Council_Mark_POS_RGB

20 March 2015

 

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 23 March 2015 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 Jackie Greenow OAM - 17 February 2015 to 29 March 2015 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 23 February 2015.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 11 February 2015.

Local Traffic Committee Meeting - 2 March 2015.

Policy Review Committee Meeting - 9 March 2015.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 23 March 2015

 

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


 


Council_Mark_POS_RGB2015 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

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

2

 

 

 

 

 

 

 

21^ü

(7.00pm)

 

 

14

(7.00pm)

 

23@

23

27v

25#

29*

27

24@

28

26

23#+

 

Policy Review Committee

7.00pm

 

 

 

20

11

15

13

10

14

19

9

7

 

9

9

 

 

 

 

 

 

 

 

 

 

 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 ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 23 FEBRUARY 2015 AT 7:33PM

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 Greg Davies (arrived at 7:40pm) and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Mark Davies, Ben Goldfinch, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for the period 17 February 2015 to 29 March 2015 inclusive.

Leave of Absence was previously granted to Councillor Maurice Girotto for the period 17 February 2015 to 3 March 2015 inclusive.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 2 February 2015

24  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Michelle Tormey that the minutes of the Ordinary Meeting of 2 February 2015 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd, as this area is in the vicinity of his home address.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 13 - Sale of Land for Unpaid Rates and Charges, as he is well known to the owner of the land the subject of this report.  Councillor Crameri OAM stated that he would not take part in the debate on this matter.

 

 

Councillor Michelle Tormey declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item14 - Proposed Licence Agreement for Car Park located at the corner of Rodgers and Somerset Streets, Kingswood to Healthscope Limited, as her stepfather is employed by Healthscope.  Councillor Tormey stated that she would leave the meeting during consideration of this Item.

 

 

Mayoral Minutes

 

1        Four staff awarded Louise Petchell Sustainability Scholarships

Councillors Karen McKeown and Michelle Tormey spoke in support of the Mayoral Minute.    

25  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the Mayoral Minute on Four staff awarded Louise Petchell Sustainability Scholarships be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 2 February 2015                                                                                                                    

26  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 February, 2015 be adopted, with the exception of Item 9 (Russell Street and Old Bathurst Road, Emu Heights – Traffic Safety and Parking) with this matter to be the subject of a detailed report to Council.

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 9 February 2015                                                                                                                    

27  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 February, 2015 be adopted.

 

 

His Worship the Mayor, Councillor Ross Fowler OAM then introduced Council’s newly appointed Workforce and Workplace Manager, Sandy Davies, to the Council.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Children's Services Department - Funding from the NSW Government                   

28  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Children's Services Department - Funding from the NSW Government be received.

2.    The Minister for Education, The Hon Adrian Piccoli MP, be thanked for the funding of $63,368 to support children with disabilities in Council’s long day care services for 2015.

 

 

Outcome 2 - We plan for our future growth

 

2        Glenmore Park Stage 2 – Amendment to the Second Council Planning Agreement

 

29  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Mark Davies

That:

1.    The information contained in the report on Glenmore Park Stage 2 – Amendment to the Second Council Planning Agreement be received.

2.    Council endorse the proposed amendments to the Second Council Planning Agreement (commonly referred to as the Council VPA) as outlined in this report and that a draft amended Council VPA be prepared in accordance with these proposed changes and the requirements of the Environmental Planning & Assessment Act and Regulations.

3.    The draft amended Council VPA be placed on public notification for a period of 28 days.

4.    Council authorise the General Manager to finalise and sign the amended Council VPA with the other VPA parties following the conclusion of the public notification period.

 

5.    The Common Seal of the Council of the City of Penrith be affixed to the amended Council VPA developed in accordance with resolutions 2, 3 and 4 above.

 

6.     Councillors be notified of any submissions received as a result of the draft amended Council VPA being placed on public notification, giving them an opportunity to bring the matter to Council.

 

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

 

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

 

3        Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd                                   

 

30  A MOTION  was moved by Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM

 

That: 

1.    The information contained in the report on Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be received.

 

2.    Consideration of this matter be deferred until a determination is made by Council on DA14/1228.

 

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Mark Davies:

That:

1.    The information contained in the report on Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be received.

2.    Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be approved subject to the following conditions:

          Standard Conditions:

                             2.1     A001           Approved Plans

                                      M008                   Linen Plan

                                      Q008          Subdivision Certificate

                                      K101           Works at no cost to Council

                                      K514           Subdivision Compliance Documentation

                                      K Special    The applicant is to grant drainage easements in favour of                                                   Penrith City Council over the existing and proposed                                                            drainage infrastructure that services Villages 3C1, 3C2                                                   and 3C3. The granting of the drainage easements is on                                                      the basis that no claim for compensation will be made                                                          and that the applicant will meet all associated survey and                                                   legal costs.

                                      K Special    The applicant is to grant an easement over the proposed                                                    rising main serving Village 6 in accordance with the                                                            requirements of Sydney Water. The granting of the                                                                easement is on the basis that no claim for compensation                                                         will be made and that the applicant will meet all                                                                   associated survey and legal costs. 

The AMENDMENT was PUT.

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

 

For

Against

 

Councillor Bernard Bratusa

Councillor Prue Car

Councillor Mark Davies

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor John Thain

Councillor Ben Goldfinch

Councillor Karen McKeown

Councillor Ross Fowler OAM

Councillor Michelle Tormey

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Marcus Cornish

 

The AMENDMENT was LOST.

 

The MOTION was PUT.

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

 

For

Against

 

Councillor Prue Car

Councillor Bernard Bratusa

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

The MOTION was CARRIED.

 

 

 

 

 

 

 

 

Outcome 3 - We can get around the City

 

4        Tender Reference 14/15-18 Design & Construct Jamison Road Shared Path Bridge, Penrith                                                                                                                                

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

That:

1.    The information contained in the report on Tender Reference 14/15-18 Design & Construct Jamison Road Shared Path Bridge, Penrith be received.

2.    Steelworks Engineering Pty Ltd be awarded the contract for the Design & Construction of Jamison Road Shared Path Bridge works for the amount of $287,486 excluding GST.

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

 

 

5        Western Sydney Infrastructure Plan - Local Roads Package

Councillor Marcus Cornish left the meeting, the time being 8:18pm.                                          

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

That:

1.    The information contained in the report on Western Sydney Infrastructure Plan - Local Roads Package be received.

2.    Council accept the $1.1million Western Sydney Infrastructure Plan - Local Roads Package funding

3.    A letter of thanks be written to The Hon. Jamie Briggs MP - Assistant Minister for Infrastructure and Regional Development, Federal Member for Mayo, thanking him for the Western Sydney Infrastructure Plan - Local Roads Package funding.

4.    Council endorse the submission of a round two Western Sydney Infrastructure Plan - Local Roads Package 100% funding request for the detailed design and construction of the recommended and scoped works on the nine (9) intersections listed.

5.     A letter be written to Ms Fiona Scott MP, Member for Lindsay, thanking her for her assistance in securing funding for round two Western Sydney Infrastructure Plan – Local Roads Package.

 

 


 

 

Outcome 4 - We have safe, vibrant places

 

6        Proposal for the establishment of an Alcohol Prohibited Area at Memory Park, High Street, Penrith                                                                                                                    

33  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Proposal for the establishment of an Alcohol Prohibited Area at Memory Park, High Street, Penrith be received.

2.    An Alcohol Prohibited Area be established in the public open space area of Memory Park, bound by High Street, Woodriff Street and Union Lane, Penrith.

3.    The Penrith RSL Sub-Branch be consulted regarding the location of the Alcohol Prohibited Area signage prior to installation.

 

 

Councillor Marcus Cornish returned to the meeting, the time being 8:20pm.

 

7        Tender Reference 14/15-17 Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility                                

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

That:

1.    The information contained in the report on Tender Reference 14/15-17 Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility be received.

2.    Barnson Pty Ltd be awarded the contract for the Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility for an amount of $381,000 excluding GST.

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

 

 

8        Services NSW - Training Facility                                                                                     

35  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the information contained in the report on Services NSW - Training Facility  be received.

 

 

 

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

 

9        Smoke Free Workplace Policies

Councillor Kevin Crameri OAM left the meeting, the time being 8:31pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:32pm.                      

36  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that the information contained in the report on Smoke Free Workplace Policies be received.

 

 


10      Allocation of Mulgoa Rise Sportsgrounds                                                                    

37  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Allocation of Mulgoa Rise Sportsgrounds be received.

2.    Glenmore Park Football Club be allocated the use of the sportsgrounds at Mulgoa Rise on a ‘first right to use’ basis under a seasonal hire agreement for the winter season.

3.    Penrith Junior Cricket Association and Nepean District Cricket Association be allocated shared use of the sportsgrounds at Mulgoa Rise on a ‘first right to use’ basis under a seasonal hire agreement for the summer season.

4.    A further report be provided to Council identifying the opportunities, resource requirement and funding options in relation to facility use and development for Glenmore Park/Emu Plains Lions Junior AFL.

 

 

11      Penrith Homeless Outreach Service Hubs

Councillor Mark Davies left the meeting, the time being 8:37pm,

Councillor Mark Davies returned to the meeting, the time being 8:38pm.                                   

38  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the information contained in the report on Penrith Homeless Outreach Service Hubs be received.

 

 

Outcome 7 - We have confidence in our Council

 

12      Organisational Performance Report December 2014                                                   

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

That:

1.    The information contained in the report on Organisational Performance Report December 2014 be received.

2.    The Organisational Performance Report December 2014 as at 31 December 2014, including the revised estimates outlined in this report and detailed in the attached Organisational Performance Report – December 2014 be adopted.

 

 


 

 

16      Summary of Investments & Banking for the period 1 January to 31 January 2015  

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

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 January to 31 January 2015 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2015 to 31 January 2015 be noted and accepted.

3.    The graphical investment analysis as at 31 January 2015 be noted.

 

 

 

13      Sale of Land for Unpaid Rates and Charges

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14, Councillor Michelle Tormey left the meeting, the time being 8:42pm.                                         

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

That:

1.    The information contained in the report on Sale of Land for Unpaid Rates and Charges be received.

2.    Council endorse selling this land to recover the unpaid rates and property debts.

3.    The Common Seal of Council be affixed to all necessary documentation.

 

 

14      Proposed Licence Agreement for Car Park located at the corner of Rodgers and Somerset Streets, Kingswood to Healthscope Limited                                               

42  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Proposed Licence Agreement for Car Park located at the corner of Rodgers and Somerset Streets, Kingswood to Healthscope Limited be received.

2.    Council accept a request to terminate an existing licence agreement with Blue Mountains District Health for a temporary car park located at the corner of Rodgers & Somerset Streets, Kingswood.

 

3.    Council now proceed to enter into a 5 year licence agreement with Healthscope, with a minimum period of 3 years, at a commencing rate of $60,000 pa with annual CPI increases and a half share of any profit generated above subsidised employee parking fees to be paid to Council.

4.    The Manager, Property Development be authorised to enter into an agreement with Healthscope as set out above and given delegated authority to sign licence documentation for and on behalf of Council.

5.    Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

 

15      Property Development Advisory Panel

Councillor Michelle Tormey returned to the meeting, the time being 8:44pm.

Councillor Kevin Crameri OAM left the meeting, the time being 8:45pm.                                   

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

That:

1.    The information contained in the report on Property Development Advisory Panel be received

2.    The Property Development Advisory Panel be established as a Section 355 Committee of Council

3.    Panel members be paid a sitting fee as outlined in the report

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

and

URGENT BUSINESS

 

UB 1           Rembrandt Dutch Club - Dutch Festival       

Councillor Tricia  Hitchen requested that an amount of $455 be allocated from East Ward voted works to the Rembrandt Dutch Club to cover the cost of a bus to transport nursing home passengers to the Dutch Festival run by the Club.

 

44  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Greg Davies that the matter be brought forward and dealt with 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.

 

 

45  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Greg Davies that an amount of $455 be allocated from East Ward voted works to the Rembrandt Dutch Club to cover the cost of a bus to transport nursing home passengers to the Dutch Festival run by the Club.

 

 


 

 

 

RR 1           Trees planted in High Street, Penrith  

Councillor Jim Aitken OAM requested a memo reply to all Councillors concerning the trees planted by Penrith City Council in High Street, Penrith which are causing problems to shops due to large quantities of shedding leaves, in particular blocking drainage systems and entering shops causing damage to stock.

 


RR 2           Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo   

Councillor Kevin Crameri OAM requested a report to Council detailing what Council officers have submitted to the Joint Regional Planning Panel on the filling of the Central Precinct, the Northern Road, Llandilo.

 

UB 2           Request for Leave of Absence    

Councillor Kevin Crameri OAM requested Leave of Absence from 16 March 2015 to 20 March 2015 inclusive.

 

46  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the matter be brought forward and dealt with 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.

 

 

47  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that Leave of Absence be granted to Councillor Kevin Crameri OAM from 16 March 2015 to 20 March 2015 inclusive.

 

 

RR 3           Overhanging trees - Eighth Avenue, Llandilo       

Councillor Kevin Crameri OAM requested a memo to all Councillors concerning removal of overhanging, dead trees in Eighth Avenue, Llandilo between Second and Third Avenues.

 

 

RR 4           Overgrown grass - Property in Second Avenue, Llandilo      

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning his request to have a block of land in Second Avenue, Llandilo cleared as the grass height now exceeds one metre high, presenting a possible fire danger.

 


 

 

RR 5           Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo

Councillor Michelle Tormey requested that, in addition to the resolution at Minute No. 30, with regard to consideration of this development application, further advice be provided regarding site fencing, management of macrofauna, the impact of the link road, and any options for an underpass, once the land is transferred to the National Parks and Wildlife Services.

 

RR 6           Audit of Dog Training Facilities  

Councillor Michelle Tormey requested a memo reply to all Councillors providing details of dog training facilities in the Penrith Local Government Area, as well as information on what an audit of these facilities may entail.

 

RR 7           Severn Street Fire and South Creek Pollution      

Councillor Michelle Tormey requested a report to Council on the Severn Street Fire and pollution caused to South Creek, with the report to supply the following information:  original development application and consent conditions; water quality test results; fire incident report; any suggested future capital works in the business park which could protect South Creek from further pollution; and any complaints received in regard to breaches of consent and outcomes of these.

 

RR 8           Drainage Issues - Littlefields Road, Mulgoa

Councillor Karen McKeown requested that no scheduled maintenance of Littlefields Road, Mulgoa take place, and that instead a report be presented to Council on drainage issues and the change in overland flow as a result of development on neighbouring properties near 87 Littlefields Road, Mulgoa, with the report to include the cost of repairs and resheeting of Littlefields Road over the past 5 years.

 

 

RR 9           'Protect Penrith' Pamphlet 

Councillor John Thain requested a memo reply to all Councillors concerning the distribution of ‘Protect Penrith’ pamphlets, seeking donations, and requesting Council officers to contact the representatives of Protect Penrith Action Group Inc to  clarify details of registration, officer bearers and assurance of where funds will be donated.

 

Councillor John Thain left the meeting, the time being 9:15pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:15pm.

 

 

RR 10         Intersection of Dunheved Road at Werrington County Shopping Centre        

Councillor Prue Car requested an urgent report to Council investigating all possible options available to Council and the NSW Government to address the dangerous intersection on Dunheved Road and the Werrington County Shopping Centre.

