Agenda of Policy Review Committee Meeting

Council_Mark_POS_RGB 2015 MEETING CALENDAR

January 2015 - December 2015

(adopted by Council on 24/11/14)

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Ordinary Council Meeting

7.30pm

21^ü

(7.00pm)

23@

27v

25#

29*

24@

26∞

23#+

Policy Review Committee

7.00pm

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 Meetings are held as required.

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

Should you wish to address Council, please contact the Senior Governance Officer, Glenn Schuil.

UNCONFIRMED MINUTES

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

ON TUESDAY 2 DECEMBER 2014 AT 7:05PM

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies (arrived 7:06pm) and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Tricia Hitchen, Karen McKeown and Michelle Tormey.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 11 November 2014 to 15 December 2014 inclusive.

APOLOGIES

71 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Bernard Bratusa that apologies be accepted from Councillors Maurice Girotto, Ben Goldfinch, John Thain, Jackie Greenow OAM and Mark Davies for their non-attendance at the meeting.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 November 2014

72 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen that the minutes of the Policy Review Committee Meeting of 10 November 2014 be confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 7 - We have confidence in our Council

2 Penrith Performing and Visual Arts Ltd - Annual Report

The Mayor, Councillor Ross Fowler OAM, introduced the report and invited Hania Radvan, CEO of PPVA Ltd, to give a presentation. The Mayor also acknowledged the presence of Peter Anderson AM, Chairman of PPVA Ltd and John Reed, CFO of PPVA Ltd.

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

That:

1. The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report be received.

2. Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd for a further period of 30 months from 1 July 2014 until December 2016.

3. Council endorse the appointment of the Hon Peter Anderson AM, Mr Pat Sheehy AM, Ms Barbara Magee and the Mayor, Councillor Ross Fowler OAM as Directors of Penrith Performing and Visual Arts Ltd.

3 Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors

Wayne Mitchell, Executive Manager – Environment & City Development introduced the report and invited Alan Brown, Chairman of Penrith Regional Indoor Aquatic & Leisure Ltd and Greg Crawford – General Manager of “Ripples”, to give a presentation.

Councillor Kevin Crameri OAM left the meeting, the time being 7:55pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:59pm.

74 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors be received.

2. Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd for a further period of 30 months from 1 July 2014 until December 2016.

1 Penrith Whitewater Stadium - Annual Report and Board of Directors

Councillor Greg Davies left the meeting, the time being 8:10pm.

Councillor Greg Davies returned to the meeting, the time being 8.14pm.

David Burns, Executive Manager – City Assets, introduced the report and gave a presentation in the absence of the Stadium Manager, Jack Hodge who was unable to attend the meeting.

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

That:

1. The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received.

2. Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited for a further period of 30 months from 1 July 2014 until December 2016.

3. Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Whitewater Stadium Ltd.

URGENT BUSINESS

UB 1 Request for Leave of Absence

Councillor Karen McKeown requested Leave of Absence for 15 December 2014.

76 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies 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.

77 RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Prue Car that Councillor Karen McKeown be granted Leave of Absence for 15 December 2014.

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

Policy Review Committee Meeting 9 February 2015

Sydney Science Park Draft Amendment to Development Control Plan 2014

Compiled by: Schandel Jefferys, Senior Planner

Authorised by: Abdul Cheema, Acting City Planning Manager

Outcome	We plan for our future growth
Strategy	Ensure services, facilities and infrastructure meet the needs of a growing population
Service Activity	Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

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

Executive Summary

At the Ordinary Meeting of 3 February 2014 Council resolved to sponsor the Planning Proposal for the Sydney Science Park and forward it to the Department of Planning and Environment (DP&E) seeking the issue of a Gateway Determination to commence the Local Environmental Plan (LEP) making process. The Planning Proposal was submitted to the DP&E on 10 March 2014.

A Gateway Determination was received on 18 June 2014 and all conditions of the Gateway are acceptable with one exception relating to the staged roll out of residential development. The conditions of the Gateway restrict this staging to a degree which is unworkable for the Sydney Science Park. This matter was discussed in detail at the Economic Opportunities Working Party on 18 August 2014.

We are working through this matter with the DP&E with the aim of revising this Gateway condition. In the meantime detailed work has been carried out on including a separate section for Sydney Science Park in Development Control Plan (DCP) 2014 that will accompany the proposed amendments to the LEP. The Sydney Science Park section of DCP 2014 will support the amendment to the LEP with more comprehensive planning and design guidelines.

The draft DCP will be placed on public exhibition along with the Planning Proposal once the revised Gateway Determination is received.

It is recommended that Council endorse public exhibition of an amendment to Penrith DCP 2014 to include a section on Sydney Science Park in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations. A further report will be presented to Council following the public exhibition.

Background

The Broader Western Sydney Employment Area (BWSEA) is the NSW Government’s proposal to expand the existing 1,800 hectares of employment land within the Western Sydney Employment Area to provide an additional 8,900 hectares of employment land. The Sydney Science Park is the first catalyst development proposal located predominantly within the BWSEA.

In August 2013 the proponent of the Sydney Science Park, E. J. Cooper and Son Pty Ltd, formally met with Council officers to present their Planning Proposal which sought to rezone land at Luddenham Road, Luddenham for mixed use employment, science, technology and residential development.

