vegetation) are to be removed, ringbarked, cut, topped, lopped, slashed or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council's Tree Preservation Order and Policy.

 

2.11   No fill, machinery, or materials are to be placed or stored within the      drip line of any tree.

 

2.12   Any aggregate material used for the construction of the driveway is to comply with the requirements of the EPA Recovered Aggregate         Exemption 2010.

 

2.13   Exterior lighting shall be located and directed in such a manner so as    not to create a nuisance to surrounding land uses and shall be           directed away from adjoining dwellings. The lighting shall be in     accordance with AS 4282 ‘Control of the obtrusive effects of outdoor          lighting (1997)’.

 

2.14   The earthworks approved herein must comply with AS 3798 and          Council’s Design Guidelines and Construction Specifications for Civil   Works.

 

2.15   Prior to the issue of an Occupation Certificate for the shed, a   Work-as-Executed Plan prepared by an appropriately qualified       consultant is to be submitted to Penrith City Council and verifies that           the finished ground levels reflected within the approved survey drawing (approved as part of this consent) have been maintained.           Any changes to finished ground level beyond those approved are to     be rectified prior to the issue of any Occupation Certificate.

 

2.16   The colour of the shed is to be earthy tones, consistent with nearby       sheds and in accordance with the list on the DCP and non-reflective.      Details of the colour are to be provided with the construction         certificate.

 

2.17   All piles of fill are to be removed, either dispersed over the site as top    dressing within the levels permitted by this consent or removed off          site with details of the disposal location provided to Council.

 

 

2.18   Prior to OC, a vegetated buffer 3m wide surrounding the    hardstand area to offset the impact of previous vegetation and   habitat removal and to help manage erosion and runoff, and visual amenity is to be installed. This is approximately 500m2.  The vegetated buffer is to consist of species from the Castlereagh    Scribbly Gum vegetation community and is to contain a selection   of species from the mid/under storey and the ground stratum. The species are to be selected from the following lists:

 

·           List A – Ground stratum - At least 8 different species planted at a density of 2 plants per m2.

- Aristida ramosa

- Aristida warburgii

- Boronia polygalifolia

- Dianella revoluta var. revoluta

- Entolasia stricta

- Goodenia bellidifolia subsp. bellidifolia

- Lomandra glauca

- Lomandra multiflora subsp. multiflora

- Patersonia sericea

- Platysace ericoides

- Stylidium graminifolium

- Themeda australis

- Thysanotus tuberosus subsp. tuberosus

- Xanthorrhoea minor

·           List B – Shrub stratum - At least 8 different species planted at a density of 1 plant per m2.

- Acacia brownii

- Acacia elongata

- Banksia oblongifolia

- Banksia spinulosa

- Bossiaea rhombifolia

- Callistemon pinifolius

- Daviesia ulicifolia

- Grevillea mucronulata

- Hakea dactyloides

- Hakea sericea

- Isopogon anemonifolius

- Leptospermum polygalifolium

- Leptospermum trinervium

- Lissanthe strigosa

- Melaleuca erubescens

- Melaleuca thymifolia

 

          NOTE: All plants are to be local provenance and are to be sourcedfrom nurseries using local provenance seed.

                  

2.19   In addition to the vegetated buffer plantings, 20 trees are to be               planted on the property (note: these are at a ratio of approximately   2:1 for the trees removed for the initial unauthorised works). At least 5 of these trees are to be located within the vegetated buffer                   surrounding the hardstand area and the remaining trees should be           planted to the rear of the hardstand area, augmenting the cleared         and degraded areas. Trees are to be of the following species only:

- Eucalyptus sclerophylla

- Eucalyptus parramattensis;

- Angophopra bakeri.

 

Note: NO trees are to be planted within the Asset Protection Zone of the house.

Note: All plants are to be local provenance and are to be sourced from nurseries using local provenance seed.

 

2.20   All landscape plantings are to be maintained for a period of 36               months (3 years). This includes watering, weeding and replacement         planting if plant death exceeds 15%.

 

2.21   Prior to the issue of an engineering construction certificate  the plans    are required to reflect minor regrading of ground levels to ensure      overland flow is effectively managed and dispersed through the      truck           turning area with no adverse impact onto adjoining properties.

 

Standard Conditions

 

A001 – Approved plans that are architecturally drawn – amend in red

A008 – Compliance with BCA

A019 – Occupation Certificate

A020 – Use of Building

A030 – No Retail Sales

A032 – Goods in Building

A046 – Issue of Construction Certificate

B004 - Dust

B005 - Mud/Soil

D001 – Sedimentation and Erosion Controls

D002 - Spraygrass

D005 – No filling without prior approval

D006 – No Filling without prior approval

D009 – Covering Waste Storage area

D010 - Appropriate disposal of excavated or other waste

D014 – Plant and Equipment Noise

E001 - BCA compliance

H001 - Stamped plans & erection of site notice 1 (Class 2-9)

H002 - All forms of construction

H011 – Engineering plans & specifications

H041 – Hours of work

L007 - Tree protection measures–no TMP with DA

L008 – Tree preservation order

K202 – Section 138 Roads Act

K208 - Stormwater Discharge – Minor Development

K501 – Penrith City Council Clearance – Roads Act/Local Government Act

Q001F – Notice of Commencement & Appointment of PCA

Q005F – Occupation Certification for Class 10 Structure

 

3.      Further compliance action be pursued in relation to identified unauthorised works on the site.

 

4.      Council’s Compliance Officers monitor the site for compliance with conditions of consent.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0622 - Locality Plan

1 Page

Attachments Included

2.  

DA14/0622 - Site Plan

1 Page

Attachments Included

3.  

DA14/0622 - Floor Plan and Elevations

1 Page

Attachments Included

4.  

DA14/0622 - Floor Plan and Storage

1 Page

Attachments Included

5.  

DA14/0622 - Survey Drawing

1 Page

Attachments Included

6.  

DA14/0622 - Council report (25 August 2014)

26 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

7        Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys           47

 

8        Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099                                                                        51

 

9        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015                                                                                                                                  55

 

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

7

Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys   

 

Compiled by:               Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            David Burns, Executive Manager - City Assets  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage the delivery of Council's major infrastructure projects

      

 

Executive Summary

Council received a funding offer of $2,500,000 from the Roads and Maritime Services (RMS) for the 2014/15 shared-use path works under the Traffic and Safety Management Programs.  Council resolved at its Ordinary meeting on 25 August 2014 to accept the funding offer. Construction of the South Creek pedestrian bridge is a part of this program.

 

Council advertised a tender (RFT 14/15- 01) for the construction of the pedestrian bridge at South Creek on Great Western Highway, St Marys including the construction of approach paths to the bridge.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Bridgeworks (Aust) Pty Ltd be accepted as the preferred contractor to carry out the scope of works outlined in the RFT 14/15-01.

Background

By letter dated 15 August 2014, the RMS confirmed that a funding offer of $2,500,000 has been approved for 2014/15 to continue the shared-use path project, previously known as the “NSW Bike Plan - River Cities Program”.  The 100% funding offered from the RMS will cover the cost of design, project management & construction of the Bridge at South Creek on the Great Western Highway, St Marys including the access paths.

 

As part of the RMS shared path program, South Creek bridge is one of the last links in having St Marys connected to Penrith with a continuous shared path. Once constructed, the bridge will be an asset owned by Council as part of the shared path strategy.

 

Consultation has been undertaken with the RMS for the bridge utilising an RMS accredited designer and the design proposal was accepted by the RMS before the tendering process commenced.

 

A Review of Environmental Effects (REF) was undertaken with supporting environmental investigations and the REF was exhibited from 13 June to 4 July 2014 for public comments.  No comments were received from public for the project proposal. A permit approval under Part 7 of the Fisheries Management Act 1994 was sought and received from the Department of Primary Industries (Fisheries NSW), for the proposed construction works.

 

As a means of ensuring that only contractors with bridge building experience price the contract, the tender requested that all contractors to be pre-qualified with the RMS for bridge construction works.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Ari Fernando (Major Projects and Design Coordinator), Ben Gibbons (Civil Designer) and Jake Evans (Supply Officer- Contracts) and was chaired by Michael Jackson (Design & Projects Manager). 

 

The following selection criteria was used for assessing the tenders received:

 

·    Prequalification Level with the RMS (B2)

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety (WHS)

·    Industrial Relations

·    Commercial Requirements

·    Conflict of Interest

Initial Tender Review

A full listing of the tenders received and considered is detailed below in price order (ex GST).

 

Provider

Address

 Price Ex GST

Owners/Shareholders    Directors

Bridgeworks (Aust) Pty Ltd

703 Bourke Street  Surry Hills NSW 2010 Australia

 $1,013,620.00

Joseph Tower

Abergeldie Contractors Pty Ltd

5 George Young St  Regents Park NSW 2143 Australia

 $1,067,674.00

Michael Boyle

Antoun Civil Engineering (Aust) P/L

19-21 Cann Street  Guildford NSW 2161 Australia

 $1,092,160.00

Robert Antoun

Kenpass Pty ltd

4 Heath Road Kellyville NSW 2035 Australia

 $1,266,500.00

Liam O'Gorman

Fernandes Constructions P/L

34 Ogilvie ST  Denman NSW 2328 Australia

 $1,316,153.00

Manuel Fernandes

Delaney Civil Pty Ltd

Suite 215, Zhen Building 33 Lexington Drive Bella Vista NSW 2153 Australia

 $1,326,990.00

Gerard Delaney

Christie Civil Pty Ltd

27 Moore St  Leichhardt NSW 2040 Australia

 $1,382,536.00

Michael O’Brien

Talis Civil Pty Ltd

18 Hallmark Street  Pendle Hill NSW 2145 Australia

 $1,608,433.92

Michael Fitzgerald, James Murphy & James Walsh

Civil Mining & Construction Pty Ltd

21 Lavarack Av

Eagle Farm QLD  4009 Australia

 $1,616,198.00

Peter Kendall &
David Ahern

Haslin Constructions Pty Limited

Suite 2, 2 -4 Merton St   Sutherland  NSW 2232 Australia

 $1,906,528.00

Colin Woods &
Gladys Woods

 

Following a detailed analysis of all completed responses, each tender was evaluated against the above evaluation criteria to determine an initial ranking.  Consideration was then given to the tenderers’ price schedules to determine the best value for money solution and the lowest priced tenders, with competency in technical aspects of the tender.

 

Following the initial assessment it was noted that the three lowest priced contractors had some assumptions and qualifying clauses submitted together with the tender and the apparent Lump Sum prices differences were minimal. Therefore, in order to check whether any of the contractors would have a commercial advantage from the assumptions or qualifying conditions submitted with the tender,  Bridgeworks (Aust) Pty Ltd, Abergeldie Contractors Pty Ltd and Antoun Civil Engineering Pty Ltd were invited to a post tender meeting to clarify them. All three companies were asked to also clarify that the recommended bridge deck water-proofing has been appropriately considered in their tender.

 

Responses provided by Bridgeworks (Aust) Pty Ltd, and Antoun Civil Engineering Pty Ltd at the meetings concluded that the assumptions and qualifying clauses provided did not have any commercial advantage over tender price.

 

Abergeldie Contractors Pty Ltd had submitted 19 qualifying clauses to their tender, which was discussed with Council’s Legal officer for advice before meeting with the contractor. Following meeting with Council and further clarifying Council’s intentions of the amended AS4000 General Conditions of Contract (GCC), Abergeldie Contractors Pty Ltd has since withdrawn 15 qualifying clauses and requested amendment of 3 clauses of the GCC. However, these requested changes did not have an impact on the tender price other than assessment of qualifying cause of delay of the contract, liquidated damages and their limit of liability.

Evaluation of Preferred Tenderer

The preferred tenderer, Bridgeworks (Aust) Pty Ltd was differentiated for their value for money based on the tender price, evaluation criteria, particularly regarding the demonstrated comprehensiveness of Quality Assurance, Environmental Management systems and construction program and availability.

 

Bridgeworks (Aust) Pty Ltd offered a construction program of 23 weeks subject to weather and were able to commence construction from mid-October 2014. They have completed a similar scale project for Australian Rail & Track Corporation in addition to a number of roads, drainage and bridge projects within NSW. The company has well-documented management documentation for quality assurance, environmental management, waste minimisation and WHS.

 

The recommended company, Bridgeworks (Aust) Pty Ltd is selected based on their compliance with tender evaluation criteria, their demonstrated ability to meet Council’s requirements and competitive price for the services offered.