 


 

 

RR 11         Lighting - Forrester Road, St Marys    

Councillor Greg Davies requested that the matter of providing street lighting  in the section of  Forrester Road, St Marys, from the North St Marys Leagues Club to the entrance to Ropes Crossing, outside the Masters building, be referred to the Local Traffic Committee for investigation.

 

 

 

Committee of the Whole

 

48 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain                that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:18pm.

 

Councillors Prue Car and Greg Davies left the meeting, the time being 9:18pm.

 

Councillor Greg Davies returned to the meeting, the time being 9:19pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Ben Goldfinch seconded Councillor Mark Davies that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Commercial Matter - Proposed sale of a Council property                                         

 

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        Council Property - Lease to Naval Association of Australia (Nepean & Blue Mountains Subsection) Incorporated to occupy Lot 8 DP 583415, 42 Bruce Neale Drive, Penrith      

 

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 5

 

4        Status on Litigation and Compliance Matters                                                               

 

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

Outcome 3

 

5        Allen & Welch Place Parking Structures and Ramps                                                   

 

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

Outcome 7

 

6        Senior Staff Matters                                                                                                          

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 10:42pm and the General Manager reported that the Committee of the Whole met at 9:18pm on 23 February 2015, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:20pm.

 

Councillor Prue Car returned to the meeting, the time being 9:20pm.

 

2        Commercial Matter - Proposed sale of a Council property                                         

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

CW2 That:

1.    The information contained in the report on Commercial Matter - Proposed sale of a Council property be received.

2.    The sale of the described property proceed as recommended.

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

4.     A covenant be imposed on the property requiring the future use of the site to be restricted to medical or related uses.

 

 

3        Council Property - Lease to Naval Association of Australia (Nepean & Blue Mountains Subsection) Incorporated to occupy Lot 8 DP 583415, 42 Bruce Neale Drive, Penrith      

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

CW3 That:

1.    The information contained in the report on Council Property - Lease to Naval Association of Australia (Nepean & Blue Mountains Subsection) Incorporated to occupy Lot 8 DP 583415, 42 Bruce Neale Drive, Penrith be received.

2.    Council grant a 5 year lease to the Naval Association of Australia (Nepean & Blue Mountains Subsection) Incorporated under Section 47A of the Local Government Act 1993 to occupy Lot 8 DP 583415 Bruce Neale Drive, Penrith in accordance with the terms and conditions outlined in the report.

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

 

 

 

4        Status on Litigation and Compliance Matters                                                               

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

CW4 That the information contained in the report on the Status on Litigation and Compliance Matters be received.

 

 

5        Allen & Welch Place Parking Structures and Ramps

Councillor Prue Car left the meeting, the time being 9:40pm.

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

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Tricia Hitchen

CW5 That:

1.    The information contained in the report on Allen & Welch Place Parking Structures and Ramps be received.

2.    The actions outlined in the report be adopted.

 

 


 

 

6        Senior Staff Matters                                                                                                          

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

CW6 That:

1.    The information contained in the report on Senior Staff Matters be received.

2.    The recommendation of the Senior Staff Recruitment Review Committee endorsing the Assistant General Manager’s contract renewal be endorsed.

 

 

 

ADOPTION OF Committee of the Whole

 

49 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies        that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6  be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:44pm.

 


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                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Sarah Sampson awarded a Ministers Award for Women in Local Government              1

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

Mayoral Minute

Sarah Sampson awarded a Ministers Award for Women in Local Government 

Strategy: Ensure our finances and assets are sustainable and services are delivered efficiently

           

 

I would like to congratulate Development Compliance Officer Sarah Sampson on winning a Ministers Award for Women in Local Government.

 

The awards celebrate the contribution of women to local government in NSW and aim to encourage women to take leadership roles in the sector.

 

Sarah received the award, for a non-senior staff member from a Metropolitan Council, at a special ceremony at Parliament House on 3 March 2015.

 

The award recognised her efforts to make Council a healthier and more productive workplace. Sarah heard about the Fitness Passport program while on holiday. She introduced the program to Penrith Council in 2011 to encourage staff to be more active.

 

The program allows members to use a number of gyms and swimming pools across the Sydney metropolitan area. Thanks to Sarah’s coordination there are now 215 staff and 264 of their family members accessing over 45 gyms.

 

Sarah is also on the Social Club executive. In this role she is actively involved in organising regular activities that help foster connections between staff from across the organisation – another important way to improve wellbeing in the workplace.

 

Sarah is a real asset to Council and an inspiration to her colleagues. On behalf of my fellow Councillors and Council staff I would like to once again congratulate her on this worthy recognition.

 

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Sarah Sampson awarded a Ministers Award for Women in Local Government  be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 11 February 2015    1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 2 March 2015                                                                                                                                             7

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 March 2015                                                                                                                                           19

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 11 February, 2015

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), Farah Madon, David Currie, Carole Grayson, Denise Heath, Councillor Marcus Cornish, Councillor Michelle Tormey, Michael Morris (5.30pm).

 

IN ATTENDANCE

 

Erich Weller – Community and Cultural Development Manager, Joe Ibbitson – Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Ben Felten – Disability Access Officer, Hans Meijer – City Works Manager, Gavin Cherry – Principal Planner, Mahbub Alam – Environmental Planner, Graham Howe – Building Projects Coordinator, Michael Jackson – Design and Projects Manager, Judith Field – Lend Lease, Elizabeth Roxburgh – Landscape Architect, Colin Wood – Fire Safety and Certification Coordinator, Marnie Devereux - Lend Lease.

 

Councillor Jackie Greenow OAM welcomed Carole Grayson to her first Access Committee meeting.

 

Councillor Jackie Greenow OAM congratulated David Currie on being recognised as Penrith Citizen of the Year at the Australia Day Awards.

 

APOLOGIES

Apologies were accepted from Councillor Tricia Hitchen, Emma Husar and Councillor Prue Car.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 December 2014

The minutes of the Access Committee Meeting of 10 December 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

David Currie declared a Non Pecuniary Conflict of Interest – Less than Significant in Item 1 – PL15/0008 and UDRP15/0002 Staged Residential Flat Building Development under the Provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

 

DELIVERY PROGRAM REPORTS

 

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

 

3        Jordan Springs Community Resource Hub                                                                   

Councillor Jackie Greenow OAM welcomed Judith Field and Marnie Devereux from Lend Lease to the meeting.

 

Marnie Devereux, Head of Design and Project Management at Lend Lease, thanked everyone for the invitation to attend the Access Committee meeting and give a presentation on the Jordan Springs Community Resource Hub.

 

Marnie Devereux gave an overview of the Jordan Springs project and advised that it is the best-selling residential project in Australia.  Seventy-five percent of the lots are currently sold.  Negotiations are underway for the delivery of a primary school on the site.  The lake in the heart of Jordan Springs is a drawcard for residents and the surrounding community.  The Touched by Olivia playground is on the northern side of the oval.

 

The proposed community centre will be located within the Jordan Springs Town Centre and adjacent to the child care centre and the future primary school.

 

The designers are committed to sustainability and education, and accessibility with good design incorporated into the building.

 

The proposed community hub building will comprise:

 

·    Entry and foyer

·    Hall function room – 80 plus seated people – 140sqm

·    Activity room – flexible space

·    Meeting room/IT room

·    Space for service provision

·    Kitchen facilities – commercial grade

·    Outdoor space

·    Parking and access (32 spaces with a minimum of two larger spaces)

·    Supporting amenities, e.g. storage, toilets.

 

Marnie Devereux advised of the following project dates:

 

·    Block plan – 12 February

·    Concept approval – end of March

·    Finishes and cost planning - April

·    Start on the site in October

·    Handing over to Council in August 2016.

 

Michael Morris arrived at the meeting at 5.30pm.

 

Issues discussed by the Committee included:

 

·    Two separate accessible toilets

·    Pedestrian access to the toilets

·    The size of the carpark spaces

·    Location of the toilets to the hall

·    Wider pathways to accommodate wheelchairs and gophers

·    Adult change tables

·    Accessible pathways to the kitchen garden

·    Sun shading.

 

Councillor Jackie Greenow OAM thanked Marnie Devereux for her presentation.

 

RECOMMENDED  that the information contained in the report on Jordan Springs Community Resource Hub be received.

 

Marnie Devereux and Judy Field left the meeting at 5.59pm.

 

 

Outcome 4 - We have safe, vibrant places

 

2        Queen St, St Marys - Streetscape Improvement Program                                           

Michael Jackson spoke to the report which details the Streetscape Improvement Program for Queen Street, St Marys. 

 

This report outlines the detailed design package for the “general” areas of Queen Street and gives information on proposed “special places” to be provided.  The Access Committee was asked to provide comment on accessibility issues regarding the Queen Street Streetscape Improvement Program.

 

Key components of the improvement plan include street lighting, replacement of the majority of street trees, pavement, and street furniture.

 

The “special places” are a series of spaces along Queen Street on both sides and include resting points, gathering points, places to meet and socialise.  The three themes identified for the “special places” are heritage and art, lighting and art and greenscape.

 

Expressions of interest have been called for consultants to undertake community engagement, design and delivery of the “special places”.

 

Issues discussed by the Committee included:

 

·    Location of planter boxes

·    Location of TGSIs

·    Keeping the shoreline clear

·    Inconsistency with pedestrian crossings in Queen Street.

 

Councillor Marcus Cornish suggested referring the matter of TGSIs on an unmarked pedestrian crossing to the Local Traffic Committee.  Councillor Jackie Greenow OAM requested Joe Ibbitson send an email to the Local Traffic Committee to follow up this matter.

 

RECOMMENDED that the information contained in the report on Queen St, St Marys - Streetscape Improvement Program be received.

 

Michael Jackson and Elizabeth Roxburgh left the meeting at 6.37pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to the Access Committee                                   

 

DA14/1086         St Marys Leagues Club – Aerial High Roper Recreation Facility

 

Mahbub Alam spoke to the development application for an aerial adventure park north of the existing Go Bananas outdoor playing area.  The proposal is for the construction of an aerial adventure course, new flooring, shade sails, new fencing, a new amenities kiosk, extension to the foyer, and modification to the existing Go Bananas awning.  The facility will accommodate a maximum of 150 people and the rope course 30 people.

 

Mahbub Alam advised that a disability access and inclusion plan had been developed and the park will be accessible to people with disabilities.

 

Issues discussed by the Committee included:

 

·    Provision of an adult size change table

·    Accessible parking spaces

·    Provision of an ambulant toilet

·    Concern regarding staff training

·    Accessible pathway from parking area to building

·    Provision of different sizes of wheelchairs.

 

RECOMMENDED  that the information contained in the report on the proposed Aerial High Roper Recreation Facility development application referred to the Access Committee be received.

 

PL15/008 AND udrp15/0002       staged Residential Flat Building Development under the Provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Gavin Cherry spoke to the memo and gave apologies for the item being late.  The proposal is for a planned staged residential flat building development.  The proposal was reported to the Access Committee prior to the lodgement of a development application due to limited timeframes.

 

Carole Grayson left the meeting at 7.06pm.

 

Mahbub Alam and Councillor Michelle Tormey left the meeting at 7.07pm.

 

Gavin Cherry advised the development proposes a mix of social housing and affordable housing.  Forty-nine apartment units will be constructed in two stages.  The basement will provide 29 parking spaces, including four accessible spaces, and two lifts.

 

Councillor Michelle Tormey returned to the meeting at 7.12pm.

 

Issues discussed by the Committee included:

 

·    Access to the rear of the building

·    Five adaptable units should be provided if there are 49 units

·    Five accessible parking spaces are required for 49 units

·    Location of garbage bays

·    Accessible open space and BBQ area.

 

RECOMMENDED  that the information contained in the report on proposed Staged Residential Flat Building development referred to the Access Committee be received.

 

GENERAL BUSINESS

 

GB 1          Adult Change Tables

Joe Ibbitson advised that the adult change table at Penrith Ripples has now been listed on the Changing Places website and is the only facility in Sydney shown on the map.

 

GB 2          Accessible Document Creation Training     

Joe Ibbitson advised that 56 Council staff have undertaken the Accessible Document Creation training.

 

GB 3          Draft NSW Disability Inclusion Planning Guidelines     

Joe Ibbitson advised that he had a copy of the draft NSW Disability Inclusion Planning Guidelines.  He said he is expecting the Guidelines to be issued soon and will send them out to Committee members when they are available.

 

GB 4          iPad Workshops        

Robyn Brookes advised that a series of eight iPad workshops had been organised for people with a mild to moderate intellectual disability. The workshops will introduce participants to the use of iPads and how to use the internet and Council’s website to search for information and provide feedback.

 

GB 5          Disability and Arts Partnership, Arts NSW  

Robyn Brookes advised that the funding for the Disability and Arts Partnership, Arts NSW had been extended. Council submitted an application for this one-off funding provided by the NSW Lifetime Care and Support Authority to support the No Boundaries Evolution project. 

 

GB 6          Creating Liveable Communities Competition       

Joe Ibbitson advised an application was submitted to the Creating Liveable Communities Competition for the All Welcome proposal.

 

GB 7          Brain Injury Association of NSW

Robyn Brookes advised of Council’s support to the Brain Injury Association of NSW working in partnership on a project with Aboriginal people with a disability. If the project is successful the program will run in Penrith.

 

GB 8          Building Accessibility into Events Workshop       

Ben Felten advised that 22 Council staff members including the Events Management Team attended a half day workshop on building accessibility into events. The Events Management Team invited one of the presenters from the Department of Premier and Cabinet to attend Council’s Australia Day event.

 

GB 9          Automatic Doors at the Joan Sutherland Performing Arts Centre

Graham Howe advised that the installation of two sets of automatic doors at the Joan Sutherland Performing Arts Centre have now been completed and are fully operational.  These works were partially funded through the Disability Access Improvement Program.

 

GB 10        St Marys Community Centre - Upgrade of toilets 

Graham Howe advised that the toilets at St Marys Community Centre are currently being upgraded.  The upgrade includes an accessible toilet at the southern end of the building.

 

GB 11        Old St Marys Chambers     

Hans Meijer advised that ramp access was being provided at the back of the Old St Marys Chambers building with works to commence after ANZAC Day functions.  This is the new front entrance. An accessible toilet is also being provided.

 

 

GB 12        Judges Carpark - Upgrade of toilets   

Graham Howe advised that the toilets at Judges Carpark are currently being upgraded.  New lighting and ceilings are also being provided.

 

GB 13        National Construction Code (NCC) series, Building Code of Australia (BCA) 2015 

Farah Madon advised that guidelines in disability access are addressed through the National Construction Code (NCC) series, Building Code of Australia (BCA) 2015 and can be downloaded free from the Australian Building Codes Board website http://services.abcb.gov.au/NCCOnline/Publications/Publications?year=NCCOnline.Web.Models.PublicationYear.  Some changes noted were to signage and lifts for people with disabilities to use as a means of escape.

 

GB 14        Jordan Springs Pram Ramp

Councillor Marcus Cornish expressed concern at the design of the pram ramps at Jordan Springs.  He requested that when the design for the next stage comes to the Access Committee meeting these pram ramps be changed.

 

GB 15        Community Connections Building - Installation of Hearing Loop

Ben Felten advised that a hearing loop is being installed in Meeting Room 2 in the Community Connections building.  Training will be held for the tenants.