Initially the proposal sought to rezone 413 hectares of land to create a higher order employment centre, integrating research and development, employment, education and a residential precinct. The residential component was to comprise approximately 6,400 dwellings. 3,000 of these dwellings were proposed in the form of a traditional residential subdivision pattern outside the boundary of the BWSEA.

Significant concerns regarding the residential component of the development outside of the BWSEA were raised by Council officers which resulted in a revised proposal. The revised proposal reduces the land to be included in the rezoning to 287 hectares and importantly the proposal now relates only to land within the BWSEA.

The total number of dwellings within the current proposal is capped at 3,400. The dwellings will be fully integrated comprising student housing associated with the university campus/es, urban housing in a variety of densities similar to the mix anticipated at Thornton and a modest component for executive housing.

Gateway Determination

A Gateway Determination was received on 18 June 2014 and all conditions of the Gateway are acceptable with the exception of one condition relating to the roll out of residential development.

The condition imposed by the Department relating to the rollout of housing within Sydney Science Park is much more restrictive than the staging put forward in the Planning Proposal. While the total number of dwellings is capped at 3,400, the proposed staging is to ensure that the employment offer remains the predominant feature of Sydney Science Park throughout all stages of development.

The Planning Proposal includes provisions to roll out housing which is dependent on the delivery of employment floorspace. The condition imposed by the Department reduces the number of dwellings permitted in the first stage of development to 250 dwellings which is too restrictive and therefore not agreeable.

We have been working with the DP&E, along with E.J Cooper and Son Pty Ltd, to provide further justification on the staging proposed.

The next steps involved in processing the Planning Proposal are outlined below:

· Receive a revised Gateway Determination from DP&E;

· Commence consultation with relevant Public Authorities;

· Update the Planning Proposal according to feedback from relevant Public Authorities;

· Commence community consultation.

Development Control Plan

A new section on Sydney Science Park will be inserted into DCP 2014 as section E16 within the ‘Key Precincts’ part of the DCP. Section E16 will apply to the entire Sydney Science Park area which comprises 287 hectares of land along the western side of Luddenham Road, Luddenham.

A separate, site specific section is needed for the Sydney Science Park because this release area represents a new vision to cluster leading science based businesses, tertiary institutions, and research and development providers in one location to advance innovation around the principles of food security, energy and health. The Sydney Science Park will comprise research and development, employment, education, retail and residential uses altogether in the one vibrant hub.

Section E16 will contain site specific development controls that focus on achieving high quality design, high quality public domain and support the integrated nature of the Sydney Science Park. Section E16 has also been closely aligned with the site specific section for the proposed business park land within the Penrith Health and Education Precinct in DCP 2014.

Sydney Science Park will be supported by two main parallel east-west roads or spines, each supporting a specific function. These roads are known as the Commercial Road and City Road. The wider southern spine (Commercial Road) will support larger employment generating research and development as well as educational activities. The northern spine (City Road) will connect the future railway station and accommodate a town centre and a mixture of uses including residential. There are also five main themes or character zones identified as shown below.

One of the initial key elements of Section E16 is the concept plan requirements. Prior to granting consent for any future development of the site, a concept plan is to be submitted and approved by Council. The Concept Plan sets in place the principles for future development of this land and includes, inter alia, the following key elements:

· development phasing

· road layout

· key indicative land uses

· urban design strategy

· landscape strategy

· open space strategy

· gateway site identification

· street setback planning

· pedestrian, vehicular and cycle road access and circulation networks.

It is worth noting that the landowners are also currently working on preparing their own detailed design guidelines for the Sydney Science Park. These will not form part of any development control plan but, in future, will be used by the developer when negotiating contracts of sale. All of this work demonstrates the landowner’s commitment to achieving a truly unique business park development at the Sydney Science Park.

A mix of housing types that range from residential flat buildings to standard lot residential dwellings are to be provided within Sydney Science Park. It will focus on delivering higher residential densities within the vicinity of the town centre and in areas with high visual or landscape amenity along with close good access to amenities. The draft controls reflect this unique character of high density and integrated housing typology.

Section E16 of the DCP has been prepared in accordance with Part 3, Division 6 of the Environmental Planning and Assessment Act 1979 and with Part 3 of the Environmental Planning and Assessment Regulation 2000. A draft of Section E16 has been included as Attachment 1 to this report and will be tabled at the meeting. Council officers will make any changes to this draft prior to exhibition, to ensure consistency with Council’s policy direction and the Gateway Determination.

Proposed consultation strategy

It is proposed to exhibit the draft Section E16 as soon as possible after receipt of the revised Gateway determination. A memo confirming the timeframes for exhibition will be forwarded to all Councillors with further details when these are available. The consultation strategy will include advertisement in the Local Newspaper. There will be displays in Penrith and St Marys Council offices. Council officers will send individual letters to all landowners within the Sydney Science Park area and adjoining landowners. All public exhibition information will also be available on Council’s web site and an exclusive email address for electronic enquiries and submissions has been set up.

Next Steps

Following endorsement by Council to proceed with the public exhibition of the Sydney Science Park Section (E16) of the DCP, the following steps will occur:

1. Council officers will continue to update Section E16 based on the work with the DP&E and any changes to the Gateway Determination in line with the policy direction endorsed by Council.

2. The draft Section E16 will be exhibited for four (4) weeks in accordance with the Environmental Planning and Assessment Act 1979.