 

A pre-tender estimate prepared by a Quantity Surveyor engaged by the bridge designer on behalf of Council for the Bridge component of the project excluding the approach paths was about $4,000 higher than the tender price of Bridgeworks (Aust) Pty Ltd. The approach paths on both sides of the bridge were estimated to be around $45,000. In consideration of the QS estimate, the lowest tender price is considered to be realistic and reasonable.

Financial Services Manager’s Comment

Included in the assessment of tender was the commissioning of independent reference checks, financial analysis, and performance analysis on Bridgeworks (Aust) Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services.  Based on this review, no concerns were raised as to the ability of Bridgeworks (Aust) Pty Ltd to perform the works described.

 

Council has received a grant of $2.5m from the Roads and Maritime Services (RMS) which includes $1m for the Shared Pathways Program, and $1.5m for the South Creek Footbridge. The tendered price of $1,013,620 is in line with estimates and can be accommodated within the grant provided by the RMS. Surplus RMS grant funds will be used for additional works around the footbridge.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Senior Governance Officer, Glenn Schuil and Governance Officer, Adam Beggs met to consider the tender for the construction of a shared path bridge at South Creek.  The TAG supports the process and the recommendations contained within the Report.

Conclusion

The Tender Evaluation Committee is of the opinion Bridgeworks (Aust) Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $1,013,620.00 excluding GST.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys be received

2.    Bridgeworks (Aust) Pty Ltd be awarded the contract for the construction of South Creek Shared Path Bridge Upgrade works for the amount of $1,013,620.00 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

8

Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099   

 

Compiled by:               Peter Blazek, Property Officer - Management

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage programs and initiatives that improve road safety, efficiency, and the parking network

      

 

Executive Summary

The purpose of this report is to seek Council approval to the proposed sale of Council land (as indicated on the attachment) for road widening purposes of Gipps Street between Great Western Highway and the M4 by Road & Maritime Services (RMS) under Land Acquisition (Just Terms Compensation) Act 1991(hereon called Just Terms). 

 

The road has been designed to enable direct links between the M4 Motorway and Sydney’s M2 and M7 Motorways. It will provide vital access to the University of Western Sydney and become part of Sydney’s planned Outer Sydney Orbital, connecting Marsden Park, the planned Broader Western Sydney Employment Area and the National Road Network. Significantly, the Werrington Arterial is the critical access to the Penrith Health and Education Precinct, a regional employment centre expected to create 12,000 high quality jobs.

 

RMS is in the process of acquiring the necessary land from affected adjoining owners to Gipps Street to widen the road. Part of the land required by RMS is located at the eastern end of Council’s Gipps Street Reserve adjacent to Gipps Street at Claremont Meadows. RMS has notified Council in accordance with Just Terms of the impending land acquisition and the independent compensation process.

 

Council was concerned with the impact on the sites leachate collection and treatment system installed as part of rehabilitation works for the former landfill land and in particular an existing leachate collection trench located within the proposed road widening area.

 

Council had several meetings and discussions with RMS to arrive at an amicable solution to address concerns including the relocation of the leachate collection trench, validating work areas as suitable for future intended land use and RMS accepting responsibility for the existing trench which will remain within RMS land after acquisition.

 

RMS had appointed independent consultants to carry out significant investigations of the leachate collection trench at this location and has supplied Council with reports confirming RMS would undertake at their cost specific works required to satisfy Council’s concerns.

 

The costs to RMS for works required to address Council’s concerns will be significant and was referred for adjudication under Just Terms to the NSW Valuer Generals Department for valuation of the subject land.

 

RMS is seeking approximately 10,000 m2 of land from Council for road widening and the Valuer General has arrived at a compensation package in favour of Council for the land at $231,000.

 

In view of RMS significant costs to relocate a leachate collection trench with associated works and the land being classified as “Community” under Council’s Plan of Management over the former landfill site it is recommended Council agree to the sale of the land for a sum of $231,000 in accordance with the terms and conditions set out by Land Acquisition (Just Terms Compensation) Act 1991.

Background

Werrington Arterial Project is a proposed arterial road along Kent Road/Gipps Street and Werrington Road/Christie Street to link the M4 Motorway at Claremont Meadows with the Castlereagh Freeway corridor in the vicinity of Marsden Park. This is a long term plan for Sydney's west as the area develops in the future. RMS is currently completing planning for Stage 1 of the proposal which includes 2 km of road widening to four lanes of Kent Road/Gipps Street corridor between the M4 Motorway and the Great Western Highway with east facing ramps on the M4 Motorway.

 

In 2010, RMS completed traffic analysis and strategic design investigations for the Werrington Arterial Stage 1.

 

In early 2011, the Federal Government committed $7 million and the NSW Government committed $10 million to progress planning for Stage 1, including developing the concept design and environmental assessment.

 

In late 2012 until February 2013 the concept design and environmental assessment for the proposal were displayed to the community for feedback.

 

In July 2013 the Submissions Report was released and project approval granted.

 

The next phase of the project is construction of Stage 1 of the project which is expected to cost around $78 million. The NSW Government has committed to half of the funding for this project.

 

Part of stage 1 works requires RMS to acquire by Just Terms certain land adjoining the current Gipps Road for road widening purposes.

 

RMS had approached Council in August 2013 with notice it would commence the acquisition of Council land being part of the former St Marys waste depot and known as Lot 12 DP 1194036 being part of land in Certificate of Title 2/81099 (approximately 10,000 m2).

 

All Council’s departments were informed of this proposal by Property Development Department and requested to comment and/or provide submissions on any issues that this proposal may affect upon the land.

 

The Environmental Health Department raised concerns about the impact on the sites leachate collection and treatment system installed as part of the rehabilitation works at the former landfill site as required to manage leachate generation from waste underneath the sites capping layer. Part of this system is located under land which RMS was to acquire for road widening.

 

Meetings were held with RMS to discuss the concerns and to arrive at an amicable solution to address Council’s concerns. RMS had appointed independent consultants to investigate the existing leachate collection trench and future works required to satisfactorily relocate the trench and validate work areas suitable for the future intended land use.

 

The independent consultants engaged by RMS have produced documentation of the leachate collection system and recommended specific works be carried out to comply with Council’s requirements.

 

Further discussions were held with RMS in relation to costs for the leachate collection trench works and who would do them. Following a lengthy negotiation period with RMS it was agreed they would pay for the works and carry them out to Council’s satisfaction.

 

However RMS also stated that the significant costs of these works would form part of the valuation process to be undertaken by the NSW Valuer General for Council land being acquired.

 

NSW Valuer General has provided an independent valuation for approximately 10,000 m2 of Council “Community” land to be acquired under Just Terms by RMS to the value of $231,000.

 

Conclusion

It is recommended that Council agree to this valuation and execute Section 30 Deed of Release and Indemnity under Land Acquisition (Just Terms Compensation) Act 1991 with RMS  which will legally exchange the subject land from Council to RMS for road widening purposes.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099 be received.

2.    Council approve the sale under Land Acquisition (Just Terms Compensation) Act 1991 of Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099 to Road & Maritime Services for a sum of $231,000.

3.    The Seal of the Council of the City of Penrith be placed on all required documentation.

 

 

ATTACHMENTS/APPENDICES

1.  

Land required at Gipps Street for Road Widening by compensation

1 Page

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Land required at Gipps Street for Road Widening by compensation

 

PDF Creator


Ordinary Meeting                                                                                        29 September 2014

 

 

 

9

Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015   

 

Compiled by:               Daniel Davidson, Traffic and Road Safety Officer

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage programs and initiatives that improve road safety, efficiency, and the parking network

      

 

Executive Summary

The purpose of this report is to advise Council of the grants offered by Roads and Maritime Services (RMS) under the Local Government Road Safety Program.  The report recommends that Council accept the grants as outlined in the report.

Background

The goal of RMS’ Local Government Road Safety Program (LGRSP) is to reduce the incidence and severity of crashes through the increased involvement of Local Government.

 

Programs targeting behavioural road safety issues are developed from local priorities identified from crash data analysis by Council's Traffic and Road Safety Officer, of which some are funded through the LGRSP.  The amount of road safety project funding available from RMS in 2014-2015 is stated as a maximum of $11,000 with projects restricted to supporting existing RMS programs. However, this year Council’s Traffic and Road Safety Officer has put forward a proposal that has derived funding for an additional project to the value of $2,000, as outlined, bringing the total funding amount to $13,000.

 

Current Situation

Funding submissions for 2014-2015 have been prepared and were submitted to the RMS for consideration, with all applications successful in gaining funding as outlined in this report.

 

The programs being implemented for 2014-2015 with grant funding from RMS are as follows:

 

Key Area - Speed Related Crashes

Local speed enforcement operations by NSW Police will be supported with courtesy speed checks and local media advertising.  Grant funding will be allocated for local media advertisements and printed materials.   Funding from RMS $4,400.

 

Key Area - Drink Drive Related Crashes

A drink driving program supporting enforcement will again be operating within licensed premises.  Funding will be used to promote in-venue materials such as pull up blinds, posters and coasters.   Funding from RMS $2,100.

 

Key Area - Vulnerable Road Users

Child Restraint Checking Days will again be conducted on two occasions this financial year.  The aim of the checking day is to promote the correct use and installation of child restraints.  Inspections will be carried out by an authorised fitter in order to identify and adjust any unsafe fittings.  Inspections are a free service to attendees of the checking day and the grant funding is allocated to promotion of the program through local media and printed materials.  Funding from RMS $3,000.

 

Key Area - Young Drivers

Graduated Licensing Scheme Workshops will again be conducted on three occasions during the year for parents/supervisors of learner drivers.  The Workshops offer practical advice on supervising learner drivers, completing the Learner Driver Log Book and the benefits of driving practice.  Workshops are promoted through local newspapers, Council’s website and correspondence to all local high schools.  Funding from RMS $1,500.

 

Additional funding

A campaign supporting Council’s initial Blackspot application for Parker Street and the Great Western Highway fronting Nepean Hospital has gained funding to work collaboratively with Nepean Hospital to design educational materials advising pedestrians (staff, visitors and students accessing the hospital) of the risks associated with midblock crossing at these locations. Pedestrians are to be encouraged to safely use the pedestrian signals provided.  Funding from RMS $2,000.

 

Financial Services Manager’s Comments

The funding offered by RMS is 100% and no matching funding is required by Council. Further, the projects are supported by Council in-kind through the provision of Council’s Traffic and Road Safety Officer to implement the programs.

 

Conclusion

Council’s Road Safety Program has been successfully implemented over a number of years, with Council’s Road Safety Coordinator successfully applying for annual funding and conducting in-depth analysis of annual motor accident statistics correlated to funded programs.  The analysis shows a continuing downward trend in crash statistics across the Penrith LGA, which may in part be attributable to the ongoing success of Council’s Road Safety Program.  This has included a consistently declining representation in drink driving statistics, which may be a sign that drink driving messages are having a positive impact on the driving behaviours of the local population.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015 be received.

2.    Council accept the grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $13,000, as outlined in the report.

3.    Council write to Roads and Maritime Services and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

 


 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

10      Kingswood Public Domain Manual                                                                                  61

 

11      Tender Reference 14/15-08 Jamison Park Amenities                                                    64

 

12      Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo) 68

 

13      Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15         71

 

 

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

10

Kingswood Public Domain Manual   

 

Compiled by:               Terry Agar, City Centres Co-ordinator

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key identified places in the City

      

 

Executive Summary

The Kingswood Public Domain Manual (“the Manual”) has been prepared to set the standards of design, materials and finish for future street upgrades and maintenance by Council, service authorities and private developers.

 

Guidance by the Manual with a specific palette of materials and finishes will produce a safe, accessible, high quality urban environment commensurate with Kingwood’s status as a specialised health and education centre.

 

At its meeting of 28 April 2014, Council resolved to exhibit the Manual as a draft document for public feedback.  The purpose of this report is to advise Council about the processes of the public exhibition and that one public submission was received. Minor amendments have been made to improve the Manual in response to the submission received. A copy of the Manual is attached to this report.

 

This report recommends that the information is received, that the Kingwood Public Domain Manual is endorsed as Council policy for the future upgrades of footpaths and public spaces in the Kingswood Centre and that the Access Committee and the Penrith Valley Chamber of Commerce be advised of Council’s decision.