 

Ben Felten also advised that consideration is being given to the installation of a hearing loop in the Seniors Citizens Centre.

 

GB 16        Centrelink/Medicare building, Corner Union Road and Worth Street - Accessible parking     

Councillor Jackie Greenow OAM advised that signs facing outwards were required for the accessible parking spaces behind the Centrelink building.  Concern was also expressed about people parking all day in these spaces.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.40pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 11 February, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                                23 March 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 March, 2015

 

 

 

PRESENT

Councillor Marcus Cornish, Steve Grady – Busways, Matthew Shirvington – Penrith LAC, Nadine Willis – St Marys LAC, James Suprain – Roads and Maritime Services, David Drozd (Chair) Traffic Engineering Coordinator, Noel Fuller – Council Ranger, Catherine Waerner – Road Safety Officer, Graham Green – Senior Traffic Engineer, Bernard Meier – Signs and Linemarking Officer, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Senior Traffic Engineer, Luke Calleja – Trainee Engineer, Wayne Mitchell – Executive Manager Environment and City Development, Joshua Hull – Trainee Engineer.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for the period 17 February 2015 to 29 March 2015 inclusive.

Leave of Absence was previously granted to Councillor Maurice Girotto for the period 17 February 2015 to 3 March 2015 inclusive.

APOLOGIES

Ruth Byrnes – Senior Traffic Officer, Councillor Tricia Hitchen, Councillor Karen McKeown.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 February 2015

The minutes of the Local Traffic Committee Meeting of 2 February 2015 were confirmed, with the exception of Item 9 (Russell Street and Old Bathurst Road, Emu Heights – Traffic Safety and Parking) with this matter deferred to be the subject of a detailed report to Council.

 

DECLARATIONS OF INTEREST

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Gascoigne Street, Penrith - Proposed Provision of "No Parking" Restrictions       

RECOMMENDED

          That:

1.    The information contained in the report on Gascoigne Street, Penrith - Proposed Provision of "No Parking" Restrictions be received.

2.    Council consult with the Lemongrove Gardens Anglican Retirement Village (ARV) regarding the proposed changes.

3.    Subject to no substantial objections, “No Parking” restrictions be provided on the south side of Gascoigne Street at the driveway layback approximately 105m east of King Street for a length of 6m, and at the pram ramp approximately 135m east of King Street for a length of 6m (as shown on Appendix 1).

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

5.    The resident who made the submission to Council be advised of Council’s resolution.

6.    The ARV be advised of Council’s resolution.

 

2        Cranebrook Road, Cranebrook - Proposed Tonnage Limit to Unclassified Section of Cranebrook Road                                                                                                              

RECOMMENDED

That:

1.    The information contained in the report on Cranebrook Road, Cranebrook - Proposed Tonnage Limit to Unclassified Section of Cranebrook Road be received.

2.    A “No Trucks” sign with 3-tonne load limit be implemented on the unclassified (southernmost) section of Cranebrook Road, Cranebrook, from the intersection with Cranebrook Road (adjacent to Olive Lane) to the northern point at which Cranebrook Road becomes a state road, as shown in Appendix 1.

3.    The proposal be advertised in local newspapers and Government Gazette for a period of 2 weeks.

4.    The Roads and Maritime Services be requested to review directional signage, at the southernmost intersection with Castlereagh Road, to direct non-local traffic to the northern intersection.

5.    The Roads and Maritime Services and Council’s Ranger Services be advised of Council’s resolution.

 

3        St Marys Southwest Precinct - Concept Proposal for Local Area Traffic Management (LATM) Scheme                                                                                                                 

RECOMMENDED

That:

1.    The information contained in the report on St Marys Southwest Precinct - Concept Proposal for Local Area Traffic Management (LATM) Scheme be received.

2.    Consultation be undertaken with all residents within the area generally bounded by the Great Western Highway, Mamre Road, Hall Street and Pages Road, regarding the concept plan for proposed traffic calming treatments as part of the LATM scheme.

3.    Following the community consultation process, the project for St Marys Southwest Precinct LATM be entered into Council’s Traffic Facilities Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

4.    “No Trucks” signage with 3-tonne load limit be implemented in the St Marys Southwest Precinct as shown in Appendix 2.

5.    The proposed tonnage limit be advertised in local newspapers and Government Gazette for a period of 2 weeks.

6.    Roads and Maritime Services and Council’s Ranger Services be advised of Council’s resolution with regard to the proposed tonnage limit.

 

 

4        100 Years of Women in Policing Baton Relay, St Marys Procession and Service - Friday 31 July, 2015                                                                                                                       

RECOMMENDED

That the information contained in the report on “100 Years of Women in Policing Baton Relay, St Marys Procession and Service - Friday 31 July, 2015  be received.

 

 

5        Single Road, South Penrith - Proposed Installation of Double Barrier Linemarking

RECOMMENDED

That:

1.    The information contained in the report on Single Road, South Penrith - Proposed Installation of Double Barrier Linemarking be received.

2.    Consultation be undertaken with affected residents.

3.    Subject to no substantial objections being received, double barrier linemarking be installed for a length of approximately 100m at the bend on Single Road, South Penrith, as shown in Appendix 1.

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

 

 

6        Callisto Drive and Middleton Avenue, Cranebrook - Proposed Linemarking Scheme       

RECOMMENDED

That:

1.    The information contained in the report on Callisto Drive and Middleton Avenue, Cranebrook - Proposed Linemarking Scheme be received.

2.    A linemarked parking lane and BB line scheme for Callisto Drive and Middleton Avenue, Cranebrook is introduced as per Appendix 1.

3.    The Police LAC be requested to periodically patrol Callisto Drive and Middleton Avenue, Cranebrook.

4.    Councillor John Thain be advised of Council’s resolution.

 

 

 

 

 

 

 

 

 

7        Cancer Council Penrith - "Relay for Life" Friday 1 to Sunday 3 May, 2015               

RECOMMENDED

That:

1.     The information contained in the report on Cancer Council Penrith - "Relay for Life" Friday 1 to Sunday 3 May, 2015   be received

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services “Guidelines for Traffic and Transport Management for Special Events”, for the Penrith “Relay for Life” on Friday 1 May to Sunday 3 May 2015 be endorsed, subject to the following conditions:

 

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

 

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

 

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

 

(d)  The proposed temporary vehicular access for the logistics car park shall not be provided from Jamison or Mulgoa Roads.

 

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

 

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

 

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

 

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

 

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

 

(j)   Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

 

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

 

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

 

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

 

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

 

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

 

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

 

 

8        Londonderry Road and Boscobel Road, Londonderry - Proposed Median Island  

RECOMMENDED

That:

1.    The information contained in the report on Londonderry Road and Boscobel Road, Londonderry - Proposed Median Island Stop Treatment (MIST) be received.

2.    The design plan prepared by Council (Plan No. AB 172, dated February 2015) for a MIST at the intersection of Londonderry Road and Boscobel Road, Londonderry be endorsed for construction.

3.    A lighting assessment be conducted.

 

 

9        Vincent Road, Cranebrook - Extension of 'No Stopping' zone and reduction of length of centre lines                                                                                                                         

RECOMMENDED

That:

1.    The information contained in the report on Vincent Road, Cranebrook - Extension of 'No Stopping' zone and reduction of length of centre lines be received

2.    The ‘No Stopping’ zone on Vincent Road to the west of the intersection with Grays Lane be extended by 22 metres.

 

3.    That the B.B. double centrelines on Vincent Road to the west of Grays Lane be reduced to 20 metres in length.

 

4.    Council advise the school Principal and Busways accordingly.

 

 

10      Cobb Avenue and Snowden Street, Jamisontown - Proposed Provision of "No Stopping" Restrictions                                                                                                                        

RECOMMENDED

That:

1.    The information contained in the report on Cobb Avenue and Snowden Street, Jamisontown - Proposed Provision of "No Stopping" Restrictions be received.

2.    21m of “No Stopping” restrictions be installed at the intersection of Cobb Avenue and Snowden Street along the continuous side of the continuing road, locating the “No Stopping” signs opposite the tangent points of the corners of the intersection on the continuing road (as shown on Appendix 1).

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

 

 

11      Leonay Parade, Leonay - Proposed "No Parking - Australia Post Vehicles Excepted" Zone                                                                                                                                    

LTC Comment:  The Committee discussed the recommendations of the report. Councillor Marcus Cornish raised concerns about the recommendations and requested that the post box be moved possibly between the entry and exit driveway into the shops (or an alternate location) to allow for the utilisation of parking spaces. This matter was discussed with the Committee and Council’s Engineering Services Manager suggested that the matter be deferred pending consultation with Australia Post, to see if there are other opportunities for relocation of the existing post boxes. The report will then be brought back to LTC.

RECOMMENDED

That the matter be deferred.

 

 

 

 

12      Alwyn Avenue, Wallacia - Proposed "No Stopping" Zone                                           

RECOMMENDED

That:

1.    The information contained in the report on Alwyn Avenue, Wallacia - Proposed "No Stopping" Zone be received.

2.    A “No Stopping” zone restriction be provided at the approach to the Wallacia Caravan Park exit driveway in Alwyn Avenue, Wallacia as shown on Appendix 1.

3.    Wallacia Caravan Park and residents adjacent to the proposed “No Stopping” zone in Alwyn Avenue, Wallacia be advised of Council’s resolution.

4.    Mrs Tanya Davies MP, Member for Mulgoa, and the resident be advised of Council’s resolution.

 

 

 

GENERAL BUSINESS

 

GB 1          Dunheved Road, Werrington County - Proposed Traffic Improvements (Werrington County Shops) 

 

Council has received reports of accidents at the Dunheved Road and Werrington County shopping centre driveway involving vehicles turning into and out of the centre via the existing ‘Seagull’ traffic Island. At Council’s Ordinary meeting of 23 February 2015, Councillor Prue Car also expressed concerns regarding traffic safety at this intersection requesting an investigation into the matter.

 

A site inspection including peak time traffic observations has been undertaken at the Werrington County shops access driveway to Dunheved Road, immediately east of Henry Lawson Avenue. The visible movement causing conflict was the kerbside westbound traffic lane in Dunheved Road, with vehicles undertaking the lengthy westbound queues in Dunheved Road. Surprisingly, only a small proportion (less than 5%) of drivers utilised the kerbside lane during peak times to beat westbound traffic to the signalised intersection of Henry Lawson Avenue. It was clear that due to the limited merge lane offered immediately west of the Henry Lawson Avenue intersection, the undertaking movement was not seen as an attractive option to most drivers.

 

The surprising dynamic that resulted was an excessive queue length that extended westward along Dunheved Road beyond John Batman Avenue, a distance exceeding 500m. Furthermore as the traffic movement within the kerbside westbound lane of Dunheved Road was minimal and yet occurred at relative high speed compared to stationary queued vehicles in the westbound lane, the chances for collisions through the seagull traffic island were increased. This was particularly the scenario when courtesy gaps were left by queued vehicles in Dunheved Road and motorists turning into and out of the shopping complex driveway were not aware of vehicles in the kerbside lane. The issue of queuing relates to the efficiency (LOS) at the two adjoining signalised intersections. Safety and efficiency is paramount and the options presented below include consideration of safety and efficiency improvements at the existing signalised intersections. Combined with works at the ingress/egress to the shops, the overall performance (safety and efficiency) of this length of road was considered. 

 

A review of the available data indicates that there have been 10 accidents in the most recent accident dataset 2008-2013 known to Council. Of these 10 (average 2 per year) 7 were emerging from driveway (Werrington County Shops) movements. Almost all instances occurred in the afternoon / evening. The Police LAC have advised Council that they are regularly patrolling Dunheved Road and have recorded multiple infringements for speeding vehicles. Enforcement action is continuing sporadically.

 

In order to address the situation, a number of options at a conceptual level were tested, based on limited available traffic data and accident history known to Council officers at the time of writing this report. The options which have been considered are presented below:

 

1.   Roundabout Control (at the ingress/egress to the shops): This option was considered, with benefits such as pedestrian connectivity improvement and traffic calming a direct advantage. However, when conceptualising the lane configuration on approaches to the roundabout it was clear that excessive delays would result on Dunheved Road. Geometric constraints would mean the roundabout would only function as a single lane roundabout hence the merging lanes and turning lanes into the shopping complex would be constrained down to one lane, adding significantly to any existing queuing. Furthermore, there would be impact upon the traffic signals at Henry Lawson Avenue with projected queues extending through the signalised intersection. A roundabout control was also considered at Dunheved Road with Lavin Crescent to the west, however this was not seen as beneficial to the overall scheme as traffic queues extended from the west from Greenbank Drive all the way along Dunheved Road and beyond John Batman Avenue to the east. Furthermore, the roundabout proposal at this location would not alleviate existing undertaking concerns at the access driveway. A full closure of the median island to restrict traffic to left in left out at the shopping complex driveway (coupled with the roundabout at Lavin Crescent) was seen as limiting business activity to the centre and was not supported.

 

2.   Traffic Signal Control: There were merits in implementing a set of traffic lights including controlling traffic movements, overall safety benefit and pedestrian connectivity. The proximity of the Henry Lawson Ave signalised intersection would however preclude the additional set of traffic lights due to some 75m of distance between intersections. Furthermore, the warrants for signals would not be met based on present conditions and the relatively low volume entering and egressing the shopping centre. Council’s best advice from the Roads and Maritime Services (RMS) is that signals would not be supported at this location based on a merit based assessment.

 

3.   Improvements to existing Seagull Traffic Island including extra capacity for Dunheved Road between Lavin Crescent and Greenbank Drive: (improvements shown at Appendix 1.)The proposal to improve conditions at the existing shopping centre driveway and Dunheved Road is contingent on making the westbound kerbside through lane, a left only lane into the shopping complex. The left turn only lane coupled with the extension to kerb on the western side of the entrance driveway to the shopping complex essentially reduces current ‘courtesy gap’ conflicts experienced at this location. The driveway entrance is proposed to be widened to accommodate a more generous swept path as well as regraded with the roadway, to ensure the current ‘bottoming out’ effect does not continue. A 1.2m wide median is proposed within the driveway and Dunheved road kerbside lane interface, to further enforce priorities. Current Bus zones / stops are proposed to be relocated westward as shown on Appendix 1 to essentially relocate a current pedestrian desire line and ensure pedestrians are crossing at the traffic signals at Henry Lawson Avenue. Accordingly, the pedestrian walkthrough gap fronting the KFC development is proposed to be closed. In addition, Type 1 RMS fencing is proposed for lengths of 70m and 50m respectively within the solid median island in Dunheved Road. The current solid median island is 1m in width and therefore the fencing shall provide the necessary 300mm setback from the travel lanes in Dunheved Road, thereby negating the need for full island reconstruction. The triangular seagull island dimensions are also proposed to be increased to form the minimum 8m2 of solid concrete required at this intersection. The departure taper lane from the Henry Lawson traffic signals (eastbound in Dunheved Road) is proposed to be lengthened by some 20m to assist merging vehicles. The changes will be discussed with shopping centre management.