3. Submissions to the exhibition will be reviewed, and recommendations prepared for Council’s consideration. Section E16 may be varied or amended to address issues raised in submissions where it is consistent with Council’s agreed policy direction.

4. The final Section E16 of the DCP will be presented to Council for consideration and endorsement.

RECOMMENDATION

That:

1. The information contained in the report on Sydney Science Park Draft Amendment to Development Control Plan 2014 2014 be received.

2. Further changes be made to the Sydney Science Park section of draft Penrith Development Control Plan 2014 prior to public exhibition, to ensure consistency with Council’s policy direction and the LEP Amendment for Sydney Science Park.

3. Council endorse the public exhibition of an amendment to Penrith Development Control Plan 2014 to include a site specific section on Sydney Science Park. This amendment be exhibited in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

4. A further report be presented to Council following the Public Exhibition.

ATTACHMENTS/APPENDICES

Sydney Science Park Draft Development Control Plan

40 Pages

Attachments Included

Policy Review Committee Meeting 9 February 2015

Jane Street and Mulgoa Road Infrastructure Upgrade

Compiled by: Walter Sinnadurai, Transportation Planner

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	Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

Executive Summary

The purpose of this report is to present Council with information relating to the Roads and Maritime Services (RMS) investigations regarding Jane Street and Mulgoa Road Infrastructure Upgrade (JSMRIU). RMS has carried out a number of investigations and technical studies to identify the best option to support current traffic demands and future growth in the area.

The report recommends that RMS’s preferred option (as described in November 2014 Community Update) be supported, subject to additional considerations noted within this report.

Background

At the Councillor Briefing of 28 January 2015, an update of the Jane Street Extension Project was provided to Council.

A major traffic congestion point exists at the western end of the Penrith CBD with implications for motorists travelling east-west and north-south through the western edge of the Penrith City Centre. Congestion results from a conflict with east-west movements from Jane Street to Victoria Bridge clashing with a strong north-south movement along Mulgoa Road and Castlereagh Road. The conflict is exacerbated by the ‘dog-leg’ in the east-west movement.

Council has been advocating for the upgrade works for some time, and in 2013 the Federal and State Governments committed $35 million each ($70 million in total) for the Jane Street Extension Project to alleviate congestion and improve traffic flow at this location.

Current Situation

Existing Traffic Congestion

The JSMRIU report highlights that RMS have examined the origin and destination of traffic in the area during May 2013. It identified the following:

· About 15,000 vehicles travel in the north-south direction along Castlereagh Road/ Mulgoa Road

· About 1500 vehicles travel in the east-west direction using Jane Street, High Street and Great Western Highway

· About three in four of the 2500 southbound vehicles turning right from Castlereagh Road onto Great Western Highway at this intersection are travelling from Castlereagh Road north of Jane Street.

It was also noted that an average critical delay per vehicle of 57 to 70 seconds indicates that the existing network is at capacity. The existing Mulgoa Road/ High Street/ Great Western Highway intersection in particular would experience delays significantly greater than this (122 seconds) in 2019.

Following the funding announcement (in 2013) for the Jane Street extension project, RMS has investigated options to alleviate congestion and improve traffic flow at this location. The findings of these investigations have been published in a report titled “Jane Street and Mulgoa Road Infrastructure Upgrade – Preferred Option Report” (November 2014).

Technical and Environmental Investigations

RMS carried out the preliminary technical and environmental investigations in late 2013 and the first half of 2014 to inform the options for the development process. The investigations considered aboriginal heritage, biodiversity, land use and property, utilities and the Riverlink Precinct. These investigations identified that the project area is constrained in a number of ways by the surrounding existing, planned, built and natural environment. These constraints are identified in Figure 1.

Figure 1: Technical and environmental constraints identified within the project area

Identification of options

RMS has identified and investigated 13 options, including the option announced in 2013 (Option 3) and Option 1 (a “straight through” extension of Jane Street). These options endeavour to reduce congestion within the project area in different ways. All options feature one or more of the following design elements:

· An extension of Jane Street to the Great Western Highway

· Additional eastbound/ westbound lanes along Jane Street

· Additional eastbound/ westbound lanes along High Street

· Additional eastbound/ westbound lanes along the Great Western Highway

· Additional northbound/ southbound lanes along Castlereagh Road/ Mulgoa Road

· Grade separation of the traffic travelling northbound/southbound along Castlereagh Road/Mulgoa Road and eastbound/westbound traffic along Jane Street, High Street and the Great Western Highway.

Initially, RMS carried out an evaluation process for all identified options, taking 2016 as the year of opening, using RMS project objectives and key traffic criteria. RMS then carried out further analysis of Options 4, 9, 12 and 13 against all other project objectives and did a comparative, multi-criteria analysis to identify the preferred option using a micro-simulation traffic model for the years 2029 and 2039.

Option 4

Option 4 was created following traffic modelling analysis undertaken on Option 3. Modifications to Option 3 include:

· Widening of Castlereagh Road north of Jane Street

· Widening of Castlereagh Road south of Jane Street

· Widening of Great Western Highway/High Street between Ladbury Avenue and the Penrith City Council car park entrance

The railway bridge over Castlereagh Road would also be widened to accommodate widening of Castlereagh Road/ Mulgoa Road from Museum Road to about 130 metres past Union Road to allow for the provision of three through lanes in each direction and auxiliary lanes at intersections.