Background

The Kingswood Public Domain Manual (“the Manual”) has been prepared to set the standards of design, materials and finish for future street upgrades and maintenance by Council, service authorities and private developers. 

 

Kingswood has a unique status as a specialised medical and education centre with regular use by people travelling to and from the hospital, university and TAFE.

 

Kingswood’s role as a specialised centre demands that its public domain infrastructure is of a type and quality commensurate with its status.  Continuing upgrades to the Nepean Hospital infrastructure and developer interest in construction of residential and medical services proposals in adjoining areas indicate the need for a higher standard of public street infrastructure as more people live, work and visit the centre.

 

The public domain character of the Kingswood Specialised Centre should convey to regular users and visitors images of a dynamic, orderly, safe and accessible place.  The creation of a public domain manual and its adoption by Council as policy will assist in the long term achievement of these goals.

 

The focus of the draft Manual is on the public spaces between the road kerb and the front boundary of private properties, or the Nepean Hospital (Figure 1).  It does not include any of the land within the Nepean Hospital site.

 

It is envisaged that in the long term, both Council and developers will be building high quality public domain infrastructure to the same standard and in the process creating a unique and unified image of the public footpaths and spaces in the Kingswood.

 

A report on the Manual was presented to Council on 28 April 2014 outlining its objectives and scope.  In that report, Council was advised that the recommendations of an accessibility consultant’s review had been incorporated into the Manual and that the Access Committee had been briefed on its content. Council resolved to exhibit the Manual as a draft document for public feedback.

 

 

 

Figure 1: The Kingswood Specialised Centre as defined by the red line and subject to the provisions of the Kingswood Public Domain Manual

 

Exhibition Process

The exhibition of the Manual occurred from 18 July to 8 August 2014.

 

Advertisements about the exhibition were placed in a local newspaper and posted on Council’s website.  The document was available for viewing at the Civic Centre and on Council’s website.

 

Notifications of the exhibition were emailed to all members of the Access Committee and the Penrith Valley Chamber of Commerce resulting in one submission being received.

 

 

 

 

Matters Raised in the Submission

 

A submission was made by a member of the Access Committee who provided supportive comments to improve the Manual.  The majority of the matters raised related to typographical errors in dimensions on plans.  These matters have been corrected in the document attached to this report.

 

A photograph of tactile ground surface indicators that did not comply with the Australian Standard was requested to be replaced with an example that was compliant.  This has been corrected in the document.

 

In locations where 1500mm wide footpaths are proposed (e.g. Rodgers and Orth Streets), a passing bay 1800mm wide for wheelchairs was requested (i.e. 1500mm wide path +300mm).  In subsequent discussions with the commentator, it was agreed that the existence of numerous driveways traversing the paths in the relevant streets would act as a wheelchair passing bay.  It is recommended that this request not be incorporated into the document at this time. 

 

Conclusion

The Manual was exhibited and attracted one public submission that was supportive of the intent of the Manual. This indicates that it is consistent with community expectations for the quality of the public domain in the Kingswood Centre. 

 

The adoption of the Kingswood Public Domain Manual as policy by Council will set the standard of design, materials and finish for future street upgrades and maintenance in the identified area.  Adherence to a specific palette of materials and finishes will support a safe, accessible, high quality urban character commensurate with Kingwood’s status as a specialist health and education centre.

 

It is recommended that the Manual attached to this report is adopted as policy by Council to set a standard for the future upgrades of footpaths and public spaces.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Kingswood Public Domain Manual be received.

2.    The Manual be adopted as Council policy for the future upgrades of footpaths and public spaces in the Kingswood Centre.

3.    The Access Committee and the Penrith Valley Chamber of Commerce be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1.  

Kingswood Public Domain Manual 2014

44 Pages

Attachments Included

  


Ordinary Meeting                                                                                        29 September 2014

 

 

 

11

Tender Reference 14/15-08 Jamison Park Amenities   

 

Compiled by:               Rosemarie Canales, Architectural Supervisor

Authorised by:            Ari Fernando, Major Projects & Design Co-ordinator  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide designs and plans for Council's parks, buildings, roads and drains

      

 

Executive Summary

Penrith City Council successfully applied for a grant from the NSW Department of Trade and Investment, Regional Infrastructure and Services – Office of Liquor, Gaming and Racing for the purpose of providing new and upgraded community sport and recreation facilities in Jamison Park.

 

The overall grant funded project has a number of components, one of which is the enhancement of the existing community sports facility buildings currently servicing football, cricket and athletics. This enhancement will realise an equipment store, new canteen with associated store, and sports club meeting room. The facility development will contribute to the long term sustainability of the clubs and associations utilising Jamison Park for coaching, competition, and events.  

 

Six tenders were received in response to the advertisements seeking suitably qualified contractors to construct a canteen with store, equipment store, and sports club meeting room. This report advises Council of the outcome of the tender process and recommends that the tender from Arcs Building Group Pty Ltd be accepted for the scope of works outlined in the RFT 14/15-08 Jamison Park Amenities for a total amount of $173,573 (excluding GST).

Background

On 24 June 2014, the Minister for Hospitality, Gaming and Racing, and Minister for the Arts, The Hon. Troy Grant MP, announced that Penrith City Council had been successful in its application for the full grant amount requested, from ClubGRANTS Category 3, of $934,901 as a contribution to the upgrades and new facility provision in Jamison Park. Council endorsed the acceptance of this grant at its Policy Review Meeting on 11 August 2014. Acceptance and subsequent expenditure of this grant, along with Council funding from District Open Space Section 94 Developer Contributions and its Parks Asset Renewal Program, will realise:

-        An all age and ability activity zone.

-        A new children’s playground, including shade.

-        Installation of 100 lux floodlights across the park.

-        Sports field upgrades.

-        Community sports facility building upgrades comprising; canteen with associated store, equipment store room, and sports club meeting room.

 

Tender Evaluation Process

 

To realise the community sports facility building upgrades (comprising canteen with associated store, equipment store room, and sports club meeting room) a tender for their construction was advertised on the e-tendering website, in the Sydney Morning Herald on 12 August, and on 15 August 2014 in the Western Weekender.  The tender closed on 16 September 2014.

 

Tenderers were required to submit their tender using the APET 360 online portal, which clearly identified the required response against each of the evaluation criteria. 

 

All prospective tenderers were invited to attend a pre-tender briefing and site visit on 26 August 2014.  This briefing included an online demonstration on Council’s electronic tendering portal, and provided an opportunity for prospective tenderers to seek any necessary clarification of the specifications required to perform the tender.

 

The tender evaluation was carried out on 16 September 2014. The Tender Evaluation Committee consisted of Supply Officer- Contracts, Architectural Supervisor, Project Officer and was chaired by the Design & Projects Manager. The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

 

Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).

 

Company

Tendered Price

Company Location

Directors

Arcs Building Group

$173,573

Penrith

Phillip Grueff

Cranebrook Construction

$265,149

Cranebrook

Phillip McNamara

Westco Building Consultants

$265,150

Penrith

John Cooper

ABT Constructions & Fitout

$275,552

Holsworthy

A Trejbal

Elite Commercial Solutions Pty Ltd

$358,532

Penrith

John Garathshun

Hobbs Plumbing &Drainage Company

$410,795

Blaxland

Michael Hobbs

 

All six (6) tenders received were evaluated against the selection criteria. This initial evaluation determined that all submissions were complying tenders.

 

 


 Consideration was then given to trade price schedules of the tenderers to determine the best value for money solution, and the ability of lowest priced tenders to perform with due consideration for their competency in technical aspects of the tender.

Evaluation of the Preferred Tender

Following an assessment of the tenders received, the submission from Arcs Building Group Pty Ltd was considered by the Tender Evaluation Committee to provide best value for money. 

 

Arcs Building Construction Pty Ltd is currently identified as one of the three selected contractors nominated for Penrith City Council Building Maintenance and Construction Works. They have successfully constructed other amenities projects for Council in recent years with the most recent project being East Lane Amenities in St Marys.  The contractor’s financials and ability to carry out the works has been established.

 

Hence the recommended Company, Arcs Building Group Pty Ltd, was selected based on their:

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements; and

3)   Competitive price for the services offered.

 

A reference check on ARCS website indicated that;

ARCS Building Group provides building maintenance, renovations, shop fit-outs services to Universities, Schools, Hotels, Stores, Restaurants, Real Estate and all other businesses in the Commercial/Industrial Sector.

ARCS’ awards and achievements include:

·      Finalist in My Business Awards – Fastest Growing Business, 2005/2006

·      BRW – 46th Fastest Growing Business, 2006/2007

·      Builder of one of the five ‘Houses of the Future’ for the State Government (Clay House), 2005

Source: www arcsgroup.com.au/the-company  (accessed 18/9/2014)

 

Financial Services Manager’s Comment

Arcs Building Construction is currently a supplier to Council under the Building Trades Services tender that was reported to Council on 21 March 2011. An independent financial check was conducted on Arcs at this time and was reviewed by Financial Services. The result of this review found no concern with Arcs in its ability to provide those works. An updated financial assessment is currently being undertaken on the company to assess its ability to complete these additional works, and any issues resulting from this review will be reported to Council at this meeting.

 

Acceptance of the successful ClubGRANT Category 3 application of $934,901 commits Council to matching funds of $934,901. This funding can be provided through funds available in Council’s District Open Space Developer Contributions Plan. Council has previously allocated $601,531 from the Open Space DCP for Jamison Park, and funding of $333,370 is already included in the current Operational Plan for Jamison Park.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Acting Chief Governance Officer, Glenn McCarthy and the Senior Governance Officer, Glenn Schuil met to consider the tender for the construction of amenities in Jamison Park, Penrith.  The TAG supports the process and the recommendations contained within the Report.

Conclusion

The Tender Evaluation Panel is of the opinion that Arcs Building Group Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $173,573 ex GST.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 14/15-08 Jamison Park Amenities be received.

2.    The tender for the construction works of the community sports facility building upgrades comprising; canteen with associated store, equipment store room, and sports club meeting room for the amount of $173,573 (ex GST) from Arcs Building Group Pty Ltd be accepted.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

12

Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo)   

 

Compiled by:               Ju Li, Project Co-ordinator

Ari Fernando, Major Projects & Design Co-ordinator

Michael Jackson, Design and Projects Manager

Authorised by:            David Burns, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the development of master plans and designs for Council's assets and public domain

      

 

Executive Summary

The redevelopment of Penrith Civic Arts Precinct is a major project in Council’s adopted Funding our Future (SRV) program.  The redevelopment of Penrith Civic Arts Precinct aims to provide a contemporary, inviting and functional public space.  A public tender process has been undertaken for the ground works component of this project.

 

The tender (RFT 13/14-13) for Ground Works to Penrith Civic Arts Precinct (The Mondo) was advertised in the Western Weekender on 6 June 2014 and Sydney Morning Herald on 10 June 2014. The tender closed on 1 July 2014.

 

This report advises Council of the outcome of the tender process and recommends that Council does not accept any tenders for the Ground Works to Penrith Civic Arts Precinct.

Background

The redevelopment of Penrith Civic Arts Precinct involves ground works component and above ground component.  The above ground component including landscape islands, furniture items and shade structures was to be tendered separately.

 

This tender is for all the ground works to Penrith Civic Arts Precinct including new concrete pavement, mulch, light poles, electrical services, drainage works, concrete footings for future furniture & shade structures and preparation works for future landscape islands.

 

In addition to the above-mentioned contract works, Tenderers were also required to submit a separate price for a separable portion for the replacement of three existing 3m pole lights with the new 4.5m pole lights including all the footings and associated electrical works.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Ari Fernando (Major Projects and Design Coordinator), Elizabeth Roxburgh (Landscape Architect), Ben Gibbons (Civil Designer), Ju Li (Project Coordinator) and Jake Evans (Supply Officer- Contracts) and was chaired by Michael Jackson (Design & Projects Manager).  The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

A full listing of the tenders received is below in alphabetical order.

 

Company

Company Location

Director

Builtform Constructions Pty Ltd

Unit10, 3 Packard Ave

Castle Hill, NSW 2154

David Upton

Design Landscapes Pty Ltd

586 Willoughby Road Willoughby NSW 2068

Michael Platt

Hargraves Landscapes Pty Ltd

Suite 1E/802 Pacific Highway Gordon NSW 2072

Ben Hargraves

Hobbs Plumbing & Drainage Co.