 

In addition to these measures at the shopping complex access driveway and Dunheved Road, it is proposed to increase storage capacity at the Dunheved Road and Greenbank Drive intersection, to alleviate the current queuing experienced in this precinct. The proposed approach to the traffic signals shall be duplicated to include two westbound storage lanes, and a merge taper west of Greenbank Drive, thereby making the current westbound kerbside left turn only lane in Dunheved Road at Lavin Crescent a through lane. Importantly, a hold line and Stop control will be introduced at Lavin Crescent with Dunheved Road to enforce priorities and there will be no effect on the existing Right Turn ban restriction at this location. The proposed improvements will aid in the Dunheved Road westbound movement having ample storage capacity at both the Henry Lawson Ave and Greenbank Drive intersections, and thereby negate the requirement to merge prior to Lavin Crescent. It is anticipated that traffic queuing and congestion will be relieved at the shopping complex driveway as a result of this, improving safety for ingressing and egressing vehicles.

 

It is recommended that the works at the ingress/egress to the shopping complex be complemented by improvements to the existing (two) traffic signals in order to improved safety and efficiency at this location.

 

 

Strategic Cost Estimate for Option 3.

The following costs are anticipated for the schedule of works proposed on Dunheved Road. Please note this is a strategic cost estimate only and is contingent on detailed survey and design, Road Safety Audit, Lighting assessment and any service relocation.

 

·    Traffic Study / Road Safety Audit / Detailed Design / R.E.F (if required) / Consultation program and advertising - $40,000

·    Traffic control - $60,000

·    Physical island and Driveway widening coupled with Kerb Blister construction in Dunheved Road Slip Lane - $60,000

·    Regrading of shopping complex driveway with Dunheved Road and relocation of Kerb inlet Pit - $25,000

·    Closure of Median island in Dunheved Road and removal of associated kerb ramps - $15,000

·    Type 1 RMS fence total length of 120m x $500 per lineal metre - $60,000

·    Signage and Line marking changes - $15,000

·    Widening of Dunheved Road at Greenbank Drive for a distance of 185m to accommodate two westbound storage lanes, and a merge taper west of Greenbank Drive for 90m including set back of street lighting poles- $700,000.

 

The total strategic concept project cost is therefore estimated to be $975,000 including the widening of Dunheved Road at Greenbank Drive. Works at the shopping complex entrance driveway only would be appropriately $275,000. It should be noted that Council’s funding within its annual Traffic Facilities budget is presently allocated and as such works of this magnitude would require additional funding input should the project be agreed to in principle.

 

LTC Comment: Councillor Marcus Cornish raised the issue of safety and lane capacity as important factors, noting the existing congestion along this section of Dunheved Road. The RMS raises no objections to Council’s overall proposal to address traffic congestion along Dunheved Road and safety concerns at the driveway seagull treatment. However, to immediately address the identified crash history at the seagull driveway treatment, the proposal on Plan 1 or 3 could be amended to better address the critical factors associated with the crash history at this site.

 

RECOMMENDED

That:

1.    Council provide in principle support for improvements to the existing Seagull Traffic Island in Dunheved Road at the Werrington County shops driveway; including the provision of extra capacity for Dunheved Road between Lavin Crescent and Greenbank Drive (Option 3) noting the final project parameters are contingent on a Traffic study, Road Safety Audit and lighting assessment, and consultation with the Werrington County Shopping Centre management regarding the access improvements.

2.    Council investigate funding opportunities to secure the necessary allocation ($975,000) to further develop and implement the proposed improvements (Option 3).

3.    Councillor Prue Car be advised of Council’s recommendations.

 

 

GB 2          Nightjar Street, Cranebrook - Proposed extension of "No Stopping" zone     

Background

Council’s Traffic Section has received a request from Council’s Waste Services to investigate existing ‘No Stopping’ restrictions to improve access for waste collection vehicles on Nightjar Street, adjacent to Firetail Court, Cranebrook. Firetail Court is a private road adjoining both Lakeview Drive and Nightjar Street. It serves as an access road for residents and service vehicles accessing townhouses on the western side of the intersection of Lakeview Drive and Nightjar Street.

 

Council’s Traffic Section has been advised that, as a result of ongoing obstruction, vehicle and property damage during bin collections, Firetail Court waste collections have been changed to accommodate centralised bin presentation points. From February 2015 all bin collections for Firetail Court have been moved to the new collection points on Lakeview Drive and Nightjar Street to better facilitate collections.

 

As collection trucks will no longer be entering Firetail Court, bins will be left to the immediate north of the driveway/ intersection of Firetail Court and Nightjar Street on collections night. Currently there are vehicles regularly parked within the 4m gap between the existing ‘No Stopping’ zone and the driveway, often partially overhanging the driveway. To assist bin collections by keeping this area immediately north of the driveway clear, and to improve access to/from Firetail Court generally, it is proposed that the existing ‘No Stopping’ restrictions on Nightjar Street be extended.

 

It is recommended that the existing ‘No Stopping’ restrictions, commencing 5m to the north of the driveway/intersection, be extended to a point commencing approximately 1m to the north of the driveway/intersection, as shown in Appendix 1. This will help to ensure that vehicles do not park too close to the driveway/intersection by trying to “squeeze” between the ‘No Stopping’ sign and the layback.

 

Appendix 1 – Nightjar Street, Cranebrook

GB1 Nightjar Street, Cranebrook - Slide 3 (Appendix 1)

 

RECOMMENDED

That the existing ‘No Stopping’ restrictions on Nightjar Street, commencing 5m to the north of the driveway/intersection with Firetail Court, be extended to a point commencing approximately 1m to the north of the driveway/intersection as shown in Appendix 1.

 

 

GB 3          Vehicle Weight Delegations        

Councillor Ranger Noel Fuller informed the Committee that Council Rangers had not been able to conduct any vehicle weight enforcements. The Roads and Maritime Services have not given any delegations to Council and as such Council won’t be able to conduct any enforcements until this has occurred.

 

RECOMMENDED

That Council note the information.

 

GB 4          Council Ranger Uniforms  

Councillor Marcus Cornish raised concerns about the Council Ranger uniforms. He is concerned that the Rangers are not allowed to conduct enforcement in their uniforms due to fear of being attacked.

RECOMMENDED

That Council note the information.

 

GB 5          "Bus Only" Marking along the Great Western Highway, Penrith    

Matt Shirvington from Penrith LAC raised enquiries about the bus only hold point on the Great Western Highway, eastbound approaching Mulgoa Road, Penrith. Discussions occurred within the Committee, and Steve Grady from Busways advised that they do not run buses in that location, and it may be Blue Mountains Bus Company.

RECOMMENDED

That Council write to the Roads and Maritime Services requesting they investigate the removal of the bus only lane if warranted.

 

GB 6          Network Coordination of Traffic Signals along Mulgoa Road, Penrith   

Steve Grady from Busways asked if the RMS can coordinate the traffic lights along Mulgoa Road and Castlereagh Road, Penrith, from the M4 to the Peachtree Road traffic lights as buses experience heavy delays whilst side street traffic is clear.

RECOMMENDED

That Council write to the Roads and Maritime Services (RMS) requesting traffic light synchronisation on Mulgoa and Castlereagh Roads from the M4 to the Peachtree Road traffic lights.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:50am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 March, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                                23 March 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 March, 2015

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Kevin Crameri OAM, Marcus Cornish, Mark Davies (arrived 7:06pm), Maurice Girotto, Ben Goldfinch, Tricia Hitchen, Karen McKeown and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for the period 17 February 2015 to 29 March 2015 inclusive.

APOLOGIES

Apologies were received for Councillors Bernard Bratusa, Prue Car and Michelle Tormey.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 February 2015

The minutes of the Policy Review Committee Meeting of 9 February 2015 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Signs Policy                                                                                                                       

RECOMMENDED

That:

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

2.    A Policy be drafted confirming Council’s position toward movable signage on Council owned and public land.

 

 


 

 

3        Planning Proposal for Glenmore Park Stage 2 (Precinct C)

City Planning Manager, Paul Grimson introduced the report and gave a presentation.

Councillor Kevin Crameri OAM left the meeting, the time being 7:51pm.                                   

RECOMMENDED

That:

1.    The information contained in the report on Planning Proposal for Glenmore Park Stage 2 (Precinct C) be received.

2.    Council commence a Gateway process for the ultimate consideration of a Planning Proposal for Glenmore Park Stage 2 (Precinct C) in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

3.    The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Department of Planning & Environment seeking a Gateway Determination.

4.    Council publicly exhibit the Planning Proposal for Glenmore Park Stage 2 (Precinct C) in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Environment as part of the s56 Gateway Determination.

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

For

Against

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Maurice Girotto                       

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:52pm.

 

2        Development Control Plan 2014 - Outcomes of Public Exhibition

City Planning Manager, Paul Grimson introduced the report and gave a presentation.

Councillors Tricia Hitchen, John Thain, Marcus Cornish and Ben Goldfinch left the meeting, the time being 7:53pm.

Councillors Tricia Hitchen and John Thain returned to the meeting, the time being 7:55pm.

Councillor Ben Goldfinch returned to the meeting, the time being 7:57pm.

Councillor Marcus Cornish returned to the meeting, the time being 7:59pm.

Councillor Greg Davies left the meeting, the time being 8:04pm.

Councillor Greg Davies returned to the meeting, the time being 8:11pm.

Councillor Jim Aitken OAM left the meeting, the time being 8:17pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:21pm.

Councillor Marcus Cornish left the meeting, the time being 8:56pm.

Councillor Marcus Cornish returned to the meeting, the time being 9:00pm.

                                                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Development Control Plan 2014 - Outcomes of Public Exhibition be received.

2.    In accordance with the Environmental Planning and Assessment Act 1979 and Regulations 2000, Council adopt Penrith Development Control Plan 2014, as tabled (provided under separate cover on Council’s website), amended in accordance with the recommendations for each chapter in Attachment 3 (provided under separate cover on Council’s website).

3.    The General Manager be delegated authority to make any necessary minor changes required to the Development Control Plan 2014 in accordance with Council’s adopted policy position before notification in the newspaper.

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

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

For

Against

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 


 

 

Outcome 4 - We have safe, vibrant places

 

4        Trial Pop Up Park Penrith, Final Evaluation Report                                                     

RECOMMENDED

          That the item on Trial Pop Up Park Penrith, Final Evaluation Report be deferred to a       future Policy Review Committee meeting.

 

5        The Penrith Mayoral Challenge- Youth Participation and Placemaking Pilot Project

Place Manager, Jeni Pollard introduced the report and gave a presentation.

Councillor Ben Goldfinch left the meeting, the time being 9:05pm.                                             

RECOMMENDED

That:

1.    The information contained in the report on The Penrith Mayoral Challenge- Youth Participation and Placemaking Pilot Project be received.

2.    That Council endorse the implementation of an annual Penrith Mayoral Challenge as a three year pilot project.

 

 

Outcome 5 - We care about our environment

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:11pm.

 

6        Appointment to the Floodplain Risk Management Committee and Floodplain Management Working Party                                                                                            

RECOMMENDED

That:

1.   The information contained in the report on Appointment to the Floodplain Risk Management Committee and Floodplain Management Working Party be received.

2.   Councillor Marcus Cornish be appointed as a member of the Floodplain Risk Management Committee and Floodplain Management Working Party.

3.   A further report be presented to a future Policy Review Committee Meeting on merging both meeting forums into a Steering Committee.

The MOTION was PUT.

The MOTION was LOST.

Councillor Jim Aitken OAM requested a show of hands and names to be recorded:

For

Against

 

Councillor Maurice Girotto                       

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Mark Davies

Councillor Ben Goldfinch

Councillor Marcus Cornish

Councillor Tricia Hitchen

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM left the meeting at 9:17pm and did not return.

 

Outcome 7 - We have confidence in our Council

 

7        2015 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on 2015 Australian Local Government Association (ALGA) National General Assembly of Local Government be received.

2.    Council nominate His Worship the Mayor, Councillor Ross Fowler OAM as its voting delegate for the 2015 National General Assembly of Local Government.

3.    Council nominate Councillor Marcus Cornish to attend as an observer at the 2015 National General Assembly of Local Government.

4.     Any other interested Councillors be nominated to attend as observers and to advise the General Manager as soon as possible.

5.    Leave of Absence be granted to all Councillors attending the 2015 National General Assembly of Local Government to be held in Canberra from 14-17 June 2015.

6.    Council endorse the draft motions appended to the report relating to Financial Assistance Grants and Pensioner Rebates and submit to the 2015 National General Assembly.

7.    A further report detailing further suggested motions be considered at Council’s Ordinary meeting to be held on 23 March 2015. 

 

URGENT BUSINESS

 

UB 1           Home/Front 100 Year Commemoration        

Councillor Karen McKeown requested that an amount of $5,000 be allocated equally from each Ward’s voted works to the launch of the Home/Front 100 Year Commemoration of the Gallipoli campaign, this being a civic event for His Excellency General, The Hon. David Hurley, AC. DSC (Ret’d), Governor of New South Wales to officially open the exhibition.

RECOMMENDED that the matter be brought forward and dealt with 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.

 

RECOMMENDED that an amount of $5,000 be allocated equally from each Ward’s voted works to the launch of the Home/Front 100 Year Commemoration of the Gallipoli campaign, this being a civic event for the for His Excellency General, The Hon. David Hurley, AC. DSC (Ret’d), Governor of New South Wales , to officially open the exhibition.

 

UB 2           Nepalese New Year Event  

Councillor Mark Davies requested that the hall hire fees for the Nepalese New Year event being held on 11 April 2015 be waived.

RECOMMENDED that the matter be brought forward and dealt with 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.

 

RECOMMENDED that the hall hire fees for the Nepalese New Year event being held on 11 April 2015 be waived.

 

UB 3           Leave of Absence - Councillor Ben Goldfinch      

Councillor Ben Goldfinch requested leave of absence for 3 weeks commencing from the date of birth of his second child which will be advised.

RECOMMENDED that the matter be brought forward and dealt with 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.

 

RECOMMENDED that leave of absence be granted to Councillor Ben Goldfinch for a period of 3 weeks commencing from the date of birth of his second child which will be advised.