Great Western Highway/ High Street would be widened between Victoria Bridge and the Penrith City Council roundabout to allow for the provision of two through lanes in each direction and auxiliary lanes at intersections. A dual right turn would be provided on Great Western Highway for traffic to travel southbound on Mulgoa Road.

Option 9

This option focuses on improving capacity for north–south movements along Mulgoa Road/ Castlereagh Road, including:

· An additional southbound lane added to Mulgoa Road starting at the Jane Street intersection and ending at Union Road

· Additional east bound turning lanes added to Great Western Highway at the intersection with Mulgoa Road

In this option the railway bridge over Castlereagh Road would not be widened.

Option 12

This option is an expansion of Options 9. As well as the proposed work identified as part of Option 9, this option would include:

· Widening the existing rail underpass to allow three lanes in each direction on Castlereagh Road

· Auxiliary lanes at intersections

Further detail of this option follows later in this report.

Option 13

This option includes:

· Vehicles turning left from Jane Street onto Castlereagh Road if heading west on Great Western Highway

· Two lanes would be dedicated in Castlereagh Road to traffic movements continuing west on the Great Western Highway

· Grade separation (overpass) for northbound traffic only on Castlereagh Road/ Mulgoa Road

· The overpass merging with Castlereagh Road south of the railway underpass

· The overpass separating northbound traffic from the High Street/ Great Western Highway and Jane Street intersections

· Southbound traffic on Castlereagh Road/ Mulgoa Road would remain at grade

The analysis undertaken by the RMS indicates that the east-west extension of Jane Street proposed in Option 4 does not appear to provide the highest traffic benefit across the entire study area network.

Each of the four options (4, 9, 12 and 13) were evaluated in considering how each option differs between regional and local traffic by providing a logical road hierarchy consistent with the setting. Table 2 summarises the key findings in relation to the impact of each option on the existing road network.

Table 2: Evaluation of road network benefits of Options 4, 9, 12 and 13

Option	North-South Traffic	East-West Traffic
4	Some network improvement for north-south traffic by providing an additional through lane in each direction between Museum Drive and High Street	Substantial network improvement for east-west traffic by providing a separate east-west extension
9	Some network improvement for north-south traffic by providing an additional through lane in each direction between both Jane Street and Union Road	Some network improvement for east-west traffic by providing increased capacity at both Jane Street and High Street intersections
12	Substantial network improvement for north-south traffic by providing an additional through lane in each direction between Museum Drive and Union Road	Some network improvement for east-west traffic by providing increased capacity at both Jane Street and High Street intersections
13	Substantial network improvement for northbound traffic by providing a dedicated overpass; minor improvement for southbound traffic by providing an additional through lane between Jane Street and Union Road	Minor network improvements for east-west traffic by providing additional turning lanes at Jane Street and High Street intersections

RMS has assessed the four options against the project objectives, being:

· Improving access to public transport, including buses, at the Penrith Station rail and bus interchange

· Strengthening integration with land use. Primarily, this relates to provision of access to the Penrith CBD for all users

· Supporting economic growth of Penrith as a regional centre through supporting improved freight movements and road user connections

· Improving liveability in the consideration of active transport, and other aspects of liveability relating to socio economic impact.

Analysis of Options 4, 9, 12 and 13 in relation to improvement of access to public transport and the CBD has found that all options provide similar levels of access. The travel times and efficiencies involved in accessing the CBD differs between the options. In terms of performance, Option 12 outperforms the other options in relation to improving freight movements, as it would:

· Incorporate additional traffic lanes on Castlereagh Road and Mulgoa Road for the longest distance (from Union Road in the south to Museum Road in the North)

· Provide the greatest improvement to the north–south flow of traffic along this route

· Include the potential to increase the height of the low clearance rail underpass

Value for money

The supporting objective for value for money is to provide the best outcomes within the budget allocation and to deliver a positive Benefit Cost Ratio (BCR). The allocated budget for the project is $70 million. Table 3 presents the cost estimates for each option, as well as the BCR. The report also indicates that the cost estimates provided are at a strategic level only and would be refined during further design.

Table 3: Option cost estimates and calculated BCRs

Option	Total cost estimate based on strategic design (2014)	BCR (assuming 7 per cent discount rate for 2019)
4	$166 Million	2.8
9	$57 Million	5.8
12	$76 Million	6.4
13	$52 Million	8.4

Multi-criteria analysis

The JSMRIU report presented a multi-criteria analysis for each of the identified options, and scored performance against each of the project objectives 1–10 (poor–excellent), with five equating to neutral (no improvement or impact). Based on available information, the JSMRIU report identified Option 12 as the best performing option overall (average score of 6.9). Options 9 and 13 also perform well (average scores of 6.4 and 5.5 respectively). Option 4 scored substantially less overall than the other three options (average score of 4.6).