8/29 Attunga Road

Blaxland, NSW 2774

Michael Hobbs

Statewide Civil Pty Ltd

13/36 Abbott Road

Seven Hills, NSW2147

Michael Dominello

Talis Civil Pty Ltd

18 Hallmark Street,

Pendle Hill, NSW 2145

Michael Fitzgerald

 

Evaluation of the Tender

As stated earlier the redevelopment of the Penrith Civic Arts Precinct involves a ground works component, which was the subject of this tender and the above ground component, which would be the subject of a separate tender.

 

Draft designs were presented to Council at Briefings on 18 August 2014 and 1 September 2014.

 

As a result of the presentations, design changes were requested that significantly affected the original design. Therefore due to these design changes, it is recommended that no tenders are accepted from this tender process and that new tenders are called once the redesign of the Civic Arts Precinct is finalised and adopted by Council.

 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Acting Chief Governance Officer, Glenn McCarthy and the Senior Governance Officer, Glenn Schuil met to consider the tender for the provision of ground works to Penrith Civic Arts Precinct (the Mondo).

 

Under clause 178 (1) of the Local Government (General) Regulation 2005 a Council has the option to either accept the tender that appears most advantageous in the circumstances or decline to accept any of the tenders. This decision must be taken by a resolution of the Council.  The TAG supports the recommendation that the Council not accept any tender, and that new tenders are invited when the redesign of the project is finalised.


 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo) be received.

2.    Council not accept any tender and that new tenders are invited when redesign is finalised.

3.    All tenderers be advised of the decision.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

13

Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15   

 

Compiled by:               Heather Chaffey, Neighbourhood Renewal Coordinator

Anjali Roberts, Cultural Development Officer - Local

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Work with the community to deliver priority infrastructure and activation projects in identified established areas of the City

      

 

Executive Summary

This report informs Council of the successful outcomes in the 2013- 2014 Magnetic Places Neighbourhood Renewal Grants Program and recommends 9 placemaking projects for funding in 2014-2015.

 

Since 2007, Magnetic Places has resulted in the delivery of 51 innovative and highly successful placemaking and activation projects, celebrating creativity, diversity and culture in 12 established neighbourhoods across Penrith City. 

 

Magnetic Places supports local residents, artists, community organisations and local business to work together to transform local spaces into vibrant places across Penrith City. Positive outcomes include greater community cohesion, participation and wellbeing through the development of healthier and more attractive places in our neighbourhoods.

 

Magnetic Places compliments the investment in identified priority neighbourhoods as a key component of the endorsed Special Rates Variation (SRV) 2011. The program positions Penrith City as an innovator in community led place making.

 

The projects that were funded in the previous 12 months have continued to bring public places to life in innovative ways. In 2013-14 approximately 600 people, 8 artists, 12 community and cultural organisations, as well as a range of local businesses directly participated in Magnetic Places activities and events. 

 

The Magnetic Places 2014-15 funding round continues to offer 3 streams to support creative, cultural and place making projects as well as community activation events in local parks. Funds totalling $50,000 are available for allocation in the 2014-15 program.

 

The report outlines that 13 applications were received in the 2014-15 funding round. After a competitive assessment process the panel has recommended 9 projects, listed in Appendix 1, be funded to the value of $48,000.  The remaining $2000 will be allocated to support documentation of funded projects for the future development and promotion of the program.

 

The report further recommends that all unsuccessful projects listed in Appendix 2 are provided with feedback including options for alternative funding sources.

 

 

 

 

Background

The Magnetic Places Neighbourhood Renewal Grants Program was initiated in 2007-08 as a pilot with the objective of enabling residents, community groups, artists and organisations to activate local places. Funds were allocated to the development of activities in local communities that enlivened and enriched community meeting places across Penrith City, transforming them into ‘magnetic places’.

 

Since inception, the program has funded 51 successful projects, each celebrating creativity, diversity and culture in the established neighbourhoods across the City. Magnetic Places has been a catalyst in assisting local creative and cultural activity to be more visible and enabling the diverse voices of the community to be heard. Project evaluations demonstrate that participants have made new friends, gained new confidence, and have learned new skills. Public spaces have been transformed into magnetic, creative and meaningful places making a valuable contribution to the health and wellbeing of residents and communities.

 

Magnetic Places has generated a high level of interest from local communities, the arts and cultural sector across Sydney, as well as State and Federal arts and cultural agencies. The program was the recipient of a Local Government Cultural Award at Parliament House NSW in 2010.

 

Description: https://www.dropbox.com/sh/k7hnrnheotqsmoe/AAD1LBBdURD_C2JbImSgzlUDa/A%20Place%20to%20Call%20Home/A%20Place%20to%20Call%20Home%20%C2%A9%20Michael%20K%20Chin-18.jpg?raw=1&dl=0

A Place Called Home: St Marys

 

The Magnetic Places program funds projects across the following categories:

Stream 1– Community Collaborations directed at small projects that offer creative responses to issues identified by local residents with a focus on place. Priority is given to projects which activate local parks.

Stream 2– Creative Communities focuses on projects that activate and bring to life public spaces and meeting places through creative engagement and expression of local residents. Priority is given to proposals that build partnerships. 

Stream 3– Seeding Creativity targets projects that activate and transform a public space through creative and cultural collaboration with the local community, over 2 years. Priority is given to projects that develop strategic partnerships with a range of organisations to highlight community strengths or respond to a community issue that emerges over the course of the project. Projects that demonstrate development and sustained outcomes beyond the life of the project are prioritised.

Description: Capture Colyton • © Michael K  Description: Capture Colyton • © Michael K

Capture Colyton: a  mural by local residents

 

2013-14 Program Outcomes

In October 2013 Council endorsed funding for 7 projects through Magnetic Places totalling $43,500.

Project evaluations reflected that approximately 600 people directly participated in Magnetic Places activities and events across the City in 2013-14.  Local residents led and collaborated with artists, community organisations and businesses to activate community meeting places.

 

Highlights from the 2013-14 program included:

 

·    Chinese Community Artwork by Penrith Women’s Health Centre which resulted in the restoration of the Chinese mosaic on the grounds of the Llandilo Association Hall, led by local residents in collaboration with artist Diamando Koutsellis.

·    Let’s Get Digital, a collaboration by North St Marys Neighbourhood Centre with arts media organisation CuriousWorks and Chifley College Dunheved Campus. It involved a series of workshops in developing the skills of young people in digital storytelling held at North St Marys Neighbourhood Centre.

·    Penrith Women Cancer Survivors Gathering, a project led by the Cancer Council. The project involved a group of women working with 2 art therapists at Wainwright Park in Kingswood. Together the women made ‘gratitude flags’ and shared their stories through creativity.

·    Generation Z, a project by artist Mandy Schöne Salter in collaboration with Werrington Youth Centre and young people of Werrington. Photography workshops with young people culminated in the images being ‘pasted up’ at Werrington Train Station, receiving a positive response from local commuters. This project was also included as part of the Head On Photo Festival 2104 and produced a hard copy publication which showcased the best photographic works taken by participants during this project.

·    Art in A Can by Fusion Youth Services Western Sydney delivered in partnership with Blue Mountains Street Art Collaborative and the young people of Cranebrook creating an artwork on the outside (board mounted) of the Fusion building in Cranebrook.

·    A Place Called Home a project by artist Abaker Athum was delivered in partnership with STARTTS (NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors). This project activated St Marys Corner through street dance, krump and film workshops with young people in St Marys led by a collaborative team of artists.

·    The Capture Colyton Place Making Project a 2 year project by St Clair Youth and Neighbourhood Team. In Year 2, artist Claire Nakazawa led a series of art making workshops culminating in a mural created and produced by local residents, located on the wall at the supermarket at Day St shops.

 

Description: Chinese Community Mosaic • Magnetic  Places • © Michael K

 

Chinese Community Artwork: Llandilo Association Hall

 

Feedback and evaluations from participants and local residents has been extremely positive, and has included the following reflections:

 

“Wow, I didn’t see the beauty of Colyton until I saw it through a lens!”

 

 “It’s great to see the local kids respecting the wall with no graffiti on it so far.”

 

“It’s nice to see our community with art instead of graffiti.”

 

 “I feel proud of our work, the hall, our community.”

 

In addition to the activation of public spaces, benefits identified by participants include:

 

·    greater ownership of place and connectedness in communities,

·    collaborations between residents, artists, local business and organisations,

·    the development of new skills and creative potential,

·    building of personal confidence,

·    new training pathways and opportunities.

 

Positive stories from the program have been told through local media. Projects have received press coverage locally with active support from Council’s Communications Team in the Penrith Press, Penrith Star as well as on Penrith City Council’s Facebook page, Twitter, the Magnetic Places Blog http://magneticplaces.blogspot.com.au/ and cultural sector e-networks such as Artfiles.

 

To celebrate the success of these projects and to encourage people to apply for the new funding round, a social media strategy was produced by filmmaker Mike Chin of Tokyo Love-In. This consisted of a short clip hosted on YouTube clip being produced for each project and promoted on Facebook along with still images, see https://www.facebook.com/MagneticPlaces .

 

The Magnetic Places program has been promoted through social media platforms including Council’s Facebook page.  The Magnetic Places Facebook Page has over 120 likes and Facebook statistics indicate posts have a reach of over 1000 users. This supports residents and others to have a positive view of the communities that host Magnetic Places projects.

 

The social media campaign was further supported by the delivery of an Artist + Community Toolkit Workshop called “Create the Buzz” in March, delivered by Mike Chin. This practical workshop focused on developing skills in promoting projects through creating and implementing a social media strategy and interconnecting their use of TUMBLR, Facebook, Pinterest, Linked In and hash-tags.

 

Description: https://www.dropbox.com/sh/k7hnrnheotqsmoe/AADVVOtqcQsKwEtwuMlB3cuia/Generation%20Z/Generation%20Z%20Paste-Ups%20%E2%80%A2%20%C2%A9%20Michael%20K.%20Chin-1004213.jpg?raw=1&dl=0

 

Generation Z: Werrington

 

 

Magnetic Places Neighbourhood Renewal Grants Program 2014-15

The program has a total of $50,000 dedicated each year. Continuing to build on the improvements to the program of previous years, the Magnetic Places 2014-15 Program Guidelines have been reviewed with a renewed emphasis on the activation of local parks for Stream 1 and public spaces for Streams 2 and 3. As per the improvements to the program in 2011 and 2012, individual artists are encouraged to apply and groups may apply for all streams concurrently.

 

Magnetic Places applications opened on 29 July and closed 2 September 2014. Applicants were required to submit their applications using the online application, SmartyGrants.

 

The program called for applications in the following categories:

 

Stream 1 - Community Collaborations: projects could apply for funds up to $1,500.

 

Stream 2 - Creative Communities: projects could apply for funds up to $8,000.

 

Stream 3 - Seeding Initiatives: projects could apply for funds up to $15,000 for the first year and up to $15,000 for the second year of the project, totalling $30,000 over two years.

 

Program guidelines were also available on Council’s website and in hard copy at Council’s front desk both at St Marys and Penrith.

 

Program Promotion

The Magnetic Places Neighbourhood Renewal Grants Program 2014-15 was extensively advertised to organisations, artists and residents across Penrith and wider Western Sydney in a promotional strategy commencing in late July and running up to the closing date in September 2014.

 

The promotion included the distribution of Magnetic Places posters and information postcards as well as an extensive social media and electronic media strategy.

 

One of the postcard designs used to promote the Program featuring a participant in the Chinese Community Artwork at Llandilo

 

The program was promoted in the following forums:

 

·    the Artist and Community Toolkit mailing list and e-network

·    local community services networks such as Penrith Interagency and Penrith Youth Interagency,

·    the Penrith City Council website, Twitter and Facebook platforms

·    local Neighbourhood Centres

·    Artfiles News

·    other cultural sector e-bulletins

·    various Arts Centres including Casula Powerhouse, Bankstown Arts Centre, Blue Mountains Cultural Centre, Blacktown Arts Centre and Library, Parramatta Artist Studios

 

Support to Applicants

To assist people in the application process an information session presented by Council officers was held at Penrith Library Theatrette on Friday 8 August.

 

Approximately 25 enquiries were received by telephone and email for Magnetic Places. All of these were followed up by Council officers through face to face meetings, phone meetings or return phone calls.

 

Assessment of 2014-2015 Applications

A total of 13 applications were received in the 2014- 15 round of the Magnetic Places Grants Program.