 

There being no further business the Chairperson declared the meeting closed the time being 9:42pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 March, 2015 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Children's Services Department Funding - Indigenous Advancement Strategy               1

 

Outcome 2 - We plan for our future growth

 

2        Development Application DA14/1497 Creation of a permanent lake (Stage 1 works) including associated stormwater, drainage works, cycle ways and footpaths Lot 3997 DP 1179646 (No. 3997) Greenwood Parkway, Jordan Springs   Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 5

 

3        Development Application No.14/1601 at Lot 2 DP 1033168 (No. 18) Simeon Road Orchard Hills for proposed Community Facility - Nepean Men's Shed Applicant: Nepean Men's Shed Inc;  Owner: ~Nepean Rescue Organisation Inc

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

 

4        Development Application No. 14/1520 at Lot 992 DP1017019 at No. 27 Old Bathurst Road, Emu Heights for the construction of a swimming pool Applicant: Better Pools & Spas;  Owner: ~Grahame I Burke,  Maree C Burke

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               34

 

 

 

Outcome 3 - We can get around the City

 

5        Russell Street, Emu Plains - Proposed Parking Changes                                               43

 

Outcome 4 - We have safe, vibrant places

 

6        RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St St Marys                                                                                                                                                57

 

Outcome 5 - We care about our environment

 

7        Successful Green Army Projects                                                                                    65

 

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

 

8        Funding Application: Arts NSW - Disability and Arts Partnership                                    69

 

9        Council successful in receiving ClubGRANTS funding for theatre lighting and audio-visual upgrades to the Joan Sutherland Performing Arts Centre (JSPAC)                               71

 

 

Outcome 7 - We have confidence in our Council

 

10      Permanent Closure of Kokoda Place                                                                              79

 

11      Tender RFT 14/15-19 : Conduct of Council's Elections and Provision of Election Services for 2016                                                                                                                                           81

 

12      2015 Australian Local Government Association (ALGA) National General Assembly of Local Government - Motions                                                                                                     86

 

13      2015 Local Government Remuneration Tribunal Review                                               92

 

14      2014-15 Borrowing Program                                                                                            95

 

15      Future Cities Program 2015                                                                                             97

 

16      Summary of Investments & Banking for the period 1 February to 28 February 2015 100

 

 

 

URGENT

 

17      Appointment of a Director to the Board of the Penrith Performing and Visual Arts Limited          111

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Children's Services Department Funding - Indigenous Advancement Strategy               1

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

1

Children's Services Department Funding - Indigenous Advancement Strategy   

 

Compiled by:               Marlene Cauchi, Management Accountant - Children's Services

Amanda Collins, Children's Services Development Officer

Authorised by:            Janet Keegan, Children's Services Manager  

 

Outcome

We can work close to home

Strategy

Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities

Service Activity

Deliver high quality children's services

      

 

Executive Summary

This report advises Councillors of the granting of funding from the Federal Government to Children’s Services. The funding is under the Indigenous Advancement Strategy.  The report recommends that the funding be received and the Federal Government be thanked for the funding.

Background

On 4 March 2015, Nigel Scullion, Minister for Indigenous Affairs, advised Council that the Children’s Services application for funding through the Indigenous Advancement Strategy (IAS) Grant Funding Round 2014 was successful. The funding is for $154,500 over 2.5 years - $117,00 for cultural awareness training and development for educators and $37,500 for early childhood access. 

 

The funding awarded under the IAS will be used to progress the Government’s three main priorities of getting children from an Aboriginal background to school, adults to work and making communities safer. An expectation of the funding is that organisations work closely with relevant Indigenous communities, families and/or individuals in the implementation of the project including, wherever possible, utilising local workforce. Outcome indicators will be developed for the project and monitored closely by the Department of the Prime Minister and Cabinet (PM&C).

 

An overarching goal in the Children’s Services project plan for this funding is to provide improved access to Council’s children’s services and programs for Aboriginal and Torres Strait Islander children and families in the Penrith LGA.  The strategies include access to innovative culturally responsive programs, affordable access to Council services and capacity building to support educators working with families and children.  The funding under the IAS will support the body of work Children’s Services is currently undertaking through the SAACS (supporting Aboriginal access to Children’s Services) project and the professional learning for Council staff being rolled out as part of the Long Day Care Professional Development Program in relation to working with families and children from an Aboriginal and Torres Strait Islander background. The IAS funds will be utilised across all of Council’s long day care, preschool, out of school hours and occasional care services.

 

Conclusion

The enrolment of children from an Aboriginal background in Council’s Children’s Services has increased significantly over recent years with the support of the SAACS project and strategies implemented by the Children’s Services Cooperative to support inclusive and accessible services. This funding from the Federal Government (Department of Prime Minister and Cabinet) will strengthen and expand the body of work currently being undertaken.

 

There is no requirement for Council funds in relation to this funding.  The Penrith City Children’s Services Cooperative which manages Council’s children’s services on its behalf will be advised of this funding at its next Board meeting on 23 April 2015.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Children's Services Department Funding - Indigenous Advancement Strategy be received.

2.    The Minister for Indigenous Affairs, Nigel Scullion, be thanked for the funding of $154,500 under the Indigenous Advancement Strategy.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Development Application DA14/1497 Creation of a permanent lake (Stage 1 works) including associated stormwater, drainage works, cycle ways and footpaths Lot 3997 DP 1179646 (No. 3997) Greenwood Parkway, Jordan Springs  Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 5

 

3        Development Application No.14/1601 at Lot 2 DP 1033168 (No. 18) Simeon Road Orchard Hills for proposed Community Facility - Nepean Men's Shed Applicant: Nepean Men's Shed Inc;  Owner: ~Nepean Rescue Organisation Inc

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

 

4        Development Application No. 14/1520 at Lot 992 DP1017019 at No. 27 Old Bathurst Road, Emu Heights for the construction of a swimming pool Applicant: Better Pools & Spas;  Owner: ~Grahame I Burke,  Maree C Burke

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               34

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

2

Development Application DA14/1497 Creation of a permanent lake (Stage 1 works) including associated stormwater, drainage works, cycle ways and footpaths Lot 3997 DP 1179646 (No. 3997) Greenwood Parkway, Jordan Springs  Applicant:  Maryland Development Company Pty Ltd;  Owner:  St Marys Land Limited   

 

Compiled by:               Donna Clarke, Consultant Planner

Authorised by:            Paul Lemm, Development Services Manager 

Requested By:            Councillor Michelle Tormey

 

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 stormwater works to the existing temporary basin at Jordan Springs Village 5. The purpose of the works is to enable an existing temporary basin to be converted to a permanent basin (to be referred to as East Lake) which will serve as a facility for the permanent treatment of stormwater from Jordan Springs.  This includes alterations to the embankments, inflows and outflows.

 

The need for a permanent lake is based on modelling of the catchment in the preparation of the Western Precinct Plan, where it was determined that four wetlands/detention basins were required within the Precinct in order to mitigate peak flows and treat stormwater from future development. This lake is one of the four nominated.


The site is zoned Urban under the provisions of Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30). The proposal can be defined as a drain or flood mitigation works and they are permissible land uses in the zone.

 

The matter was referred to NSW Office of Water as "Nominated Integrated Development" as a “Controlled Activity” under the Water Management Act, 2000, who raised no objection to the proposal and issued a General Terms of Approval subject to conditions.

In accordance with Clause 44 of SREP 30, National Parks and Wildlife Services have also been consulted and they raise no objection to the proposal subject to conditions relating to the width of the ramp into the lake to allow for access for fire fighting purposes.


This application was advertised, notified and exhibited from 8 December 2014 to 27 January 2015. Council has not received any submissions objecting to the proposal.

The application has been assessed with respect to the Environmental Planning and Assessment Act, 1979 (EP&A Act). Having regard to the relevant statutory provisions, it is recommended that the application be approved.

 

 

Background

The St Marys site was endorsed by the NSW Government for inclusion on the Urban Development Program in 1993. The St Marys Site has a total site area of approximately 1,545 hectares comprising six (6) precincts including the Western Precinct, Central Precinct, North and South Dunheved Precincts, Ropes Creek Precinct and Eastern Precinct. A Regional Park surrounds the Precincts, which has an area of approximately 900ha.

Precinct Plans have been prepared in accordance with Part 3 of SREP 30 for each of the six (6) precincts subsequently. The Western Precinct Plan was adopted by Penrith City Council on 23 March 2009.

The site is located within the southern portion of the Western Precinct, which is now known as Jordan Springs.   The Jordan Springs Concept Plan which identifies the location of a basin/lake on this site at the south of the Precinct (refer Appendix 1).

On 13 July 2013, DA13/0065 was approved for the construction of a temporary basin on the site.  Under DA14/0935, the site was also approved to be subdivided to form Village 5 which included the creation of a lot which accommodates the proposed lake (Lot 3997 DP 1179646).

 

Issues related to the likely impacts on existing vegetation and fauna habitats have been addressed in the previous Species Impact Statement (SIS) submitted with DA13/0065 for the construction of the stormwater channels and the temporary basin. 

 

Site and Surrounds

The site itself is bounded by Lakeside Parade to the south, Greenwood Parkway to the west, riparian corridor to the east and south, future residential land surrounding and a Village Centre to the west.

 

The temporary basin on the site, approved by Council in 2013, has already been partially filled with water and the remainder of the site is devoid of vegetation. The temporary basin formed part of the riparian corridor works, providing runoff channels from Villages 2 and 5.


The Western Precinct is bounded by Regional Park to the north, east and south and The Northern Road and established residential to the west (refer Appendix 2 – Locality Plan).

The site has been remediated as part of the former ADI site. Validation Reports and Site Audit Statements have been issued.

The heritage items identified in the REP are located outside the site and are not in the immediate vicinity. Similarly, Aboriginal sites are not in close proximity to the proposed permanent lake.

The entire Western Precinct is located outside of the Probable Maximum Flood Level of South Creek.

 

Proposed Development

The proposal is for stormwater works to the existing temporary basin at Jordan Springs Village 5. The purpose of the works is to convert the existing temporary basin to East Lake to serve as a facility for the permanent treatment of stormwater from Jordan Springs.

The proposal includes the following key elements:

·    Conversion of the existing runoff channels from Village 2 and 5 to Overland Flow Paths;

·    Installation of rock linings at the south-western entrance to East Lake, as well as between the outflow of East Lake and the adjoining Regional Park:

·    Creation of a spillway on the outflow of East Lake;

·    Planting of macrophytes for water treatment and soil stabilisation;

·    Removal of existing temporary pipe currently flowing into the south of the basin;

·    Installation of a box culvert of four cells to formalise the outflow path for the lake;

·    Local regrading and filling works to the immediate north of the lake to prevent ponding;

·    Construction of a 3m wide concrete shared pedestrian and cycle path around the lake; and

·    Construction of an access pathway between the proposed path around the lake and Road 21 (Lakeside Parade).

Access is to be provided for maintenance vehicles which is reinforced through Special Condition No. 2.19 requiring a minimum 4m wide heavy duty access ramp from the public road to the lake foreshore.

The proposed permanent lake is to be handed over to Council at the completion of works with maintenance agreements outlined within Special Condition No. 2.6 which include a minimum maintenance period by the applicant of 3 years and signatory to a Deed of Agreement.

The proposed landscaping forming part of this Development Application is limited to macrophyte planting as outlined above. Further landscape embellishment works around the lake and the embellishment of a future East Basin Park will be pursued by way of a separate Development Application.

 

Planning Assessment

1.       Section 91 Environmental Planning & Assessment Act, 1979

The development is defined as "Nominated Integrated Development" under the Environmental Planning & Assessment Act, 1979.  A “Controlled Activity” approval under the Water Management Act 2000 is required from the NSW Office of Water.  The application was referred to the NSW Office of Water and General Terms of Approval were granted on 19 December 2014.

The application was notified and exhibited in accordance with the advertising requirements for Nominated Integrated Development.

 

2.       Threatened Species

Flora and Fauna Assessment and Assessments of Significance were prepared in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act), Threatened Species Conservation Act, 1995 (TSC Act) and the Director General’s Requirements under DA14/0935 for the Stage 5 Subdivision. The application included a Species Impact Statement, which also included location of the proposed permanent East Lake.

 

The location of the proposed works is now substantially cleared of vegetation (being the subject of the existing development consent for subdivision, road and drainage works). This application does not propose the removal of further vegetation. A temporary basin already exists on the site and this application formalises this basin as a lake by way of additional pipes, planting of macrophytes and new pathways around the lake.

 

The proposed works do not extend into the Regional Park. The Wianamatta Regional Park Master Plan requires 2.1m and 1.8m fencing around the perimeter of the park (interfacing with Village 5). The proposed works do not impact on this required fencing.

 

 

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

 

The following Environmental Planning Instruments are applicable to the assessment of the development application.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

The site has been remediated as part of the former ADI site. Validation Reports and Site Audit Statements have been issued. Therefore the proposal would pose a negligible risk to the public and the environment with regard to chemical contamination or explosive ordinance. Accordingly, as the site has been remediated and deemed suitable for development, the proposal is satisfactory with respect to SEPP 55.

 

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

 

Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River (SREP 20) applies to the subject land and requires that the consent authority shall not grant consent unless the development is consistent with any relevant, general and specific aim of SREP 20. The general aims and objectives of the plan are to improve the amenity of the river and protecting the lands within the river valley, including scenic quality.

The approval of the lake in a permanent capacity will significantly improve the drainage of the site and surrounding Jordan Springs area. The proposal enables the East Lake to serve as a facility for the permanent treatment of stormwater from Jordan Springs.

The proposed development is consistent with the planning policies and strategies set out in SREP 20.

 

Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30)

 

The site is zoned Urban under the provisions of Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30). The proposal can be defined as a drain or flood mitigation works and they are permissible land uses in the zone.

According to the REP, drain means:

“any channel, conduit or pipe used for removing water other than sewage, and includes stormwater detention basins.”

 

and flood mitigation works means:

works and measures which are intended to reduce or eliminate the effects of flooding".

Clause 3 Aims of this plan

 

The proposed works to the existing temporary lake is consistent with the aims of the REP as it will facilitate the creation of a permanent stormwater treatment lake for future residential development in Jordan Springs.

 

Clause 28 Watercycle

The proposal is consistent with the REP objectives to:

·    promote a sustainable environmental, social and economic outcome

·    provide opportunities for recreation facilities that meet the needs of the local community

·    integrate with the residential developments in the vicinity

The enhancement of the existing temporary lake will provide public benefits for the residents of Jordan Springs, providing a permanent stormwater treatment facility, as well as pathways for recreational enjoyment.  The pathway is 3m wide and surrounds the lake as reflected within the attached proposed East Lake plan.  The lake will integrate with the Jordan Springs residential development and provide an aesthetically pleasing outlook. These proposed works are contained fully within the Western precinct in order to ensure conservation of the Regional Park.


Clause 24 Conservation

Issues related to the likely impacts on existing vegetation and fauna habitats have been addressed in the previous Species Impact Statement (SIS) submitted with DA13/0065 for the construction of the stormwater channels and the temporary basin.

 

No further assessment of flora and fauna is necessary.

No objection is raised to the proposal as the design, location and construction of the permanent lake has taken into consideration the conservation values of the land and the adjoining Regional Park and therefore the objective of this clause is achieved.

Clause 27 Open space and recreation

The site is identified in Part 4 Framework Plan and Environmental Management Strategies of the Western Precinct Plan. However, the location of proposed works does not form part of the riparian corridor and does not form part of the deliverables within the planning agreement.  The Planning Agreement requires landscape embellishment of the adjoining eastern basin park which is identified within the Development Control Strategy. This park will be subject of a separate application as has been done for the other parks within Jordan Springs. Refer to Jordan Springs Concept Plan attachment for clarification on the location of the proposed East Lake and future eastern basin park. The delivery of the proposed works is separate to this park commitment. The proposed landscaping of the edges of the lake will support the delivery of the future local open space (Eastern Basin Park) in accordance with the timeframes as nominated in the Planning Agreement.

Therefore the proposal is consistent with the objective of this clause in relation to the provision of open space and recreation areas and facilities for passive and active recreation and design and location of recreational activities and facilities to maximise conservation of the natural environment within the precinct

Stormwater and erosion control measures have been proposed to minimise materials being transported off site and impact on the water quality of watercourses in the locality. These measures include hay bale, sediment fences, stabilised site entry/exit with wheel wash and gross pollutant traps.

In view of the proposed stormwater and erosion control measures, the proposal is consistent with the requirements of the Precinct Plan and the objectives of this clause to maintaining water quality and minimise any likely impact on flood levels and flood risks to people and property.  Refer to Special Condition Nos. 2.15, 2.16 and 2.18.