RMS Recommended Option 12

The Jane Street and Mulgoa Road Infrastructure Upgrade (Community Update November 2014) (Attachment 1) shows the RMS recommended Option 12, including:

· An additional lane both north and south bound on Mulgoa Road-Castlereagh Road between Museum Drive and Union Road increasing capacity for through traffic, while providing capacity for vehicles turning left onto Castlereagh Road from Jane Street and right onto the Great Western Highway;

· A longer left turn lane along Mulgoa Road for vehicles turning onto the Great Western Highway;

· Upgrading the Mulgoa Road and High Street intersection to provide increased capacity;

· Upgrading the T-intersection of Jane Street and Castlereagh Road to provide increased capacity; and

· Widening the existing rail underpass to allow three lanes in each direction on Castlereagh Road and a left turn lane into Jane Street

Assessment of options

In considering the regional road connectivity and relief to the through traffic in both the north and south bound directions between Museum Drive and Union Road, Option 12 is supported subject to additional matters as described below. The additional considerations described below will form the basis of Council’s submission to the RMS.

Future Jane Street Extension

The opportunity for a future extension of Jane Street is an essential consideration. Council requests that throughout all the design phases of the project, that the ability to accommodate a future fourth leg (“straight through extension”) be demonstrated to ensure minimal retrofitting is required. An “extension” is a possible alternative for the provision of flood free access and as such the design must not preclude the opportunity for a future fourth leg at the Castlereagh Road/Jane Street “T” intersection.

Drainage Upgrade

During recent and past heavy storm events, the rail underpass has become flooded and impassable for an extended period due to inadequate drainage; causing major traffic disruption. The upgrade of Castlereagh Road and the widening of the rail underpass, shall incorporate appropriate drainage (with contingency) to minimise the likelihood of the road being closed during large storm events.

Left Turn Slip Lane

Vehicles travelling south along Castlereagh Road, and turning left into High Street, must be accommodated with a dedicated “left turn slip” lane; in addition to the proposed three south bound lanes. The length of the slip lane shall be determined through detailed intersection analysis.

Carpenter Site

The “Carpenter Site” is a large development precinct to the south-west of the Great Western Highway and Mulgoa Road intersection. The future development of this precinct is reliant upon direct and substantial access from Mulgoa Road and/or The Great Western Highway. Council requests the opportunity to work with the RMS through the detailed design phase to ensure such access arrangements can be incorporated into the design and future implementation is not compromised.

Widening of the Rail Underpass

It is evident that the existing rail underpass is a significant bottle-neck to north/south traffic flows. Council understands therefore that the widening of the rail underpass is critical to the success of any infrastructure upgrades proposed. Accordingly Council requests that the upgrades to the rail underpass form a part of the project and not deferred to a possible future stage of works.

Woodriff Gardens Layby

Woodriff Gardens is a popular tourist attraction and used regularly for wedding photos etc. The existing layby provisions, parallel to The Great Western Highway, must be retained in some form to provide appropriate access to the gardens.

Shared Pathways

With welcomed funding from the RMS, Council has successfully completed substantial shared pathway links east along The Great Western Highway to the Nepean River and south along Mulgoa Road to Glenmore Park. Is it critical that the design of the Jane and Mulgoa Road Infrastructure Upgrade incorporate off-road shared pathways.

Conclusion

The modified Option 12 would reduce traffic congestion and delays at the Jane Street/ Castlereagh Road and Mulgoa Road/ High Street intersections during morning and afternoon peak times. In addition, it would deliver infrastructure that provides effective network performance in line with regional growth.

This upgrade would complement upgrades of other sections of Mulgoa Road between Union Road and M4 Motorway in the future.

It is recommended that Council Officers finalise a submission in support of the RMS’s preferred option, requesting consideration of the additional matters raised within this report.

RECOMMENDATION

That:

1. The information contained in the report on Jane Street and Mulgoa Road Infrastructure Upgrade be received

2. The RMS’s preferred Option 12 as described in the Jane Street and Mulgoa Road Infrastructure Upgrade Community Update November 2014 be supported subject to consideration of additional matters.

3. The Engineering Services Manager be authorised to finalise a submission, highlighting those additional matters identified within this report, and forward to the Roads and Maritime Services (RMS).

ATTACHMENTS/APPENDICES

Community Update November 2014

6 Pages

Attachments Included

Policy Review Committee Meeting 9 February 2015

Our River Plan of Management and Riparian Vegetation Management Plan

Compiled by: Victoria Patterson, Landscape Architect

Authorised by: Michael Jackson, Design and Projects Manager

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 Draft “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve and the Draft “Our River” Riparian Vegetation Management Plan were endorsed for Public Exhibition at the Policy Review Council meeting on 11 August 2014. A formal exhibition period followed for 4 weeks between 29 August and 26 September 2014.

The exhibition process highlighted general support for both documents and as a result only minor changes have been made for the Final documents.

The purpose of this report is to seek Council’s adoption of the Final “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve and the Final “Our River” Riparian Vegetation Management Plan.

Background

The development of the Draft “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve and the Draft “Our River” Riparian Vegetation Management Plan has involved a comprehensive program of community engagement and several sign offs by the project team, Council, Government Agency stakeholders and the community. Community engagement was a continuation of the consultation for previous individual Plans of Management for Tench, Weir and River Road Reserves and the “Our River” Master Plan.

Public Exhibition Feedback and Recommendations

With support from the PCC communications team both draft documents were advertised through multiple channels and the project material was made available in a number of ways. These included:

· A display in the Penrith library

· Online viewing of the documents

· Advertising of the Public Exhibition period on Council’s Corporate News page

· Personal emails and letters to people or organisations who had previously been involved in workshops or provided feedback

· “Our River” Fact Sheet on Council’s website and emailed or mailed to people or organisations who had previously been involved in workshops or provided feedback

Council received two submissions in total: one from the NSW Department of Primary Industries (DPI) and one from a local resident on River Road, Emu Plains.