 

An assessment panel was formed to develop recommendations to Council on which projects to fund. The panel included the Place Manager, Neighbourhood Renewal Coordinator, Cultural Development Officer Local as well as Lina Kastoumis, Program Officer, Community Partnerships from the Australia Council for the Arts.  Ms Kastoumis brings a wealth of knowledge and skill from her role at the Australia Council and provided an independent voice in the assessment process.

 

The Magnetic Places assessment panel discussed each application against the Magnetic Places Neighbourhood Renewal Grants Program 2014-15 criteria and objectives described in the Program Guidelines.

 

Applications recommended for funding by the assessment panel

Thirteen applications were received, requesting a total of $90,000, far in excess of the $50,000 available.  Of these applications, 12 satisfactorily met eligibility requirements and were assessed by the panel against the essential criteria on their merits and ranked according to how well they met these criteria.

 

The competitive assessment process resulted in 9 applications being recommended by the assessment panel to Council for funding to a total of $48,000. In accordance with the program criteria, projects that activate places in the Neighbourhood Renewal areas have been prioritised and this is reflected in the panel’s recommendations.

 

Projects that have been recommended for funding meet all of the essential and desirable criteria as prescribed in the Program Guidelines. Detailed summaries of projects recommended for funding are provided in Appendix 1.

Details regarding those projects not recommended for funding by the assessment panel are provided in Appendix 2 including the panel’s reasons for its recommendations.

 

Council officers will be available to give detailed feedback for unsuccessful applicants to assist future applications and include suggestions for alternative funding sources outside Council’s Magnetic Places Program.

 

2014-15 Summaries of Recommended Projects

 

Projects recommended by the assessment panel totalling $48,000 to be funded in 2014-15 are listed below.

 

Table 1- Recommended Projects 2014-15:

 

Project Name

Neighbourhood

Applicant

Recommended funding

Stream 1 - Community Collaborations

Colyton Kite Project

Colyton

St Clair Youth and Neighbourhood Centre (SCYNT)

 

$1,500

Visual Picnic

 

Kingswood

Emma Sputnik

 

$1,500

Art in the Park

 

North St Marys and Kingswood

Rachel Hall

$1,500

‘Cranebrook Catch-up’ Family Fun Day

Cranebrook

WestCare

$1500


 

Stream 2 - Creative Communities

Cranebrook: I Have a Dream

 

Cranebrook

Information and Cultural Exchange (ICE)

$8,000

Every Face has a Place

North St Marys

The Song Room

$8,000

Community Meeting Place

Kingswood Park

NCNS

$6,200

Poetry in Public Spaces

North St Marys & St Marys

Shared Reading NSW

$6,000

Stream 3 - Seeding Creativity

Meet St Marys

 

St Marys

Fusion Western Sydney

$13,800

(Stage 1: 2014-15)

 

TOTAL

$48,000

 

The remaining $2000 will be allocated to support documentation of funded projects for the future development and promotion of the program.

 

Conclusion

The Magnetic Places Neighbourhood Renewal Community Cultural Grants Program continues to grow and evolve as communities collaborate with each other, artists and organisations to celebrate their local identity and build creative capacity across the City.

 

Throughout 2013-14, approximately 600 residents, artists, community organisations, cultural organisations as well as a range of local businesses have directly participated in Magnetic Places activities and events. These projects have built cohesion, creativity and wellbeing in local communities.

 

Nine projects totalling $48,000 are recommended for funding. These projects deliver opportunities to address a broad range of community issues and will creatively activate a range of local places to enrich our neighbourhoods.

 

The ongoing development of the award winning Magnetic Places Neighbourhood Renewal Community Cultural Grants Program will continue to position Penrith City as a leader in quality creative community engagement and collaborative place-making.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15 be received.

2.    The nine projects recommended by the assessment panel are funded as listed in Appendix 1.

3.    All projects not funded, as listed in Appendix 2, be provided with feedback including other avenues of funding.

 

 

ATTACHMENTS/APPENDICES

1.  

Magnetic Places Projects Recommended for Funding

5 Pages

Appendix

2.  

Magnetic Places Projects Not Recommended for Funding

1 Page

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Magnetic Places Projects Recommended for Funding

 


 


 


 


 


Ordinary Meeting                                                                                                      29 September 2014

Appendix 2 - Magnetic Places Projects Not Recommended for Funding

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

14      Two Greater Sydney Local Land Services (GSLLS) Projects                                        89

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

14

Two Greater Sydney Local Land Services (GSLLS) Projects   

 

Compiled by:               Janet Rannard, Bushland Management Officer

Authorised by:            John Gordon, Parks Manager  

 

Outcome

We care for our environment

Strategy

Protect and improve our natural areas, the Nepean River and other waterways

Service Activity

Manage and maintain Council owned natural areas

      

 

Executive Summary

The purpose of this report is to advise Council of funding made available by the Greater Sydney Local Land Services (GSLLS) to undertake two bush regeneration projects at several locations across the City. The report recommends that Council endorse the acceptance of the funding offered.  

Background

The Greater Sydney Local Land Services undertakes the combined functions of the former Hawkesbury Nepean Catchment Management Authority, the Cumberland Livestock Health and Pest Authority and the Department of Primary Industries agricultural advisory services. The Natural resource management unit of GSLLS has offered funding for bush regeneration and revegetation at a number of sites. 

 

Council has previously been successful in obtaining funds in 2012 for biodiversity protection along the Nepean River near Cassola Place, Penrith and for an area adjacent to Ropes Creek, North St Marys. The funding for the Nepean River project was $28,928 with Council providing an in kind contribution of $20,000 in the form of project management and on ground works.

 

The funding for the Ropes Creek project was for $18,181, with Council providing plants, project management and on ground works. 

 

Funding Proposal

 

Council has been offered funding for the following two projects:

 

1.       Biodiversity improvement works using Bush Regeneration principles at Ropes Creek, North St Marys (to continue and consolidate the 2012 works), Peppermint Reserve, Kingswood and Kanangra Reserve, Kingswood.

 

GSLLS have offered Council funding of $17,100 for these works, with Council to provide ‘in kind’ volunteer and on ground staff contributions to the value of $30,000 – the equivalent of $18,000 in existing staff time and the equivalent of  $12,000 in volunteer time. The grant is to be expended over an 18 month period.

 

The total value of this project will be $47,100 (Grant and Council ‘in kind’ support)

 

The funded scope of works will utilise bush regeneration contractors, Council staff and community volunteers.

 

 

2.       Funding for biodiversity improvement using local provenance revegetation principles at several sites within the LGA. Works will be undertaken at the following sites –

 

·        Peppermint Reserve, Kingswood

·        Gow Park, Mulgoa

·        Lincoln Park, Cambridge Gardens

·        Werrington Lake, Werrington

·        Nepean River – Russell Street, Emu Heights

·        Dorothy Radford Reserve, St Clair

 

In addition to works at the listed sites (no. 2 above), there are 400 Eucalyptus moluccana and 300 Casuarina glauca to be planted at various remnant bushland locations within the City. The offer of funding also includes coordinating 3 community events that promote the restoration of habitats and waterways in the area.

 

Funding of $40,000 has been offered by GSLLS, with Council providing ‘in kind’ contributions of $8,000 for project management by staff and $3,600 (current Bushland Management budget) for participation in community events such as Trees for Mum and National Tree Day. This grant is to be expended over a 24 month period.

 

The total value of this project will be $51,600 (Grant and Council ‘in kind’ support)

 

The funded scope of works will utilise bush regeneration contractors, Council staff and community volunteers.

 

Acting Financial Services Manager’s Comment

 

The Greater Sydney Local Land Services has offered Council two grants to undertake bush regeneration works.  Both these grants require Council to make in-kind contributions through the use of volunteers, Council staff, project management and coordination of community events.  Council currently has a Bushland Regeneration Unit which is responsible for this type of work and the coordination of volunteers to assist.  These resources can be allocated to these projects in accordance with the grant funding condition.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Two Greater Sydney Local Land Services (GSLLS) Projects be received.

2.    Council endorse the acceptance of funding provided by GSLLS and the contribution of ‘in kind’ resources to support the delivery of these projects.

 

3.    Council formally thank GSLLS for the offer of funding to undertake the regeneration projects.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 6 - We're healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

15      Community Assistance Program Planned Component 2014-15                                     93

 

16      Occupation Agreement - Ripples St Marys and Penrith Swimming Centre                 106

 

17      Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney                                                                                                                           108

 

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

15

Community Assistance Program Planned Component 2014-15   

 

Compiled by:               Sonia Dalitz, Social Planner

Authorised by:            Tracy Leahy, Acting Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Resource and implement social programs that contribute to community wellbeing

      

 

Executive Summary

This report is to inform Council of the applications received in the 2014/15 Planned Component of the Community Assistance Program (CAP).

 

Council has an annual Community Assistance Program through which small grants are allocated to non–profit organisations and community groups to meet local community needs. The maximum grant available under the program is $1,200. The available budget is $30,000.

 

The funding round was advertised and promoted in local papers, on Council’s web page and through a range of networks and interagencies.

 

A total of 69 applications were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. A total of 37 of the applications have been recommended for either full or part funding as outlined in Table 2 of this report.

 

The total recommended amount for funding is $30,409. It is proposed that the shortfall of $409 be taken from the rolling component of the Community Assistance Program.

 

The report recommends that Council receive the report and approve funding the applications and amounts totalling $30,409 for the Planned Component of the 2014/15 Community Assistance Program as outlined in Table 2 of this report.

Background

The Community Assistance Program provides local community organisations and groups the opportunity to apply for small grants to support their service delivery to residents of the City. In many cases the requests for funding enable local groups to extend and add value to core activities. A number of the groups that apply are made up of volunteers and receive no other government funding. Some groups would also not be able to access small grant funding from any other source.

 

There are two components of the Community Assistance Program. These are the Planned Component and the Rolling Component.

 

The Planned Component of the program is undertaken once a year. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of funds are allocated under the Planned Component.

 

Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program.

 

All Planned and Rolling Component applications are assessed against the CAP eligibility and assessment criteria.

 

Eligibility and Assessment Criteria

There are three eligibility criteria for applications under the Community Assistance Program. All projects must satisfy these criteria to be eligible for funding:

 

· Community based non-profit organisations providing one off activities

· Direct benefit to, and participation by, Penrith City residents

· Project and project management in line with Council’s Access and Equity   Principles.

 

Fundraising programs or organisations whose main role is to fundraise are not eligible. Any organisations or group that received funding in the 2013/14 financial year were required to submit to Council a short evaluation form that included project outcomes.

 

All CAP applications are assessed for priority against the assessment criteria adopted by Council as part of the CAP Policy. Recommendations for funding are made according to the assessment criteria listed below:

 

·        Whether the applicant for the community assistance receives significant Government funding, and whether the application is seen as a core responsibility of a Government funded program;

·        The size of the organisation or group, and its capacity to access alternative resources;

·        The possibility of access to other sources of funding for the request;    

·        The willingness of the applicant to work collaboratively with residents and other community groups;

·        The level of participation and direct benefit for residents of Penrith LGA;

·        Whether the proposal addresses the priority needs and issues of Penrith LGA residents, as identified through social planning processes; 

·        Whether the proposal is realistic;

·        The cost effectiveness of the proposal;

·        The beneficiaries of the project, ensuring that funds are distributed to diverse groups right across the Penrith LGA.

 

The panel for assessing CAP applications comprised:

 

Tracy Leahy: Acting Community and Cultural Development Manager

Teresa Luk-Leung: Social Planning Coordinator

Sonia Dalitz: Social Planner.

 

2014/2015 Planned Component Timeframe

 

The funding round for the 2014/15 Community Assistance Program Planned Component opened on 21 July and closed on 18 August.  The funding round was advertised in local papers, on Council’s web page and was also promoted through a range of local interagencies and networks. 

 

Community Assistance Program  applicants were required to complete an application form, identifying their project objectives, population target groups, budget and benefits to the local community. Community groups were given the option of utilising an online application facility to apply for Community Assistance Program funding

 

 

Applications Recommended for Funding

A total of 69 Community Assistance Program Planned Component applications were received, requesting a total of $77,130.

 

Table 1 below presents the funding history of the Planned Component compared to previous financial years.