Clause 29 Soils

To address issues associated with salinity and contamination, Special Conditions are recommended to implement the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct (refer Special Condition No. 2.4).

Clause 35 Waste Management

A Waste Management Plan (WMP) is submitted with this application. The submitted plan outlines the method and management of waste including mulching, stockpiling of stripped topsoil for re-use on embankments, proper management of imported materials to minimise export off-site at the conclusion of works and removal of surplus materials by contractors.

The WMP has satisfied the requirements of this clause in relation to minimisation of unnecessary waste and promotion of reuse recycle and reprocess of wastes.

 

Clause 44 – Office of Environment

 

Under Clause 44, the application is required to be referred to the NSW Office of Environment for comment. No objections were raised to the proposal and conditions provided (refer to Standard Condition No.  A005 and Special Condition No. 2.1).

 

Clause 51 - Salinity

 

To address issues associated with salinity and contamination, special conditions are recommended to implement the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct (refer to Special Condition No.  2.2). Further, prior to the issue of a Construction Certificate, additional salinity testing is to be undertaken to ensure the basin is able to sustain the growth of the proposed macrophyte zone (refer to Special Condition No. 2.18).

Clause 54 – General Heritage Considerations

 

The proposed permanent lake is not located within the vicinity of any Aboriginal sites or heritage listed sites. Therefore the proposal would not have any adverse impact on the heritage significance of the heritage items identified in SREP 30.

 

 

St Marys Western Precinct Plan

The proposal is consistent with the locations indicated in the Framework Plan and compliant with the objective of the Precinct Plan for promoting a sustainable and environmentally responsible development in which is accordance with the aims and objectives and requirements of SREP 30.

The proposed vegetation of the lake edges and pedestrian pathway network is in accordance with the Open Space Masterplan and will facilitate the delivery of a quality, accessible and sustainable open space to meet the needs of future occupants of Jordan Springs. A separate development application will be lodged for landscaping and its timing is enforced by way of a recommended condition of consent (refer Special Condition No. 2.13).

The proposal provides a recreational area for the future residents of the area, as well as a buffer between the built form of Jordan Springs and the Regional Park. Water Sensitive Urban Design is achieved on the site.

 

Western Precinct Development Control Strategy (DCS)

The landscape works proposed include planting of macrophytes at the water’s edge only and are consistent with Section 5.3 Public Domain of the DCS in relation to open space water landscape character identified for the site.  It will be in keeping with the natural landscape presentation identified for low level and intensity space that adjoins natural systems. A separate development application will include additional landscape embellishment works beyond planting of macrophytes at the water’s edge.

4.         Section 79C - Any Draft Environmental Planning Instruments

 

The site is not affected by any relevant draft environmental planning instruments. 

 

 

5.         Section 79C(1)(a)(iii) - Any Development Control Plan

This Development Application is in accordance with the relevant city wide provisions of the Penrith Development Control Plan 2006 however there are no specific provision applicable.

 

 

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

Context and Setting

 

The proposal is consistent with the Framework Plan of the Western Precinct Plan in which the site has been identified for a water management basin/lake. The proposal is compatible with future residential developments in the vicinity.

 

Traffic, Parking and Access

 

The conversion of the lake from temporary to permanent does not generate additional traffic movements or the need for parking. A pedestrian network has been provided around the lake to provide recreational opportunities for future residents. It is anticipated that the pathways will be accessed via foot rather than vehicle.

 

 

 

 

Noise and Vibration

 

To maintain the acoustic privacy and amenity of the surrounding developments during construction, a standard condition restricting work hours is recommended (refer Standard Condition No. H041).


Site Design

The applicant has demonstrated that the proposed lake location and design is consistent with the location identified in the Framework Plan. The issue of landscape design will be addressed in the future DA to be lodged for the proposed landscape embellishments works for the edge of the lake.

Social and Economic

The proposal is consistent with the objectives of SREP 30 in relation to achieving a sustainable environmental, social and economic outcome and the development principles of the Framework Plan in relation to delivering a recreation area to cater for a range of active and healthy lifestyles.

 

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

The site is suitable for the proposed development for the following reasons:

 

·        The location of the land facilitates a permissible land use under SREP 30.

·        It is consistent with aims of the REP and zone objectives.

·        It is identified in the Western Precinct Plan as one of the four identified water basins/lake.

·        It facilitates minor fill which in turn prepares the site for works needed for a permanent lake.

·        It is unlikely to result in any threatened species or ecological community becoming extinct.

 

 

8.         Section 79C(1)(a)(iiia) – Any Planning Agreement

St Marys Penrith Planning Agreement

Council entered into the St Marys Penrith Planning Agreement on 19 May 2009.  The Agreement contains provisions for local transport works, open space works and community services for the Western Precinct.  The proposed lake is not an item in the Agreement.   

 

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

External Referrals

The following authorities were consulted as per the relevant legislation as follows: -

 

·          NSW Office of Water – Water Management Act 2000

·          National Parks and Wildlife Services – Sydney Regional Environmental Plan No. 30 - St Marys

 

A “Controlled Activity” approval under the Water Management Act 2000 was required from the NSW Office of Water.  The application was referred to the NSW Office of Water and General Terms of Approval were granted on 19 December 2014.

 

NPWS has been consulted in accordance with SREP No.30 who raised no objections to the proposal subject to the site being able to be used as a static water supply for fire fighting purposes, if required. Special Condition No. 2.19 and 2.22) have been recommended.

 

Public Submissions

The application was advertised, placed on public exhibition and notified to the owners and occupiers of adjoining and nearby properties from 8 December 2014 to 27 January 2015 in accordance with Penrith Development Control Plan 2006.  Council has not received any submissions.

 

Internal Referral

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

 

Referrals

Comments

Development Engineer

No objection, subject to conditions.

Environmental Management Officer

No objection, subject to conditions.

Water Management Officer

No objection, subject to conditions.

Environment Health Officer

No objection, subject to conditions.

 

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

The application was documented, advertised, notified and exhibited from 8 December 2014 to 27 January 2015 in accordance with Clauses 50 and 89(3) of the EP&A Regulation 2000. No submissions were received. 

 

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

The proposed development is consistent with the objectives of the EP&A Act in so far as it promotes the coordinated and orderly, and economic use and development of the land.  As a result Council can be satisfied that the development subject to conditions is consistent with the public interest.

 

 

Conclusion

The proposed development is appropriately located within the Urban zone under the provisions of SREP 30 and is generally consistent with the aims and objectives of the REP other relevant strategies.

 

Furthermore, the development performs adequately in terms of its relationship to the surrounding built and natural environment, particularly in relation to likely impacts upon surrounding properties. Consequently, the proposal is supported from an environmental planning perspective.

 

The proposed permanent lake is consistent with the desired future character, design and function as identified in SREP 30 and Central Precinct Plan.

 


 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/1497 Creation of a permanent lake (Stage 1 works) including associated stormwater, drainage works, cycle ways and footpaths Lot 3997 DP 1179646 (No. 3997) Greenwood Parkway, Jordan Springs be received.

2.    The application for Creation of a permanent lake (Stage 1 works) including associated stormwater, drainage works, cycle ways and footpaths be approved subject to the following conditions.

Standard Conditions

                             A001 -        Stamped approved plans

  A005 -        Approved body’s consent

  A109-         Occupation certificate (always apply)

                     B002 ­      As for demolition and disposal to approved landfill site

                     B006 -        Hours of work

                     D001 ­      Implement approved sediment& erosion control measures

                     D005 -        No filling without prior approval (may need to add D006)

                     D006 ­      No filling without prior approval (Use always, except for bulk                             earthworks/ major fill operations)

                     D009 ­        Covering of waste storage area

                            D010 -      Appropriate disposal of excavated or other waste

         D014 ­      Plant and equipment noise

         D026 ­      Liquid wastes

         H006 -        Submission of a implement waste management plan

                     H041 -        Hours of work (other development)

                             K101 -        Works at no cost to Council

                     K407 -        Major Filling/Earthworks

                     K502 -        Works as executed – General and Compliance                                                                    Documentation

                     K601 ­      Stormwater Management system operation and                                             maintenance

                     L001 -         General Landscaping

                     L008 -         Tree Preservation Order

 

Special Conditions

                     2.1     The development is required to comply with the General Terms of                             Approval (GTA) dated 19 December 2014, issued by the NSW                                          Office of Water as outlined below:

                    

Plans, standards and guidelines

a)  These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA2014/1497 and provided by Council:

·        Site plan, map and/or surveys

                                       

                                   Any amendments or modifications to the proposed controlled activities may render these GTA invalid.  If the proposed   control activities are amended or modified the NSW Office of                                    Water must be notified to determine if any variations to these GTA will be required.

 

b)   Prior to the commencement of any controlled activity

      (works) on waterfront land, the consent holder must obtain         a Controlled Activity Approval (CAA) under the Water     Management Act from the NSW Office of Water.      Waterfront land for the purposes of this DA is land and       material in or within 40m of the top of the bank or shore of         the river identified.

 

c)   The consent holder must prepare or commission the

      preparation of:

·                Vegetation Management Plan

·                Erosion and Sediment Control Plan

·                Soil and Water Management Plan

 

d)   All plans must be prepared by a suitably qualified person

      and submitted to the NSW Office of Water for approval    prior to any controlled activity commencing. The following      plans must be prepared in accordance with the NSW         Office of Water’s guidelines located at       www.water.nsw.gov.au/Water-licensing/Approvals/Default.aspx

 

·    Vegetation Management Plans

·    Riparian Corridors

·    In-stream works

·    Outlet structures

 

e)   The consent holder must (i) carry out any controlled

      activity in accordance with approved plans and (ii)   construct and/or implement any controlled activity by or       under the direct supervision of a suitably qualified       professional and (iii) when required, provide a certificate   of completion to the NSW Office of Water.

                                                 

                              Rehabilitation and maintenance

a)   The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the NSW Office of Water.

 

b)    The consent holder must reinstate waterfront  land affected by carrying out any controlled activity in accordance with a plan or design approved by the NSW Office of Water.

 

                              Reporting requirements

a) The consent holder must use a suitably qualified person    to monitor the progress, completion, performance of         works, rehabilitation and maintenance and report to the      NSW Office of Water as required.

 

                              Security deposits

a)   The consent holder must provide a security deposit (bank

      guarantee or cash bond) – equal to the sum of the cost of          complying with the obligations under any approval – to the NSW Office of Water as and when required.

 

                              Access-ways

a)   The consent holder must not locate ramps, stairs, access

      ways, cycle paths, pedestrian paths or any other non-       vehicular form of access way in a riparian corridor other         than in accordance with a plan approved by the NSW      Office of Water.

 

                              Bridge, causeway, culverts, and crossing

a)   The consent holder must ensure that the construction of

      any bridge, causeway, culver or crossing does not result in erosion, obstruction of flow, destabilsation or damage to    the bed or banks of the river or waterfront land, other than         in accordance with a plan approved by the NSW Office of        Water.

 

b)   The consent holder must ensure that any bridge,

      causeway, culvert or crossing does not obstruct water      flow and direction, is the same width as the river or    sufficiently wide to maintain water circulation, with no significant water level difference between either side of    the structure other than in accordance with a plan approved by the NSW Office of Water.

 

                              Disposal

a)   The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

 

                              Drainage and Stormwater

a)   The consent holder is to ensure that all drainage works

       capture and convey runoffs, discharges and flood flows to         low flow water level in accordance with a plan approved      by the NSW Office of Water, and (ii) do not obstruct the    flow of water other than in accordance with a plan     approved by the NSW Office of Water.     

 

b)   The consent holder must stabilize drain discharge points

      to prevent erosion in accordance with a plan approved by          the NSW Office of Water.     

 

                              Erosion control

a)  The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water.  These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilized.

 

                              Excavation

a)  The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

 

                              Maintaining river

a)  The consent holder must ensure that (i) river diversion, realignment or alteration does not result from any controlled activity work and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions, and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by the NSW Office of Water.

 

b)  The consent holder must ensure that the surfaces of river banks are graded to enable the unobstructed flow of water and bank retaining structures result in a stable river bank in accordance with a plan approved by the NSW Office of Water.

 

                                      2.2     The soil salinity management measures outlined within the Western                                           Precinct Plan must be implemented during construction.

 

                    2.3     The development and salvage works must be conducted in                                      accordance with the Aboriginal Heritage Impact Permit (AHIP                                           Permit No. 10996059) issued on 13 February 2009.

 

                    2.4     The development shall be carried out in accordance with the                                    procedures set out in the Western Precinct Contamination                                        Management Plan and the conditions and procedures set out in                                   the Site Audit Statements relating to the Western Precinct.   

 

                    2.5     At the completion of all works the applicant shall:

·        Arrange for a final inspection of the works by Penrith City Council.  Any defects identified at the final inspection are to be rectified by the applicant and be at no cost to Penrith City Council.

·        Lodge a maintenance bond with Penrith City Council.  The maintenance bond shall be held for a minimum period of three years (maintenance period).  The bond is calculated at 5% of the value of all works.

·        Enter into a Deed of Agreement with Penrith City Council.  The deed shall identify liability responsibilities of the applicant for the duration of the maintenance period.

 

                     2.6     The development shall be maintained by the applicant for a                                        minimum period of three (3) years.  The maintenance period                                             shall commence upon completion of the following:

 

·      Lodgement of the maintenance bond

·      Satisfactory completion of the works as determined by Council

·      Entering into a Deed of Agreement

 

                               Six weeks prior to the end of the three year maintenance period                              a maintenance defect inspection is to be undertaken by Penrith                                               City Council.  Any defects identified during the maintenance                                          inspection are to be rectified by the applicant at no cost to                                               Penrith City Council.

 

                               At the satisfactory completion of the maintenance period, as                                      determined by Council, the development shall be delivered to                                            Penrith City Council.

 

                     2.7     The stormwater management system shall be provided generally in                                 accordance with the concept plan/s lodged for development                                         approval, prepared by (Jacobs Pty Ltd), reference numbers                                              (EN04189­ECC­DG­(0001, 0006, 0011, 0012, 0016, 0021, 0022,                                      0023, 0026, 0028), revision (B), dated (17/09/2014).

 

                               Engineering plans and supporting calculations for the stormwater                               management systems are to be prepared by a suitably qualified                               person and shall accompany the application for a Construction                                           Certificate.

 

                     2.8     Prior to the issue of a Construction Certificate the Certifying                              Authority shall ensure that the stormwater management system                               has been designed in accordance with Council’s Water Sensitive                             Urban Design Policy as well as the commitments made in the                                  Riparian Corridors Soil and Water Management Plan Report                                              prepared by SKM February 2014 and the Jordan Springs Village                            5 Subdivision Stormwater Management Study Prepared by J                             Wyndham Prince October 2014 (Reference number 9343­03).

 

                     2.9     All works associated with the project including the location of                                 stormwater management systems must be completed in                                          accordance with the requirements of the NSW Office of Water.

 

                     2.10   Prior to commencement of works sediment and erosion control                                       measures shall be installed in accordance with the approved                                        Construction Certificate and to ensure compliance with the                                           Protection of the Environment Operations Act 1997.

 

The erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stablised.

 

                     2.11   Prior to the issue of an Occupation Certificate, works as executed                          drawings, final operation and maintenance management plans and                              any other compliance documentation shall be submitted to the                         Principal Certifying Authority in accordance with Penrith City                                Council’s Engineering Construction Specification for Civil Works,                        WSUD Technical Guidelines and Stormwater Drainage for Building                    Developments.