The DPI commended both plans. They stated that the plans seek to maintain the ecological functions of the riparian zone while providing social amenity and value. Maintenance of riparian zone ecological function is important to improve the overall health of the Nepean River, which provides important key fish habitat in the Penrith LGA.

The local resident submission was generally supportive of the plans. Many of the comments related to previous information or issues raised and were not directly related to the content of the Draft plans or resulted in a need to change them.

There were no changes made to the Draft “Our River” Vegetation Management Plan.

Minor changes to the Draft “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve included deletion of a photograph (on page 12, which was out of context) and minor amendments to the Management Actions tables and Figure 5 following a further internal staff review.

Conclusion

The extensive community engagement program which included a public exhibition period has generated a Final “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve and Final “Our River” Riparian Vegetation Management Plan that is underpinned by community, stakeholder and Government Agency responses and internal Council officer technical input.

Adoption of the Final “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve and Final “Our River” Riparian Vegetation Management Plan will enable associated planning, funding applications and detailed design and construction documentation for implementation to commence.

RECOMMENDATION

That:

1. The information contained in the report on “Our River Plan of Management and Riparian Vegetation Management Plan be received.

2. The Final “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve be adopted

3. The Final “Our River” Riparian Vegetation Management Plan be adopted.

ATTACHMENTS/APPENDICES

1.	Nepean Riparian Reserve PoM	80 Pages	Attachments Included
2.	Nepean Riparian VMP	63 Pages	Attachments Included

Policy Review Committee Meeting 9 February 2015

Draft Compliance and Enforcement Policy

Compiled by: Anthony Price, Environmental Health Coordinator

Authorised by: Paul Lemm, Development Services Manager

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Protect public lands and community facilities, and enforce compliance

Executive Summary

Council’s regulatory and enforcement actions should be exercised to ensure the health and safety of the community, and for environmental protection. Council also has a responsibility to ensure its regulatory activities are carried out in a consistent manner and without bias. A draft Compliance and Enforcement Policy has been prepared to facilitate these outcomes.

The spirit of the draft Policy is to use a measured approach to enforcement action, however it recognises in some situations the gravity of an incident or circumstance may require more immediate regulatory action.

It is proposed the attached draft Policy be placed on public exhibition for 30 days to allow the community an opportunity to provide comments before the Policy is finalised and presented to Council for adoption.

Draft Compliance and Enforcement Policy

Penrith City Council is an enforcement authority and its officers are required to make decisions and use discretion about appropriate enforcement actions when non-compliant issues are identified. Sometimes regulatory and enforcement actions can be complex and difficult to investigate, negotiate and resolve. Decisions which are taken should be exercised to ensure the health and safety of the community, and for environmental protection.

Council has a responsibility under Section 8 of the Local Government Act 1993 to ensure its regulatory activities are carried out in a consistent manner and without bias. To facilitate these requirements the attached draft Policy has been developed with consideration of the “Model Policy” prepared for Local Councils by the NSW Ombudsman.

The draft Policy encourages positive assistance of the community in reporting issues of concern and supports working collaboratively with the community to promote the benefits of compliance as a way of sustaining a safer quality of life for all.

The draft Policy also endorses a measured and graduated approach to enforcement action, for example, the issue of a warning letter, which if not successful in resolving the issue may be followed by statutory Notices and Orders and finally some form of enforcement proceedings either via a Penalty Infringement Notice (PIN) or Court action if compliance cannot be achieved by any other method.

However, the draft Policy also recognises in some situations the gravity of the incident or other circumstances determines that an escalated approach is not appropriate and immediate regulatory action is required e.g. where and activity is, or is likely to result in, a significant public health or safety risk, or is or likely to cause significant environmental harm.

The Policy addresses a number of important enforcement issues including:

·... Council’s compliance and enforcement responsibilities

·... Procedural fairness

·... Code of conduct of officers

·... Managing conflicts of interest

·... Disclosure of information requirements

·... Managing customer requests

·... Managing unreasonable complainant conduct

·... Roles of other enforcement authorities

·... The decision making process

·... Recovery of costs, and

·... Community awareness

An internal supporting document known as the ‘Compliance and Enforcement Guidelines’ is also being developed. This document will provide further details on the procedures officers will consider when determining the most appropriate enforcement actions. This document will provide the business norms to be followed in order to facilitate a consistent approach for departments with regulatory responsibilities and will ensure officers deliver the objectives of the draft Policy. This document can then be reviewed and updated as needed to ensure it remains contemporary.

To ensure the draft Policy remains contemporary it is intended to review the document every 3 years or after legislative changes.

Support from Senior Legal Officer

The Senior Legal Officer supports the draft Policy. It will provide compliance officers with support and consistency in managing compliance matters. Importantly, the policy is designed to ensure that there is escalated approach to enforcement action, with the flexibility of taking immediate enforcement action, include legal proceedings, where the gravity of the alleged offence calls for such action.

The policy will also demonstrate the Council’s approach to compliance and enforcement action. Courts will expect compliance and enforcement action to be conducted in accordance with the policy, and the Courts will expect for litigation to be conducted as a last resort, or where the gravity of the alleged offence warrants that action.