 

Table 1 – Funding History

 

 

Applications Received

Funding Requests

Funding

Available

Applications Recommended

2013/14

69

$77,130.00

$30,000

37

2012/13

56

$55,236.00

$30,000

37

2011/12

101

$111,229.00

$30,000

44

2010/11

84

$90,267.00

$39,000

51

2009/10

68

$73,640.00

$39,000

43

 

Of the 69 applications received, 37 have been recommended for funding for either all of the requested amount, or an adjusted amount in light of the merit of the project. Where there is a recommendation for funding that is not the full amount requested, the part funding amount was based on the applicants rationale provided to question 4.5 on the application form; “If you only got part of the funding you have asked for, would you still be able to go ahead with your project? Which part of the project could change?”

 

The total amount of the 37 projects recommended is $30,409. Table 2 below is a summary of all projects recommended for funding.

 

Table 2 – Recommended for funding List

 

Name of Group

Project Title

Project Description

Area

$ Request-ed

$

Recom-mended

1

1st St Marys Scout Group

Equipment Upgrade

To purchase two ground tarpaulins and an icebox cooler for use on scout members camping trips.

St Marys

400

400

2

Ability Options Limited

Community inclusion with Ability Options Wholesale Nursery

To purchase BBQ items and a gazebo for use by the social enterprise staff during breaks, tours and community events.

St Marys

1119

698

3

Australian Breastfeeding Association  Hawkesbury/

Nepean group

Baby's Day Out event and Breast-feeding resources

To hold a few 'Baby's Day Out' family event at Tench reserve to provide information about and help normalise breastfeeding.

Jamison-town

960

960

4

Baptist Church Penrith

Craft Circle Craft group for women

Equipment to commence a women’s craft group.

Caddens

1,200

700

5

Cambridge Park Primary School Parents And Citizens Association

Community Christmas Carols

To hold a Christmas Carols event in partnership with local community organisations.

Cambridge Park

1,200

1,200

6

Cancer Council NSW (Penrith Community Office)

Enrich

To purchase gym sticks to enable the running of a health and wellbeing program for cancer survivors and their carers.

Penrith LGA

1,200

975

7

Enosis Greek Seniors Group

Greek Seniors Groups excursions and equipment

To fund an excursion for members and replace some kitchen equipment.

Penrith LGA

1,200

900

8

Friends of Combewood

Combewood Historical Encounters Open Days

To purchase a PA system and chairs that will enhance appreciation of cultural heritage at regular guided tours and community open days.

Penrith

677

677

9

Fusion Western Sydney

Infrastructure for Community and Outreach Work

To purchase microphone equipment for use at events and training activities.

St Marys

990

660

10

Global Care West
Christian Outreach Centre Empower Church

Playtime for Mums

To purchase equipment for a new community playgroup for mums.

South Penrith

1,200

400

11

Llandilo Maltese Seniors

Education and Socialisation of Llandilo Seniors

To purchase a data projector for better delivery of presentations.

Llandilo

1,100

1,100

12

Multiple Sclerosis Limited

Medical Examination Bed

To purchase a medical examination bed for the Penrith office to enable treatment and care of clients who are currently travelling to Lidcombe for assessment services.

Penrith

LGA

1,200

1,200

13

Nepean Community and Neighbour-hood Services

Carers of Aboriginal Children and Young People

Aboriginal cultural education program for carers.

Penrith LGA

800

800

14

Nepean Community and Neighbour-hood Services

Risky Business Trivia Event

To hold an education evening for parents at Cranebrook high school on topics related to issues for young people.

Crane-brook

800

800

15

Nepean Community and Neighbour-hood Services

Family Fun Days 0 - 8 years

To run two family fun days during school holidays specifically targeting families with children 0 – 8 years.

Crane-brook

1,200

1,200

16

Nepean Community and Neighbour-hood Services

Indigenous Young Mums Deadly Recipes

To educate young women on how to provide healthy balanced meals for their children on a budget.

Penrith LGA

1,200

1,200

17

Nepean Community and Neighbourhood Services (Golden Oldies Seniors Group)

20th Birthday Celebration

To hold a community event for Golden Oldies group members who have been meeting since 1994.

Penrith

LGA

1,200

700

18

Nepean Community Builders Network

White Ribbon Day

To hold a partnership event to raise awareness around Domestic Violence. 

St Marys

919

919

19

Nepean District Historical Archaeology Group

Mulgoa Old Post Office Project

To hire equipment that will enable more accurate measurements for a planned excavation project and to publish findings.

Mulgoa

988

988

20

Nepean District Historical Society Inc

Digital recording of documents and photographs

To purchase light box equipment that will enable better preservation of historical material.

Emu Plains

1,050

1,050

21

Nepean Family History Society Inc.

Signage for Nepean Family History

To purchase signage to make it easier for visitors to locate our premises and at events.

Emu Plains

1,200

700

22

Nepean Giggles Playgroup

Operation Revamp

To purchase new play resources to replace the current ageing items.

Emu Heights

1,200

722

23

Nepean Mens Shed Inc

Purchase of work clothing and promotional items

To purchase shirts, BBQ aprons and banners that will raise the profile of the men's shed in the community.

Penrith LGA

1,195

940

24

Nepean No Boundaries Art Group

Nepean No Boundaries Art Group

To purchase art supplies and enable an art exhibition.

Penrith LGA

1,200

600

25

Nepean Puffers and Wheezers

Nepean Lungs In Action Exercise Class

To enable the continuation of gentle exercise classes for people with lung or heart disease.

Kings-wood

1,200

340

26

Nepean Valley RSL Day Club

End of Year Christmas Treat

To fund bus hire and entertainment for members to enjoy some sociable pre- Christmas fun.

Glenmore Park

1,150

700

27

North St Marys Neighbour-hood Centre

North St Marys Community Celebration

To hold an end of year family celebration.

North St Marys

1,200

1,200

28

North St Marys Neighbour-hood Centre (Community Access Care Pair)

Recycling and Sustainability for Children

To purchase equipment to promote recycling and sustainability within our early childhood sessions.

Penrith LGA

760

760

29

NSW Corps Of Marines Inc.

Penrith Valley history

To purchase new uniforms and equipment for use at community events to expand our re-enacting capacity and offer an authentic history of Penrith.

Emu Plains

1,160

1,160

30

Nuba Mountains Association NSW Australia Inc

Barbra Dunlop Project

To hold a cultural evening for young people and their families from this South Sudanese ethnic group in memoriam of a volunteer who recently passed away.

St Marys

1,200

800

31

Paying it Forward Homeless Services Inc

Random Acts of Kindness Christmas Care Program

To purchase items for hampers that will be distributed to disadvantaged groups over the 2014 Christmas Period.

Penrith LGA

1,200

500

32

Penrith Older Women's Network Inc

Celebrating 20 years of Penrith OWN

To provide a lunch to acknowledge 20 years of members of the Older Women Network volunteering for the community.

Penrith

LGA

1,000

750

33

Penrith Women's Health Centre Inc

Equality for Women is Progress for All

To organise a local community event for International Women’s Day 2015. 

Penrith LGA

1,200

800

34

St Anthony's Family Care

Jumping Joeys Supported Playgroup

To support an open day to attract more families into supported playgroups.

Kings-wood

1,050

600

35

St Clair Youth and Neighbour-hood Team Inc

Christmas Under The Stars

To hold a free Christmas event featuring a family friendly outdoor film screening.

St Clair

1,200

1,000

36

The Northcott Society

Sensory in the suburbs

To hire sensory activities for children at community events.

Crane-brook

1,200

650

37

Wallacia Progress Association

Chair Equipment

To buy children sized chairs and tables for use at functions held at the hall by the Wallacia community.

Wallacia

1,200

660

Totals

$77,130

$30,409

 

Applications Not Recommended for Funding

Unfortunately due to budget constraints there are 32 applications seeking a total of $37,012 that are not recommended for funding through the 2014/15 Community Assistance Program Planned Component. A rationale against the assessment criteria is provided of why each of these projects is not recommended for funding. Details of these 32 applications are provided at Attachment 1.

Summary

Council has received 69 applications, requesting a total of $77,130.00 for Community Assistance Program funding in the 2014/15 Planned Component. The available budget for the CAP Planned Component is $30,000. After careful consideration against the identified criteria, 37 projects totalling $30,409 have been recommended for funding. It is proposed to take the additional $409 from the available rolling component budget of the Community Assistance Program.

 

Recommended projects cover a range of target groups and suburbs across the city, address many different social and related needs, and include a number of city-wide initiatives. A cheque presentation to all successful recipients is planned to be held in the first week of November 2014.

 

RECOMMENDATION

That:

1.    The information contained in the report on Community Assistance Program Planned Component 2014-15 be received.

2.    Council approve funding the applications and amounts totalling $30,000 from the Planned Component of the 2014/2015 Community Assistance Program and $409 from the Rolling Component as outlined in Table 2 of this report.

 

 

ATTACHMENTS/APPENDICES

1.  

Community Assistance Program Planned Component 2014-15 Unsuccessful applicants

5 Pages

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Community Assistance Program Planned Component 2014-15 Unsuccessful applicants

 

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Ordinary Meeting                                                                                        29 September 2014

 

 

 

16

Occupation Agreement - Ripples St Marys and Penrith Swimming Centre   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide and maintain sport and recreation facilities that meet community needs

      

 

Executive Summary

An Occupation Agreement has been developed in consultation with the Board of Penrith Aquatic and Leisure Ltd. (PAL) for the care, control and management of Ripples St Marys and Ripples Penrith (formerly Penrith Swimming Centre) by PAL.

 

This report recommends that; the information contained in the report be received; Council adopt the Occupation Agreement with Penrith Aquatic and Leisure Ltd. for the care, control and management of Ripples St Marys and Ripples Penrith; the Occupation Agreement be signed by the Mayor and General Manager of Penrith City Council, and the Chairperson and Company Secretary of Penrith Aquatic and Leisure Ltd; and the Common Seal of the Council of the City of Penrith be affixed to all necessary documentation.

 

Background

Council resolved, at its Meeting on 8 August 1994, to enter into a formal Occupation Agreement with The City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd that made the Company responsible “…for the care, control and management of Ripples Leisure Centre and for carrying on the business of an aquatic and recreation centre…”. The period of the agreement was identified as 5 years.

 

Since 1994 the agreement has been renewed and amended in parts, by Council Officers in consultation with the General Manager and Board at Ripples, to reflect contemporary standards.

 

At Council’s Ordinary Meeting on 25 June 2012 it was resolved that the existing Controlled Entity management model created for the care, control and management of Ripples Leisure Centre by The City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd be extended and include the operations of Penrith Swimming Centre. At the time of that report it was highlighted that full transition to the joint Controlled Entity management model could take up to three years with key elements to be completed including:

 

-        The revision of the Constitution of  The City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd to reflect the transition to Penrith Aquatic and Leisure Ltd.

-        The development of facility master plans and business models for the two facilities.

-        The revision of the existing Occupation Agreement.

 

 

 

 

Current Situation

Since Council endorsed the joint management of Ripples St Marys and Penrith Swimming Centre, a revised Constitution recognising Penrith Aquatic and Leisure Ltd. has been adopted; proposed master plans and associated business models for both facilities have been completed and presented to Council at its Briefing on 18 August 2014; and Council Officers have worked in partnership with the General Manager of Penrith Aquatic and Leisure Limited on a number of operational matters associated with the transition to the joint management of both facilities. Concurrently, Council Officers and the Executive of the Board of PAL have been working towards achieving a contemporary Occupation Agreement.

 

As a result of Council Officer consultation, with the Executive of the Board of PAL, a revised Occupation Agreement for the care, control and management of Ripples St Marys and Ripples Penrith has been agreed.

 

Conclusion

The proposed Occupation Agreement reflecting the joint management of Ripples St Marys and Ripples Penrith builds on the framework of the Occupation Agreement that has been in place since it was established in 1994, initially, solely for the management of Ripples St Marys. The proposed Occupation Agreement is seen as the appropriate manner in allowing Penrith Aquatic and Leisure Ltd. to manage the facilities in an effective and flexible manner and allow the operation of Ripples St Marys and Ripples Penrith to remain competitive in the leisure market place into the future.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Occupation Agreement - Ripples St Marys and Penrith Swimming Centre be received.

2.    Council adopt the Occupation Agreement with Penrith Aquatic and Leisure Ltd. for the care, control and management of Ripples St Marys and Ripples Penrith.