 

                               An original set of works as executed drawings and copies of the                        final operation and maintenance management plans and                                        compliance documentation shall also be submitted to Penrith                                     City Council with notification of the issue of the Occupation                                      Certificate where Council is not the Principal Certifying Authority.

 

                     2.12   Prior to the issue of an Occupation Certificate the Principal                                   Certifying Authority shall ensure that the:

 

a)   Stormwater management systems (including on­site detention and water sensitive urban design)

b)   Overland flowpath works

c)   Flood control works

 

·        Have been satisfactorily completed in accordance with the approved Construction Certificate and the requirements of this consent.

·        Have met the design intent with regard to any construction variations to the approved design.

·        Any remedial works required to been undertaken have been satisfactorily completed.

 

                                      Details of the approved and constructed system/s shall be provided                          as part of the works­as­executed drawings.

 

                     2.13   A separate development application shall be submitted to Penrith                               City Council within 12 months of the date of this consent for                                              landscape embellishment works around the East Lake.

                

                           2.14   The water quality / detention system shall be maintained by the                             person/company with the benefit of the development consent for a                           3 year period. During the maintenance period the basin is to be                          monitored by the developer for water quality and vegetation                                      management as per the adopted maintenance regime / operational                                      manual.

 

2.15   Prior to the handover of Gross Pollution Traps, a Draft Operation and Maintenance manual for the proposed stormwater treatment measures shall be submitted to Council for approval. The manual should include details on the cleaning / maintenance requirements as well as provide details on the estimated annual and lifecycle costs associated with the proposed treatment measures. The plan should include details on the following:

 

·           Site description (area, imperviousness, land use, annual rainfall, topography etc)

·           Site access description

·           Likely pollutant types, sources and estimated loads

·           Locations, types and descriptions of measures proposed

·           Operation and maintenance responsibility

·           Inspection methods (including inspection checklists)

·           Maintenance methods (frequency, equipment and personnel requirements);

·           Landscape and weed control requirements

·           Operation and maintenance costs;

·           Waste management and disposal options; and

·           Reporting.

 

                           2.16   Prior to the handover of the water body and related stormwater                        treatment infrastructure, Council requires that all requirements                         outlined in section 2.6 of Council’s Water Sensitive Urban Design                           Technical Guidelines (Version 2) are met. These include the                                    following:

 

·        The WSUD assets / measures are constructed and operate in accordance with the approved design specifications / parameters and any other specific design agreements previously entered into with Council

·        The performance of the WSUD measure(s) has been validated, which must include the provision of a Performance Validation Report supporting the performance of the WSUD measure

·        Where applicable, the build­up of sediment has resulted in no more than a 10% reduction of operational volume

·        Asset inspections for defects has been completed and, if any defects are found, rectified to the satisfaction of Council

·        The WSUD infrastructure is to the satisfaction of Council, structurally and geotechnically sound (this will require the submission of documents demonstrating that such infrastructure has been certified by suitably qualified persons)

·        Design drawings have been supplied in a format acceptable to Council

·        Works as Executed (WAE) drawings have been supplied for all infrastructure in a format and level of accuracy acceptable to Council

·        Other relevant digital files have been provided (e.g. design drawings, surveys, bathymetry, models etc)

·        Landscape designs have been supplied, particularly those detailing the distribution of functional vegetation, i.e. vegetation that plays a role in water quality improvement (clearance certificates from the landscape architect will need to be supplied)

·        The condition of the infrastructure and associated with the land complies with the approved design specification.

·        Comprehensive operation and maintenance manuals (including indicative costs) have been provided.

·        Inspection and maintenance forms provided

·        Vegetation establishment period successfully complete (3 years unless otherwise approved by Council)

·        Copies of all required permits (both construction and operational) have been submitted.

                    

                           2.17   Prior to the issue of a Construction Certificate additional                                       geotechnical investigations and testing shall be undertaken on                                 the permeability of the proposed basin. The permeability of the                             basin shall be designed to ensure that a permanent water level is                           maintained in all-weather events to sustain the growth of the                                          macrophyte zone.

 

                               The test results of the geotechnical investigations shall be                                 submitted to Penrith City Council for approval prior to the issue of                            a Construction Certificate. If the geotechnical testing indicates the                           basin floor is not within acceptable permeability limits then a                                      geotechnical designed liner is to be constructed. Details of the                                      liner are to be submitted to Penrith City Council prior to the issue                          of a Construction Certificate.

 

                             2.18   Prior to the issue of a Construction Certificate additional salinity                                     testing is to be undertaken to ensure the basin is able to sustain                                 the growth of the proposed macrophyte zone. Results of the                                           salinity testing are to be provided to Penrith City Council prior to                                the issue of a Construction Certificate.

 

                     2.19   Prior to the issue of a Construction Certificate a minimum 4m wide                    heavy duty concrete access ramp is to be provided from a public                            road to the lake foreshore to permit maintenance machinery and                              Rural Fire Service vehicles to access the lake. The access ramp is                             to be at maximum gradient of 1 in 4 (vertical to horizontal). Full                            details of the ramp including location are to be submitted to Penrith                    City Council for approval prior to the issue of a Construction                             Certificate.

 

                     2.20   Prior to the issue of a Construction Certificate the Certifying                                       Authority shall ensure that maximum slope of all batters shall be 1                                     in 5 (vertical to horizontal). Batter slopes of 1 in 3 are not                                                  acceptable.

 

                     2.21   Prior to the issue of a Construction Certificate the Certifying                                       Authority shall ensure that the invert level of all inlet pipes from                                          Villages 2 and 5 are not submerged below the permanent water                               level of the basin.

 

                     2.22   Prior to the issue of a Construction Certificate the Certifying                              Authority shall ensure that access to the basin for the purposes                               of a static water supply for firefighting purposes complies with                                  the requirements from the Office of Environment and Heritage.                                   The design of the trail access shall comply with the following                                             requirements:

 

·        Trail access to the static water supply shall be provided for Category 1 vehicles

·        Trail access requires 4m wide with an additional 1m wide strip on each side of the trail clear of bushes and long grass

·        Trail requires a minimum vertical clearance of 4m to any overhanging obstruction including tree branches

·        A turn around area with a radius of 12m

·        A hard stand near the water source to allow vehicles (15 tonne) to park and draught water.  Height above water source not to exceed 4m

·        If to be available to aircraft, requires no power lines, poles within 130m of water source.  Water source requires 35m width/diameter.  No structures within 2m of water source

·        Signage to indicate direction to water source and if dead end/turn around.

                  

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/1497 Locality Plan

1 Page

Appendix

2.  

DA14/1497 Jordan Springs Concept Plan

1 Page

Appendix

3.  

DA14/1497 Proposed East Lake

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2015

Appendix 1 - DA14/1497 Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                              23 March 2015

Appendix 2 - DA14/1497 Jordan Springs Concept Plan

 

PDF Creator


Ordinary Meeting                                                                                                              23 March 2015

Appendix 3 - DA14/1497 Proposed East Lake

 

PDF Creator


Ordinary Meeting                                                                                                23 March 2015

 

 

 

3

Development Application No.14/1601 at Lot 2 DP 1033168 (No. 18) Simeon Road Orchard Hills for proposed Community Facility - Nepean Men's Shed  Applicant:  Nepean Men's Shed Inc;  Owner:  Nepean Rescue Organisation Inc   

 

Compiled by:               Kate Smith, Senior Environmental Planner

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

Council is in receipt of a Development Application for the use of an existing building as a Community Facility operated by the Nepean Men’s Shed Association at 18 Simeon Road, Orchard Hills. The Nepean Men’s Shed is a non-profit organisation which offers men an environment to meet and undertake activities to promote men’s health and social inclusion.

A Restriction on the Use of Land exists limiting the use of the site for emergency service operations. In order to facilitate the subject development, the owners of the land have, in accordance with Section 88 of the Conveyancing Act 1919, applied to Council to vary the Restriction on the use of land to enable the proposed Community Facility to operate from the site.

Under Penrith Local Environmental Plan 2010, the proposal is defined as a Community Facility. The subject site is zoned RU4 Primary Production Small Lots and the proposal is a permissible land use in the zoning with Council consent.

The application has been notified to adjoining residents and property owners. The application was placed on public exhibition between 29/12/2014 and 27/1/2015 and no submissions were received in response.

An assessment under Section 88 of the Conveyancing Act, 1919 and Section 79C of the Environmental Planning and Assessment Act, 1979 has been undertaken and the application is recommended for approval, subject to recommended conditions.

This application is to be determined by Council as the development includes a variation to an 88B Restriction in which Penrith City Council is the only authority empowered to vary, modify or release.

 

Background

The property was created by way of a two (2) lot subdivision approved by Council on 24 October 2000 under Development Consent No. DA002541. Given the large variation to the minimum lot size and the operations being undertaken on the site at the time of approval, a Restriction on the Use of Land was imposed via conditions of consent in accordance with Section 88B of the Conveyancing Act, 1919.

Other approvals on the site include the erection of a building for the purpose of establishing a headquarters for the Nepean Rescue Organisation, approved by Council on 17 May 1996 under Development Consent No. DA950464.

The Nepean Rescue Organisation is no longer in need of the site and will be closing their operations. It is intended that the ownership of the site will be transferred to the Nepean Men’s Shed Association pending the outcome of this application.

 

Site Surrounds

The site is situated on the eastern side of Simeon Road approximately 170m south of the intersection of Frogmore Road and Simeon Road, Orchard Hills. The site is approximately 900m east of the Northern Road and 150m north of the M4 Motorway. The land is directly opposite Penrith Christian School and is surrounded to the east by rural residential land uses.

The site currently contains a large pre-coloured steel clad building measuring approximately 900m² in floor area. The building is comprised of a number of office rooms, meeting rooms, locker rooms, kitchen, store room and workshop area. A total of 20 unsealed off-street parking spaces are provided to the front and rear of the building. The site also contains a large grassed area at the rear approximately 1,600m² in area.

Refer to Appendix No. 1 for A4 copies of the plans submitted with the application.

 

The Proposed Development

The application proposes the use of the site for the Nepean Men’s Shed Association as well as the modification of a restriction on the use of the land to enable the use. The proposed development also includes sealing of the driveway and car parking areas, and minor internal building alterations.

The Nepean Men’s Shed is a community-based, non-profit, non-commercial organisation that provides an environment where men are able to meet and work on projects which encourage them to interact with one another and their community to promote men’s health and social inclusion.

The types of activities the men’s shed proposes to undertake on the site include, but are not limited to, gardening, wood work, painting and metal work. The organisation also assists with fundraisers and other community events which take place at locations around the Local Government Area.

The Nepean Men’s Shed proposes to use the site two days per week from 9am to 2pm Monday and 9am to 12pm Saturday. The organisation has approximately 40 members.

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 88B of the Conveyancing Act, 1919 and Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following issues have been identified for further consideration:

1.   Section 88B of the Conveyancing Act, 1919

The subject site is burdened by a Restriction on the Use of Land, to which Penrith City Council is the only authority empowered to vary, modify or release. The Restriction on the Use of Land reads:

‘The burdened lot shall only be used for the purpose of a non-commercial community emergency service operation.’

The owners of the land have, in accordance with Section 88 of the Conveyancing Act 1919, applied to Council to vary the Restriction on the use of land to enable the proposed Community Facility to operate from the site.

The proposed variation reads as follows:

‘The burdened lot shall only be used for the purpose of a non-commercial community organisation’

It is considered that the proposed variation is reasonable and is required in order for the proposed development to operate from the site. The proposed use is suitable given the intensity of the development and types of activities undertaken. The use of the site for a Community Facility is consistent with the intent of the restriction and should be supported in this instance.

The proposed wording of the restriction is more appropriate and will ensure that the site does not remain vacant as there is no longer a need for emergency services operations to continue from the property. Further, should emergency service organisations seek to operate in the future, the restriction would not prohibit the use of the site for this purpose.

 

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

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

This policy 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. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment. The plan applies to all parts of the catchment in the Sydney region (15 local government areas, including Penrith).

Conditions imposed on the original approval for the Nepean Rescue Organisation required all land used for vehicular access and parking to be sealed with a bituminous surface, however, this did not occur and as a result erosion and sedimentation has occurred across the site. An On-Site Detention System was also conditioned as part of this consent and stormwater pits are located within the existing car parking areas.

The proposed application includes sealing of the driveway areas and this will ensure that sedimentation does not continue to be deposited within the road reserve and will not enter the existing stormwater drainage system. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the driveway and car parking areas.

Further, conditions relating to the ongoing use of the site, in particular liquid waste disposal, are recommended to prevent contamination and pollution of waterways from the transport of stormwater through the drainage system.

Penrith Local Environmental Plan 2010

The subject site is zoned RU4 Primary Production Small Lots under the Penrith Local Environmental Plan 2010. The proposed development is defined as a Community Facility which means ‘a building or place:

(a) owned or controlled by a public authority or non-profit community organisation, and

(b) used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation’. A Community Facility is permissible with the consent of Council in the zone.

The applicant has provided evidence that the organisation is registered with the Australian Charities and Not-for-profit Commission and has demonstrated the use of the site is consistent with the above definition of a community facility.

There are no other provisions within the plan relevant to the proposed application.

 

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

Penrith Development Control Plan 2010

The proposed development satisfies the relevant aims, objectives and provisions of Penrith Development Control Plan 2010 (DCP). Specifically, the proposed development ensures an appropriate use of an existing building on rural zoned land within Orchard Hills.

The subject site is located within a key precinct, being ‘Orchard Hills’. The controls relating to this key precinct focus on protecting the scenic qualities, semi-rural character and amenity of the area. Given there are no external changes to the existing built form on the site, the development ensures that the scenic qualities and character of the area are maintained. The location of the proposed use, being over 150m away from the nearest residence and directly opposite a school, will ensure that the amenity of the area is not altered by the proposed development.

A large portion of the precinct is used for rural-residential living. A number of schools and churches are also dispersed throughout the area. The proposed community facility will complement the surrounding land uses in the locality.

 

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

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

 

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

The key impacts of the development centre on car parking and noise and these aspects are discussed in further detail below:

Car parking and traffic

The assessment of car parking requires a merit based approach given the proposal is not used for commercial or retail activities and there are no specific car parking requirements for a community facility.

The application indicates that the development requires a maximum of 15 car parking spaces which is determined by the number of members present at each meeting. Due to the nature of the use, approximately 20 members attend each meeting on average. The Nepean Men’s Shed implement a ‘car share’ program where a number of members travel together in one car reducing the need for car parking on the site.

The site contains 20 car parking spaces with 9 spaces located at the front of the site with the remainder of the spaces located at the rear. The application includes the sealing of the existing car park and driveway area and recommended conditions are included to ensure that the car parking is appropriately managed on the site. Given the above, it is unlikely that the use will generate car parking in excess of that provided on the site and the requirements can be effectively managed by the organisation through the implementation of ‘car share program’ and the like.

Noise

The proposed activities may generate some noise from the use of power tools and equipment; however, given scale and intensity of the development it is unlikely that noise will exceed levels that would impact on adjoining properties. The use of power tools and equipment occurs infrequently and is dependent on the type of projects being undertaken by the organisation. The nearest residential development is over 150m away and the site is directly opposite a school car park.