Conclusion

There are a number of departments across Council providing a compliance and enforcement role in the community. Council has a responsibility as an enforcement authority to ensure compliance and enforcement decisions and actions are reasonable and applied consistently.

The draft Compliance and Enforcement Policy has been prepared to facilitate and ensure a consistent approach to enforcement activities in the City. The policy will set the standard internally for a consistent corporate approach to compliance activities. The draft Policy will also provide the community with information on Council’s position in relation to its compliance and enforcement obligations.

RECOMMENDATION

That:

1. The information contained in the report on Draft Compliance and Enforcement Policy be received.

2. The Draft Compliance and Enforcement Policy be placed on public exhibition for 30 days to seek comment from the community.

ATTACHMENTS/APPENDICES

Compliance and Enforcement Policy

18 Pages

Attachments Included

Policy Review Committee Meeting 9 February 2015

St Marys Town Centre Corporation

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

Presenters: Alex Karavas, Deputy Chair & Paulette Adams Town Centre Manager, St Marys Town Centre Corporation – St Marys Town Centre Corporation Business Plan 2014-15

Executive Summary

The new St Marys Town Centre management entity, St Marys Town Centre Corporation (SMTCC) was officially launched in 2013 and presented their Triennial Business Plan later that year for endorsement by Council.

The SMTCC has prepared its Annual Operation Report on completion of the first year of their Triennial Business Plan for Council’s consideration. The report outlines the activities, events and marketing strategies undertaken by the SMTCC in its first full year of operation.

Further to the Annual Operation Report, the SMTCC has prepared and submitted their Annual Business Plan 2014-15 for endorsement by Council. The Plan outlines the proposed activities for the Corporation over the coming year in the areas of events, activation and business improvement programs.

The development and presentation of the Annual Operation Report and proposed business plan for 2014-15 is consistent with the Deed of Agreement between Council and the SMTCC.

The Deputy Chairperson of the Board of the SMTCC, Alex Karavas and the Town Centre Manager, Paulette Adams will give a presentation on the achievements of the last 12 months as well as a brief outline of their business plan for the 2014-15 financial year.

The report requests that Council receive this report and the Annual Operation Report of the organisation and that Council endorse the Annual Business Plan 2014-15.

Background

In 2011 Council undertook a review of the management of the Penrith and St Marys centres to determine whether the existing associations’ model was achieving the desired outcomes of economic growth and maintaining the vitality of the centres. Following this review, Council endorsed the creation of a corporation structure led by a board representing a broad range of business and community interests. The new governance model proposed a working agreement between Council and the corporations which required a commitment to develop a business plan to achieve a range of outcomes.

In late 2012, the process of implementing the findings of the review commenced with the creation of new governance arrangements and the selection of the board members for the two new centres corporations.

On 19 November 2013, the newly formed St Marys Town Centre Corporation presented its Triennial Business Plan to Council for endorsement. Since this time, the board members have been working on a range of activities and initiatives to support the development and enhance the performance of the St Marys Town Centre.

Operating Environment

The St Marys Town Centre Corporation is registered with the Australian Securities and Investment Commission (ASIC). The company was registered as the St Marys Town Centre Ltd on 25 February 2013.

Council has a Deed of Agreement with the SMTCC that secures ongoing funding for a term of 3 years and, subject to mutually agreed performance outcomes, allows for ongoing renewal.

The Deed provides certainty to both parties about the expectations of Council and the autonomy of the Corporation in regard to:

· Scope and objectives

· Principles and protocols for working together

· Relationship management structure and processes

· Dispute resolution procedures

· Insurance and liability requirements

· Procedures for termination of the agreement.

A key feature of the Deed is that the Corporation must prepare a draft Triennial Business Plan, including an annual plan which outlines their key activities and strategic directions for the period. Following endorsement of the Triennial Plan, the annual business plan is presented to Council for endorsement, triggering payment of funds.

The Deed of Agreement outlines a requirement for the Corporation to consult with Council prior to any proposed changes to their constitution.

A formal, independent review of the performance of the Corporation in achieving their business plans will be undertaken in the third year of their agreement and prior to any new agreement being entered in to. To this end, Council has negotiated to withhold 3% of the annual operating funds of the SMTCC for the purpose of undertaking the review and also to support any training that Council requires the board to attend.

Triennial Business Plan

The St Marys Town Centre Corporation prepared a Triennial Business Plan 2013-16 that was subsequently endorsed by Council on 18 November 2013.

The Triennial Business Plan adopted a new vision for the Corporation that reflects their desire to develop the town centre of St Marys into a prosperous and lively place through collaboration. The SMTCC has a commitment to positive social outcomes for residents as well as enhanced economic outcomes for local businesses as articulated in their vision:

“To ensure that St Marys is the vibrant heart of the district, providing diverse experiences and services in a safe, friendly atmosphere”

This vision will, in part, be pursued through a range of actions that will be undertaken over the next three year within the available and projected budgets. Key proposed actions include:

· Regular entertainment and events in the refurbished Coachmans Park

· Management of the St Marys Spring Fair

· Rebranding and promotion of the SMTCC

· A building facade and business presentation improvement program

· Appointment of an operations manager to support the Corporation’s board

The Triennial Business Plan also includes a range of contemporary governance actions to promote best practices as a public corporation.

In addition to the Triennial Business Plan, the board are required to submit an annual report on their previous 12 months of operation and a yearly plan detailing a monthly work program to assist the board to manage its responsibilities in an open and transparent way.