3.    The Occupation Agreement be signed by the Mayor and General Manager of Penrith City Council, and the Chairperson and Company Secretary of Penrith Aquatic and Leisure Ltd.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Occupation Agreement

47 Pages

Attachments Included

  


Ordinary Meeting                                                                                        29 September 2014

 

 

 

17

Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney   

 

Compiled by:               Barbara Magee, Manager - Corporate Communications & Marketing

Authorised by:            Glenn McCarthy, Acting Chief Governance Officer  

 

Outcome

We are healthy and share strong community spirit

Strategy

Support cultural development, activating places and creativity

Service Activity

Implement projects and activities to enhance the cultural vitality of the City

      

 

Executive Summary

The Western Sydney Business Chamber, Liverpool City Council and Parramatta City Council have invited Penrith City Council to participate in an economic study/report into the case for increased investment in cultural institutions and events in Western Sydney.  The report recommends the Council’s financial support and participation in the economic study.

Background

Historically, Sydney’s greater CBD area has served as the commercial, culinary and cultural hub for the city, offering residents and visitors to Sydney an array of galleries, museums, theatres and open space areas for hosting perpetual art exhibitions, music and cultural festivals and special events and entertainment extravaganzas.

As the city has expanded and the population boomed in Greater Western Sydney, access to these traditional institutions and events has proved difficult, resulting in the regions cultural dislocation. This changing landscape presents an opportunity to rethink how cultural events and services are hosted, promoted and delivered across Sydney.

The purpose of the study/report is to demonstrate the demand for and potential success of events being hosted in Western Sydney. This will highlight the comparative advantages of the region in hosting or being home to such events/exhibitions and discuss the opportunities this could have for the region. The report will present the economic benefits of culture to the three River Cities, in particular how cultural offerings will assist in attracting talented labour to these centres to work.

NSW Government funding providers and cultural institutions often question investment in western Sydney events due to perceived poor patronage rate. The report will also assess the merits of this assumption and seek to identify any differences in the key drivers of attendance to events in Western Sydney.

 

Conclusion

The Parramatta Business Chamber has engaged Deloitte Access Economics to prepare the Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney. Parramatta City Council and Liverpool City Council have approved their financial investment in the study/report. The cost of the study is $80,000. Penrith City Council has been asked to contribute $20,000.

 

 

Acting Financial Services Manager’s Comment

 

While there is currently no funding allocated to this project in the 2014-15 Operating Plan, it is recognised that this is an opportunity that has some merit as it may well deliver additional arts funding in the future. Identification of a suitable funding source will be investigated as part of the September review process, with the outcome to be included for consideration in Council’s September Organisational Performance report. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney be received.

2.    Council financially support and participate in the Economic Study.

3.    Council Officers investigate the availability of a suitable funding source to fund the $20,000 contribution towards the proposed Economic Study / Report as detailed within this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

18      RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency                          113

19      Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood                                                                                                   117

 

20      2014-15 Financial Assistance Grant                                                                              120

 

21      Audit Committee                                                                                                             123

 

22      Summary of Investments & Bank for the period 1 August - 31 August 2014               127

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        29 September 2014

 

 

 

18

RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency   

 

Compiled by:               Barbara Magee, Manager - Corporate Communications & Marketing

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

Since Council adopted the “Penrith is Here” place brand in 2012, there has been a continuing requirement for high level strategic advice on brand development and marketing.

 

Accordingly, a tender was advertised in the Western Weekender on 2 May 2014 and the Sydney Morning Herald on 6 May 2014 seeking a suitable agency to enter into a Supply Agreement with Council for marketing and branding consultancy services. 

 

Due to the high quality of responses it was decided that Council would be better served by the formation of a panel of marketing agencies for a period of three years with options to renew for a further one or two years. 

Background

Since the “Penrith is Here” place brand was adopted, a number of follow-up projects requiring high level marketing and branding advice have been undertaken by Council.

 

Some projects have related directly to Corporate Communications and Marketing including the City Marketing Plan, the Brand Communications Strategy and tools to support the successful introduction of the brand. 

 

Others relate to development projects including “Penrith Progression” and “Discover Limitless Opportunities” (an investment prospectus launched in partnership with the Penrith Business Alliance).

 

The advertised tender called for a single agency, with relevant international experience and knowledge in place branding and marketing, to provide cost effective advice, design and support for Council’s brand strategy. All work under the proposed Supply Agreement would be on a project basis with outcomes and pricing agreed prior to work commencing. 

 

The range of required services included consultation and advice on the ongoing development of the Penrith is Here brand, development of marketing and communications strategies, advice and planning on communication and marketing campaigns and the development of major marketing tools. 

 

The tender document did not specify any particular projects to be undertaken over the term but did indicate that any project would be offered exclusively to the successful organisation. 

 

The tender document foreshadowed that the accumulated value of various projects over the first three years is likely to be about $150,000 but did not guarantee any level of expenditure.  Companies submitting tenders have declared that they understand this and have submitted their tenders on this basis. 

Tender Evaluation Process

The Tender Evaluation Committee consisting of Manager, Corporate Communications and Marketing, Marketing Officer, Supply Co-ordinator and the former City Marking Supervisor met to shortlist and evaluate competitively priced tenders according to their professional skills, experience and knowledge in marketing and branding and their proposed ongoing development of the Penrith is Here brand. 

 

Responses were also sought regarding financial capability, contribution to the local community, employment practices and compliance with quality assurance processes.  Responses were weighted prior to the evaluation. The total scores of shortlisted tenders were considered in making the final recommendations. 

Tenders Received

The following companies submitted valid tenders. 

 

Name

Address

Owners / Directors

BrandManager

14 Lexington Drive  Bella Vista

Tony and Maria Eades

Coyne & Co. Design

1 Park Ave Drummoyne

Kate Coyne

Eardrum

56 Bowman St, Pyrmont

Ralph van Dijk

Generation Alliance

Suite 5, 17 Thurlow St  Redfern

David Faulks, Nick Morgan, Chris Muldoon

Marketing Mechanics

Suite 3, 20 Maddox Street  Alexandria

Diane Costa

Reputation

Suite 5, 37 Shelley Street  Sydney

Terri-Helen Gaynor

White River Design

Unit 6 51 York Road Penrith

Debbie O’Connor

Zadro

227 Commonwealth Street Surry Hills

Felicity Zadro


Pricing

 

Each company was asked to include a schedule of prices for a range of services that would be required over the first three years including stakeholder consultation, presentations, training workshops, graphic design, copy writing, project management, desk research and print broking. The schedule of prices provided by each agency was competitive with industry standards.

Evaluation of Tenders

The agencies were evaluated on their knowledge, experience and skill and their track record in producing outstanding work. 

 

The tender sought written responses to the following work to be carried out under the Supply Agreement. 

·  The experience and reputation of the agency

·  CV of agency principals and project team members

·  Information about similar projects undertaken including key success factors and outcomes

 

·  A list of clients and referees

 

·  Understanding of the current Penrith brand positioning

 

·  Knowledge, understanding and experience of international place branding and marketing

 

·  Knowledge, understanding and experience of the political and social dynamics of a local community

 

·  How writing and design teams would approach the visual and verbal language of the Penrith brand

 

·  The agency’s strategic approach to developing the Penrith brand

 

·  Costing and documenting the process of consultation, research, writing and design of two existing printed marketing tools

 

All responses demonstrated a good level of understanding and professional experience in the industry. Some agencies excelled in specialised services in design, while others had a wealth of experience in strategy and stakeholder consultation.

Conclusion

Due to the high quality of responses it was decided that Council would be best served by a panel comprising all companies submitting a valid tender. 

 

All agencies demonstrated sound pricing structures, extensive relevant experience and strengths in different areas.  For instance, local company White River Design, were particularly strong in graphic design, but not as competitive with stakeholder engagement and strategy.

 

All companies have been approached for their agreement to change the proposed tender to a panel arrangement, and this has been received. Quotes will be sought on a project basis. When a panel member is engaged for a project Council’s standard consultant engagement terms will be provided to the appointed agency.

 

It is therefore recommended that a panel of preferred agencies be established for the provision of branding and marketing consultancy services. 

Tender Advisory Group Comment

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten, the Senior Governance Officer, Glenn Schuil and Governance Officer, Adam Beggs met to consider the tender for a Supply Agreement for a Strategic Marketing Agency. The TAG discussed the tender process with the Manager- Corporate Communications and Marketing and the Council's Supply Coordinator. Following on from this meeting, confirmation was requested from all tenderers that they were agreeable for the tender to be a panel arrangement as opposed to a single consultancy service. All tenderers subsequently agreed to this changed tender arrangement. The TAG supports the process and recommendations contained within the Report.

Acting Financial Services Manager’s Comment

City Marketing receives an annual allocation of $120,000 to assist in the promotion and marketing of the City.  It has been estimated that the accumulated spend over the 3 year period for the areas covered by this tender would be in the order of $150,000 which could adequately be funded from this annual allocation.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency be received.

2.    A panel of preferred agencies be established for the provision of branding and marketing consultancy services for three years, with an option to renew for a further year and with a second option to renew for a further year after that.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

19

Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood    

 

Compiled by:               Colin Cordrey, Property Co-ordinator

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

Council’s approval is recommended for the granting of an Easement to Drain Water approximately 2 metres wide over Council’s Open Space land, being Lot 50, DP 30016, in favour of Lots 48 and 49, DP 30016, and Lots 1 and 2 DP 29528, at No.’s 24, 26, 28 and 30 Joseph St., Kingswood.

 

Council’s approval is recommended for the acceptance of the amount of $10,250 (+GST) as compensation for the creation of the easement.

 

Council’s approval is recommended for the Common Seal to be placed on all necessary documentation to effect registration of the easement.

Background

The owner of Lots 48 and 49, DP 30016 and Lots 1 and 2, DP 29528 at Joseph St., Kingswood has applied to Council for the creation of an easement to drain water over Council’s open space land (Amaroo Street Reserve), being Lot 50, DP 30016.

 

It is proposed to consolidate the lots and construct medium density housing on the land. The creation of the easement is a condition of Development  Consent.

 

The owner will be responsible for all costs associated with the creation of the easement and all works to construct drainage and restore the land to Council’s satisfaction. The owner has accepted Council’s assessment of compensation for creation of the easement in the amount of $10,250 (+GST).

 

The creation of the easement will not adversely affect the use of the land as Public Reserve and the drainage pipeline will connect with Council’s existing drainage system.

 

The proposed location of the easement is shown highlighted on the attached aerial photograph.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood  be received.

2.    Council grant an easement to drain water over Public Reserve on Lot 50, DP 300016 in favour of Lots 48 and 49, DP 300016 and Lots 1 and 2, DP29528 at No.’s 24, 26, 28 and 30 Joseph St., Kingswood.

3.    The applicant pay compensation to Council in the amount of $10,250 (+GST) for the grant of the easement over Lot 50, DP 30016 No.’s 36-38, Joseph Street, Kingswood.

4.    The applicant be responsible for all drainage costs, survey, legal and registration costs associated with the creation of the easement.

5.    The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement.

 

 

ATTACHMENTS/APPENDICES

1.  

Location Plan for Easement - Joseph Street Kingswood

1 Page

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Location Plan for Easement - Joseph Street Kingswood

 

Description: Council_Mark_LEP_RGB

 

Map

Description: 4726931

 

%  Map Scale: 1:1,674

 

About this Document

Disclaimer

This map has been created for the purpose of showing basic locality information over Penrith City Council. Property boundary line network data is maintained by Council. Any errors should be reported to the GIS Section, Penrith City Council.

This map is a representation of the information currently held by Penrith City Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Any feedback on omissions or errors would be appreciated.

 


Ordinary Meeting                                                                                        29 September 2014

 

 

 

20

2014-15 Financial Assistance Grant   

 

Compiled by:               Ben Collins, Management Accountant - Budget

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report provides Council with an update regarding the 2014-15 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received.

 

Advice has now been received confirming Council’s 2014-15 Financial Assistance Grant.  The Financial Assistance Grant consists of two components, a general component ($9.0m) and a roads component ($2.2m).

 

The grant is an allocation of a pool of funds with the allocation to each state determined by its projected share of the population for the General component and the allocation of the roads component a fixed 29% for NSW. The allocation within each state is then calculated utilising numerous social and economic factors to assess relative need in the local area compared to other areas of the state.

 

This year’s grant is $363,423 below the estimate for the general component, and $63,785 above the estimate for the roads component compared to what was included in the 2014-15 budget. This decrease in the general component represents a decrease of 3.8% on last year’s actual allocation and a decrease of 2.5% overall on the combined FAG for 2013-14.

 

It is proposed that these changes will be incorporated into the September Quarterly Review and that this will include adjusting the roads budget to match the actual FAG roads component received, as has been Council practice in the past.

Background

A significant part of Council’s annual revenue ($11.2m in 2014-15 and $11.5m in 2013-14) is derived from the Financial Assistance Grant. Local Government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

 

The grant to be received in 2014-15 consists of two components (1) a general component ($9.0m) and (2) a roads component ($2.2m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors. In addition, each year an adjustment is required for the previous year’s grants that takes into account variations in the actual CPI and population shares compared to the estimates used to determine that year’s grants.

 

As part of the 2014-15 Federal Budget the Government announced that it "...will achieve savings of $925.2 million over four years by pausing indexation of the Local Government Financial Assistance Grants Programme for three years commencing 1 July 2014." Accordingly, there will be no further adjustments to the overall national funding pool for CPI and population growth until the 2017-18 year.

 

The general purpose component of the grants is allocated to the States on a population basis. The NSW share of the general purpose component grant is expected to decrease during the period of paused indexation because population growth in NSW is expected to be below the national average. NSW will however continue to receive its 29% fixed share of the local roads component.

Current Situation

In the initial stages of preparing the 2014-15 original budget, a 3% increase on the 2013-14 actual grant received (excluding adjustments) was factored in. Upon the release of the Federal Budget in May, the 3% increase factored in was removed as outlined in a report to the Ordinary Meeting of 23 June 2014, this equated to reductions of $281,359 and $65,039 for the General Component and roads component respectively.

 

Advice has now been received confirming Council’s 2014-15 Financial Assistance Grant. The Financial Assistance Grant (FAG) allocated this year is a further $363,423 less than was estimated after the release of the federal budget for the General component and $63,785 more than was estimated after the release of the federal budget for the Roads component.

 

Financial Assistance Grants by Year

 

 

 2010-11

 2011-12

 2012-13

 2013-14

 2014-15

Total Financial Assistance Grant

      11,331,951

      11,226,606

      10,787,818

      11,531,640

      11,246,955

General Purpose Component

        9,336,155

        9,163,968

        8,741,654

        9,371,435

        9,015,198

Roads Component

        1,995,796

        2,062,638

        2,046,164

        2,160,205

        2,231,757

% Change over Previous Year

 

 2010-11

 2011-12

 2012-13

 2013-14

 2013-14

Total Financial Assistance Grant

4.40%

-0.93%

-3.91%

6.90%

-2.47%

General Purpose Component

3.67%

-1.84%

-4.61%

7.20%

-3.80%

Roads Component

7.94%

3.35%

-0.80%

5.57%

3.31%

 

 

The above table demonstrates the variability of Council’s allocation each year with the average change for the FAG being an 0.8% increase over the last five years.

During the development of the 2014-15 budget, and also the June 2014 review, provisions were made to mitigate the impact of budget assumptions by placing funds into reserve. This change is able to be accommodated by these provisions. It is proposed that the budget be adjusted to reflect this as part of the September Quarterly Review.

Conclusion

Advice has now been received confirming Council’s 2014-15 Financial Assistance Grant.  The grant received will be $11.2m, and is $299,638 below the estimate included in the 2014-15 budget. It is proposed that the budget be adjusted to reflect this as part of the September Quarterly Review utilising funds in reserve to mitigate the impact of budget assumptions.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2014-15 Financial Assistance Grant be received.

2.    The budget be adjusted to reflect the revised Financial Assistance Grant as part of the September Quarterly Review.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        29 September 2014

 

 

 

21

Audit Committee   

 

Compiled by:               Peter Browne, Internal Auditor

Authorised by:            Peter Browne, Internal Auditor  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

This report provides information on the meeting of the Council’s Audit Committee held on
3 September 2014 to review the Annual Financial Statements of Council. 

Background

The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council 5 times, the most recent being on 5 November 2012.  Council’s Charter of Internal Audit documents the agreement between the General Manager and the Audit Committee on how Internal Audit operates. One of the key functions of the Audit Committee is to monitor the Internal Audit function. 

 

The NSW Local Government Internal Audit Guidelines (issued September 2010) provide that:

 

An audit committee plays a pivotal role in the governance framework.  It provides councils with independent oversight and monitoring of the council’s audit processes, including the council’s internal controls activities.

Current Situation

The Audit Committee met on 3 September and adopted the draft minutes of the prior meeting (as provided to Council on 25 August 2014) without alteration.  The Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council and a copy of the draft minutes of the last meeting are attached to this report. 

 

This Audit Committee meeting focused exclusively on the 2013/14 Financial Statements. Following discussion of various items, the Audit Committee resolved to refer the Draft 2013-14 Financial Statements to Council for signing. 

 

Following the Audit Committee meeting, Council’s external auditor raised a concern with the valuation of Council’s Investment Properties and advised that an independent external valuation should be sought every three years.  For the 2013-14 Financial Statements, the valuations provided by Council’s Property Development Manager (a registered valuer) were used.  After discussions with Council’s management and external auditors, it was agreed that the presentation of the Financial Statements to Council be delayed until the updated valuations are received and the Statements finalised.  Independent external valuers were subsequently engaged, and are currently undergoing their valuation process.  The Financial Statements are scheduled to be presented to Council at the Ordinary Meeting of 27 October 2014.

 

 

 

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Audit Committee Minutes

2 Pages

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Audit Committee Minutes

 

UNCONFIRMED MINUTES

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

ON WEDNESDAY 3 SEPTEMBER 2014 AT 8:00AM

PRESENT

Councillor Jim Aitken OAM, His Worship the Mayor, Councillor Ross Fowler OAM, Frank Gelonesi (Chair), Darren Greentree and Jayant Gulwadi.

 

Alan Stoneham (General Manager), Peter Browne (Internal Auditor), Barry Husking (Assistant General Manager / CFO), Glenn McCarthy (Acting Chief Governance Officer), Andrew Moore (Financial Services Manager), Brett Richardson (Financial Accountant) and Gary Mottau (Hill Rogers Spencer Steer).

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Audit Committee Meeting - 4 June 2014

AUC14 RESOLVED on the motion of Darren Greentree seconded Frank Gelonesi that the minutes of the Audit Committee Meeting of 4 June 2014 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

1        Draft 2013-14 Financial Statements                                                                                

Andrew Moore introduced the Financial Statements with an overview of progress and recent events. 

·    Council’s share of Federal Grants changes each year making it difficult to determine the impact of any specific change.  A basic inflation adjustment to the previous year’s grant would result in around $600K more being received this year than will actually be received. The ceasing of indexing of these grants would be the main cause of the change. 

·    Hill Rogers Spencer Steer were appointed as Council’s new auditor earlier this year.  They replace PricewaterhouseCoopers.

·    Some of the asset schedules are still being finalised and will be ready before the statements are planned to be presented to Council. 

·    Commencing next year, Special Schedule 7 will be audited.

 

Brett Richardson gave a detailed report on the statements.  Significant items included:

·    Revenue is down 1%

·    Borrowings are up 2%

·    Rates outstanding has reduced by about 20%

·    Council had previously classified a small component ($1.2M in 2013) of its land as inventory.  Land being held for sale is now classified as “non-current assets held for sale” with details in Note 22 including the amount marked for sale within 12 months.

·    Operating land was reviewed and revalued in 2013-14 as a more detailed exercise after the 2012-13 abridged process

·    Fair value information has moved from various places in the notes (with each item being valued) to now be in a single Note 27.

 

There was extensive discussion on a transfer of $14.1M to the Department of Planning and Infrastructure and how it impacts on Council’s results and indicators.  The transaction relates to the construction of a road linking Erskine Park to the M4.  Responsibility for the road moved to the State Government together with funds Council was holding for part of the construction.  The amount distorts the current year’s operating result due to the size of the transaction and there were a variety of views on how this should be explained in the report.  There was also discussion of what could have been included in prior years statements if the situation had been better understood.  It was suggested that additional detail could be in a note on the primary income statement page.

 

There was discussion of asset conditions and the usefulness of the new format of Special Schedule 7.  The Audit Committee was of the view that the new format developed by the Office of Local Government was more informative but that percentages would be better based on gross replacement cost than on Written Down Value.  The level of precision in the engineer’s estimates and to what extent this schedule could be audited was briefly addressed.

 

The Audit Committee discussed whether the overall results should be described as “satisfactory”, “strong” or some other term.  It was noted that the budget result and underlying financial ratios were quite healthy, while the operating result before capital items was satisfactory.  The Audit Committee accepted management’s position that the overall position was strong.

 

Gary Mottau provided the Audit Committee with an overview of the auditor’s work and their conclusions.  Some members of the Audit Committee expressed the view that it was good practice for the Audit Committee to speak to the external auditor without management present.  Although there was time available to hold such a meeting today, it was determined to arrange such a meeting for next year.

 

RECOMMENDATION

AUC15 RESOLVED on the motion of Darren Greentree seconded Frank Gelonesi that:

1.     The information contained in the report on Draft 2013-14 Financial Statements be received.

2.     The Audit Committee refer the Draft 2013-14 Financial Statements to Council for signing.

 

 

NEXT MEETING

 

The next meeting is intended to be held on 12 November 2014.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:15 am.

 


Ordinary Meeting                                                                                        29 September 2014

 

 

 

22

Summary of Investments & Bank for the period 1 August - 31 August 2014   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 August 2014 to 31 August 2014 and a reconciliation of invested funds at 31 August 2014.

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 31 August 2014.

 

 

Description: Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Bank for the period 1 August - 31 August 2014 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 August 2014 to 31 August 2014 be noted and accepted.

3.    The graphical investment analysis as at 31 August 2014 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                      29 September 2014

Appendix 1 - Summary of Investments

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday September 29 2014

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Commercial Matter - Leasing of parts of "Community" land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens and No 3 Trent Street, South Penrith                                                                                                                      2

 

3        Commercial Matter - Proposed Advertising of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital                                                                                                                  2

 

4        Property Matter - 131 Queen Street, St Marys                                                                  2

 

 

 

 


Ordinary Meeting                                                                                        29 September 2014

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:

 

Outcome 7

 

2        Commercial Matter - Leasing of parts of "Community" land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens and No 3 Trent Street, South 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.

 

3        Commercial Matter - Proposed Advertising of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital

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.

Outcome 4

 

4        Property Matter - 131 Queen Street, St Marys

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.

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 29 September 2014

Report Title:            Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa

Attachments:           DA14/0799 - Locality Plan

                                DA14/0799 - Site and elevations

                                DA14/0799 - DCP 2010 Part C

                                DA14/0799 - DCP 2010 Part D

                                DA14/0799 - Scenic Assessment



Ordinary Meeting                                                                                                      29 September 2014

Attachment 1 - DA14/0799 - Locality Plan

 

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Ordinary Meeting                                                                                                      29 September 2014

Attachment 2 - DA14/0799 - Site and elevations

 


Ordinary Meeting                                                                                                      29 September 2014

Attachment 3 - DA14/0799 - DCP 2010 Part C

 


 


 


 


Ordinary Meeting                                                                                                      29 September 2014

Attachment 4 - DA14/0799 - DCP 2010 Part D

 


 


 


Ordinary Meeting                                                                                                      29 September 2014

Attachment 5 - DA14/0799 - Scenic Assessment

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 29 September 2014

Report Title:            Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh

Attachments:           DA14/0622 - Locality Plan

                                DA14/0622 - Site Plan

                                DA14/0622 - Floor Plan and Elevations

                                DA14/0622 - Floor Plan and Storage

                                DA14/0622 - Survey Drawing

                                DA14/0622 - Council report (25 August 2014)



Ordinary Meeting                                                                                                      29 September 2014

Attachment 1 - DA14/0622 - Locality Plan

 

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Ordinary Meeting                                                                                                      29 September 2014

Attachment 2 - DA14/0622 - Site Plan

 

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Ordinary Meeting                                                                                                      29 September 2014

Attachment 3 - DA14/0622 - Floor Plan and Elevations

 

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Ordinary Meeting                                                                                                      29 September 2014

Attachment 4 - DA14/0622 - Floor Plan and Storage

 

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Ordinary Meeting                                                                                                      29 September 2014

Attachment 5 - DA14/0622 - Survey Drawing

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