Annual Operation Report 2013-14

The first year of operation of the SMTCC has been a year of growth for the Corporation as they actively pursue a range of initiatives. The Annual Operation Report contains positive messages regarding the operation of the board and the partnerships developed through the first year of operation. The SMTCC ended the 2013-14 financial year with a $39,000 surplus. A copy of the Annual Operation Report 2013-14 is in Attachment 1.

A number of directors, Steve Perry of St Marys Sounds, Anthony Hammon, Manager of the Village Shopping Centre, David Hammond, CEO Fusion, St Marys, and Annette Blissett, of Giggles Fancy Dress Hire have resigned since the last Annual Operations Report due to personal circumstances or changes to their eligibility to remain on the Board. These Directors have been replaced by Faye Aboghazaleh, of the Don Bosco Youth Centre, Greg Crawford, of Ripples Leisure Centre, Glen Mellross, accountant, Joanne Tomic, of Jamjo Home & Gifts, and Tony Zorzo, real estate agent. Greg Crawford has also recently resigned from his position at Ripples Leisure Centre and from his position on the board of the SMTCC.

Glen Mellross was elected as Chair of the SMTCC in December 2014 upon the resignation of the former Chair, Steve Perry.

The Annual Operation Report outlines a range of activities that occurred throughout the year in the following areas of action:

1. Coachmans Park Events

A range of events were curated during schools holidays, Halloween, and prior to Christmas. The Halloween Trick or Treat trail is a unique signature event developed by St Marys which has been growing in popularity and patronage each year.

2. St Marys Spring Fair

The Corporation transitioned from a sponsor and supporter of the St Marys Spring Fair in September 2013 to the manager of the event in September 2014. The St Marys Spring Fair is a significant event in both St Marys and across the city. The Corporation estimated that about 10,000 people attended on the day, despite less than favourable weather.

3. Rebranding the Corporation

At the Annual General Meeting a new brand was launched to create a distinctive identity for the Corporation. The brand will ultimately be used on the Corporation’s website and all documents and marketing material produced by it.

4. Town Centre Manager Appointment

A new Town Centre Manager, Paulette Adams was appointed in May 2014 to assist in the implementation of the Corporation’s Triennial Business Plan. Prior to this date members of the board performed some of the role of the operations manager and engaged a consultant events manager to organise and manage its annual events program. Establishing a stronger personal link between the businesses and the SMTCC has been a priority of the Manager.

The Annual Operation Report 2013-14 reflects a wide range of activities, events and marketing approaches taken over the year. This is consistent with the needs of the SMTCC to build their profile with the local businesses and explore opportunities to promote the town centre to local residents, visitors and potential new business operators.

The Operation Report notes that it commenced a business development program during the period and spent some $76,000 in total on its Halloween and Christmas events.

Since the SMTCC has been without a paid staff member for the majority of the reporting period (July 13-June 14), it is understandable that there was a reduced capacity of the organisation to meet some of the business plan objectives and it is noted that there has still been considerable activity during this period.

Annual Business Plan 2014-15

The SMTCC have forwarded a copy of their business plan for the 14-15 year for consideration of Council. This business plan represents Year 2 of their Triennial Business Plan. The Plan is supported by an expenditure budget of $251,000. A copy of the Annual Business Plan 2014-15 is in Attachment 2.

The Annual Business Plan 2014-15 outlines a range of key activities they intend to pursue during the year to promote St Marys and strengthen the identity of the businesses in Queen Street and surrounds. In summary the activities are:

· Preparing and providing information packs for new and prospective tenants to encourage uptake of any existing vacancies.

· Organising the Easter, Spring Festival, Halloween and Christmas events

· Conducting a survey of business clients and customers to understand their needs.

· Launching a revitalised website with the new brand and monitoring the St Marys profile through social media interest.

· Hosting business network events, providing a regular newsletter and a business information seminar on the potential of E-commerce.

· Working in partnership with the Business Enterprise Centre and Penrith Valley Chamber of Commerce on business support projects.

· Monitoring the implementation of the Triennial Business Plan.

These activities are consistent with best practice approaches to town centre management elsewhere. In the longer term, the SMTCC will continue to develop and “fine tune” their approach as they monitor the effectiveness of the activities and the outcomes that they produce.

Conclusion

At the completion of its first full year of operation, the St Marys Town Centre Corporation have presented an Annual Operation Report reflecting a wide range of activities, events and marketing strategies that were undertaken in support of the town centre.

Despite some initial setbacks with the resignation of board members and the lack of an operations manager, SMTCC has worked hard to develop a strong management team with the election of new board members and the employment of a new Town Centre Manager.

The approach outlined within the Annual Business Plan 2014-15 is consistent with good practice in town centre management and will support greater interest from property owners and foster collaborative efforts for the revitalisation of St Marys Town Centre.

RECOMMENDATION

That:

1. The information contained in the report on St Marys Town Centre Corporation be received

2. Council receive the Annual Operations Report 2013-14

3. Council endorse the Annual Business Plan 2014-15.

ATTACHMENTS/APPENDICES

1.	St Marys Town Centre Ltd Annual Operation Report 2013-2014	32 Pages	Attachments Included
2.	St Marys Town Centre Ltd Annual Business Plan 2014-2015	12 Pages	Attachments Included