Notwithstanding the above, relevant conditions of consent will ensure that the operation of the site to not exceed the levels of the Protection of the Environment Operations Act 1997, given that there is adjacent residential development.

 

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

Given the configuration of the allotment, the current built form and rural zoning the proposed development is an appropriate land use for the site. As a result of previous approvals the land is of a size that would not be able to support agricultural or residential land uses despite the zoning. The re-use of this building for the purpose of a Men’s Shed will ensure that the capabilities of the land and built form are not exploited.

There are no significant natural or built environment constraints that would hinder the proposed development and appropriate measures can be employed to mitigate any potential impacts.

 

7.   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

Comments

Environmental Health

No objections – subject to conditions

Development Engineer

No objections – subject to conditions

Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, this application was notified to nearby owners and occupiers of adjoining properties who were invited to inspect the proposal from 29 December 2014 to 27 January 2015.

Council notified six (6) properties in the area and received no submissions in response.

 

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

The development is appropriate to the locality and is not likely to have any adverse impacts on the neighbouring or surrounding properties and buildings. The proposal will provide a range of local social and economic benefits to the surrounding community and members of the organisation. For these reasons and additionally the proposal’s compliance with relevant planning controls, the proposal is considered to be in the public interest.

 

Conclusion

The use of the subject site is limited by a Restriction on the use of the Land to which Council is the only authority permitted to vary. An application has been made to vary the Restriction on the use of the Land to facilitate the proposed development application which includes the use of the site for the purpose of a community facility operated by the Nepean Men’s Shed.

With the recommended conditions of consent, it is considered unlikely that the proposed development will have a negative impact on the surrounding properties and environment. The site is suitable for the proposed use and is considered to complement the existing surrounding developments. An assessment under Section 79C of the Environmental Planning and Assessment Act, 1979 has been undertaken and the application is recommended for approval.

Given the current status of the site and limited opportunities for future development of the land, the variation will allow for an appropriate use of the site while still remaining consistent with the intent of the restriction. In this regard, it is recommended that the proposed variation to the Restriction on the use of the Land is endorsed in accordance with Section 88 of the Conveyancing Act, 1919.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No.14/1601 at Lot 2 DP 1033168 (No. 18) Simeon Road Orchard Hills for proposed Community Facility - Nepean Men's Shed be received.

2.    The terms of the Restriction firstly referred to in the 88B Instrument attached to Lot 2 DP 1033168 be varied as follows:

‘The burdened lot shall only be used for the purpose of a non-commercial community organisation’

3.    The Common Seal of Penrith City Council be affixed to the necessary documentation.

4.    The development be approved subject to the following conditions of consent:

Standard Conditions

A001             Approved Plans that are architecturally drawn

A019             Occupation Certificate

A026             Advertising sign

A029             Hours of Operation

A030             No retail sales

A032             Goods must be stored within buildings

A039             Graffiti removal

B004             Dust

B005             Mud/Soil

B006             Hours of work (Demolition)

D001            Implement approved sediment & erosion control measures

D005            No filling without approval

D009            Covering of waste storage area

D014            Plant and equipment noise

E002             BCA issues to be addressed

E003             Structural alterations

E006             Disabled access facilities

E009             Annual fire safety

E01A            BCA compliance class 2-9

H001            Stamped plans and erection of site notice

H002            All forms of construction

K101             Works at no cost to Council

K202             Section 138 Roads Act

K208             Stormwater discharge

K501             Penrith City Council clearance

K509             Directional signage

L012             Existing landscaping

Q006            Occupation Certificate (Class 2-9)

R102            OSSM system type and disposal area

R106            AWTS

R109            No effluent runoff

R110            EMA signage

R114            EMA turfed

R115            No structures on EMA

R117            No plants for human consumption

 

Special Conditions

4.1                          All activities involving the use of plant or machinery shall be         conducted within the confines of the building at all times.

4.2                Prior to the issue of an Occupation Certificate, the variation of the Restriction on the use of Land endorsed by Penrith City Council must be registered with Land and Property Information.

4.3                Prior to the issue of an Occupation Certificate, the entry               driveway (front the front property boundary to the building               frontage) and car parking area (at the front of the development) shall be sealed with a bitumen pavement. Final pavement levels are to match with the existing kerb and gutter levels. All other areas required for vehicular access within the site are to be stabilised.

4.4                The driveway and car parking areas shall be constructed in accordance with the On-Site Detention System approved under BA975143. Details of compliance shall accompany the Construction Certificate application.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/1601 Locality Map

1 Page

Attachments Included

2.  

DA14/1601 Architectural Plans

6 Pages

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2015

 

 

 

4

Development Application No. 14/1520 at Lot 992 DP1017019 at No. 27 Old Bathurst Road, Emu Heights for the construction of a swimming pool  Applicant:  Better Pools & Spas;  Owner:  Grahame I Burke,  Maree C Burke   

 

Compiled by:               Colin Wood, Coordinator Fire Safety and Certification

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 a swimming pool at Lot 992 DP 1017019 No 27 Old Bathurst Road Emu Heights. The application seeks to vary the restrictive covenant thirdly referred to in the Section 88B of the Conveyancing Act 1919 Instrument applying to the site.

 

The covenant relates to a restricted building envelope marked ‘A’. Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction.

 

The swimming pool achieves the objectives of the Penrith Local Environmental Plan 2010 which is compatible with the surrounding area and minimises impacts on adjoining properties. The applicant has demonstrated that it is unlikely to have any significant impacts on achieving the outcomes intended by the planning and subdivision controls for the property.

 

It is recommended that the Section 88B Instrument point (1) of the restriction thirdly referred to in DP 1017019 be varied and the swimming pool be approved subject to conditions.

 

Background

On 6 March 1998 Council approved subdivision application SU970135 for a boundary adjustment. As a part of the approval, a restrictive covenant under Section 88B of the Conveyancing Act 1919 was imposed.

 

Point (1) of the restriction thirdly referred to in the Section 88B Instrument applying to Deposited Plan No.1017019 burdens this allotment and states:

 

“No building shall be erected on the lot except within the building envelope marked ‘A’ on abovementioned plan and a 15 metre Fuel Protection Zone is to be maintained around any dwelling constructed”.

 

A development application (DA14/1520) for the construction of a swimming pool was lodged with Council on 28 November 2014. This included a variation of the Section 88B Instrument to construct a swimming pool not located entirely within the building envelope marked ‘A’.

 

 

 

Site and Surrounds

The site is situated on the northern side of Old Bathurst Road and has an area of 1 Ha. The site is irregular in shape and has a fall of 11m from the West to the East.

 

The surrounding area is characterised by rural residential development (See Locality Map in Appendix No. 1).

 

The Proposed Development

The proposal is to construct a concrete swimming pool. The applicant seeks a variation of the Section 88B Instrument to construct a swimming pool that is partly outside of the building envelope marked ‘A’ on the Deposited Plan.

 

The development application was accompanied by:

 

·    Site and Elevation Plans (See Appendix No. 2)

·    Statement of Environmental Effects

·    Waste Management Plan

 

Assessment relating to the Section 88B restriction

The development consent issued by Council for the subdivision identified a building restriction to limit the dwelling’s location by imposing a building envelope.

 

Council’s assessment report for the Subdivision Application stated: 

 

Consideration has to be given to fire break, the location, width and access is to be in accordance with Council’s Policy and a study to be lodged. This should also indicate dwelling sites and restrictions place on the 88b.

 

A bushfire report was submitted with the application for subdivision and concluded that “Fire Protection Zones will be required to offset any potential movement of fire within the lots and from outside the lots towards the dwellings”.

 

The proposed development incorporates the construction of a swimming pool partly out of the building envelope with proposed setbacks of 4.9 metres to the east and 12 metres to the west property boundaries.

 

In support of the variation to the restriction the following is noted:

 

·    A swimming pool is classified as a ‘structure’ under the Building Code of Australia. The intent of the covenant was to restrict the construction of dwellings rather than ancillary structures (such as swimming pools).

·    In the event of a fire, the proposed swimming pool will provide water for use in bushfire events.

·    The proposed swimming pool is to be constructed of concrete.

·    The development is considered to be site responsive.

·    The proposed swimming pool will not affect the Fire Protection Zone of the dwelling, as intended by the Building Envelope Restriction.

·    The proposed development achieves appropriate separation between buildings and site boundaries.

 

The varying of the restrictive covenant relating to a building envelope will maintain the intent behind the restriction imposed by Council and does not impact on the Fire Protection Zone of the dwelling.

 

Planning Assessment

The swimming pool 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:

 

1.   Section 79C(1)(a)(i) - Any environmental planning instrument

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

The swimming pool has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20.  The proposed development will have minimal impacts on the total catchment management of water quality and water quantity. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. The proposal satisfies the considerations under SREP 20.

 

Penrith Local Environmental Plan (LEP) 2010

The site is zoned E3 Environmental Management under the provisions of LEP 2010. The proposed development is defined as a swimming pool, which is permissible with development consent. The proposal satisfies the objectives and provisions of LEP 2010.

 

2.   Section 79C(1)(a)(ii) - Any draft environmental planning instrument

The site is subject to the draft Penrith City-Wide Local Environmental Plan 2010 Stage 2. Under the draft LEP the land is proposed to remain zoned E3 Environmental Management. The proposed swimming pool  is a permissible use and is consistent with objectives and provisions of the draft LEP.

 

3.   Section 79C(1)(a)(iii) - Any development control plan

Penrith Development Control Plan 2010 (DCP 2010)

DCP 2010 Part D Section D1 – “Rural Land Uses” is applicable to the current development application. The development has been assessed with regard to the general development considerations of DCP 2010 and is consistent with the aims and objectives of the DCP.

 

4.   Section 79C (1)(b) - The likely impacts of the development

Built and Natural Environment

The development is compatible with the surrounding and adjacent land uses and will have no impact on the amenity of the area. The development does not detract from the amenity of neighbouring properties and provide adequate separation has been provided between property boundaries.

The development will have no impact on the local road system.

 

The property is not subject to any Heritage Order or identified as a heritage item under a planning instrument.

The proposed development is sensitive to environmental conditions; site attributes and safeguards the health and safety of the occupants.

 


Social and Economic

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

 

5.   Section 79C(1)(c) - The suitability of the site for development

The subject site is within an established rural residential area zoned for environmental management development. The site is not known to be affected by any landslip or heritage controls. The site is identified as bushfire prone land.

 

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.

 

6.   Section 79C(1)(d) - Any submissions made in accordance with the EPA Act and Regs

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2010, the proposed development was not required to be notified to nearby and adjoining residents.

 

7.   Section 79C(1)(e) - The public interest

The development will not generate any significant issues of public interest.

 

Conclusion

Assessment of the application to construct a swimming pool, and to vary point (1) of the restriction thirdly referred to in DP 1017019, has demonstrated that the proposal is unlikely to have any impacts on the achievement of the outcomes intended by the planning and subdivision controls for this site. The varying of the restrictive covenant will not compromise the safety, character or amenity of the locality.

 

The swimming pool and variation of the restrictive covenant is therefore recommended for approval.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No. 14/1520 at Lot 992 DP1017019 at No. 27 Old Bathurst Road, Emu Heights for the construction of a swimming pool be received.

2.    The section 88B instrument applying to Lot 992 in DP 1017019 be varied by varying point (1) of the restriction thirdly referred to which states:

3.    The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the covenant.

4.    The application for a swimming pool be approved subject to the following conditions.

A001 – Stamped approved plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A046 – Construction Certificate

D001 – Sediment and erosion controls

D009 – Waste storage

D014 – Plant and Equipment Noise

E001 – BCA compliance

H001 – Stamped plans and erection of site notice

H041 – Hours of work

J002 – Fencing When water in pool.

J004 – Pool Fence (Residential)

J007 – Boundary Fencing

J010 – Pool Board/Sign

K041 - Bond

L008 – Tree Preservation Order

P002 – Fees

Q01F – Notice of commencement

Q05F – Occupation Certificate

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/1520 Location Map

1 Page

Appendix

2.  

DA14/1520 Site Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2015

Appendix 1 - DA14/1520 Location Map

 

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Ordinary Meeting                                                                                                              23 March 2015

Appendix 2 - DA14/1520 Site Plan

 

 


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

5        Russell Street, Emu Plains - Proposed Parking Changes                                               43

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

5

Russell Street, Emu Plains - Proposed Parking Changes   

 

Compiled by:               David Drozd, Traffic Engineering Co-ordinator

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 consider the parking arrangements and restrictions along a section of Russell Street, Emu Heights. The report recommends that the parking arrangements along the eastern side of Russell Street remain unchanged and parking arrangements on the western side of Russell Street be adjusted as shown on Appendix 1.

 

Background


Penrith Local Area Command (LAC) and Council had received numerous complaints from a local business in Russell Street, raising concerns over large vehicles parking illegally in a (then) “No Stopping” zone which was in place for a short section of Russell Street (between two driveways); immediately south of McDonalds. The concerns related to large vehicles being parked in this section and also overhanging of driveways subsequently impeding access and restricting sight distances for egressing vehicles. Accordingly, Council Officers investigated these matters and reported some to Local Traffic Committee (LTC).

 

The Local Traffic Committee, at its meeting on 3 February 2014, considered a report on “Russell Street, Emu Plains – Proposed Changes to Parking Restrictions and Delineation”. At its Ordinary Meeting on 24 February 2014, Council resolved, on the recommendation of the Committee, that:

 

“1.     The information contained in the report on Russell Street, Emu Plains - Proposed Changes to Parking Restrictions and Delineation be received.

2.       Option C for provision of a “Truck Zone 15 Minutes” on the western side of Russell Street, Emu Plains, with intermittent unrestricted parking on the eastern and western sides, including relevant “No Stopping” restrictions and altered linemarking, be implemented in accordance with Appendix 3 (as amended).

3.       Council’s Design Section be requested to investigate provision of blister islands to supplement the existing pedestrian refuge outside number 146 Russell Street, Emu Plains, with a further report endorsing the design to be submitted to the Local Traffic Committee and the project be funded from Council’s 2014/15 Urgent Traffic Facilities Budget.

4.       A review be conducted in six weeks and six months following the installation of the altered signage.

5.       The business owners who provided comments be advised of Council’s resolution.

6.       Mr Stuart Ayres MP, Member for Penrith, be advised of Council’s resolution.

7.       Council investigate the provision of “Truck Zone” signs on Old Bathurst Road, east of Russell Street, Emu Plains.

8.       Council investigate the road pavement condition on Russell Street, near Bromley Road, Emu Heights.

9.       Council investigate the provision of “No Stopping” restrictions on Russell Street, at the intersection of Bromley Road, Emu Heights.”

 

In accordance with the resolution, parking signage was implemented. In particular, the three spaces (eastern side of Russell Street), immediately south of the McDonalds driveway, were signposted as unrestricted (all day) parking.

 

The Local Traffic Committee, at its meeting on 7 July 2014, in General Business considered item GB1 “Russell Street, Emu Heights – Request for Provision of Timed Parking Restriction (Raised Councillor Tricia Hitchen – Representative for the Member for Penrith)”. Councillor Hitchen requested a review of the recently implemented parking conditions, including consideration of 15min parking on the eastern side of Russell Street. At its Ordinary Meeting on 28 July 2014, Council resolved, on the recommendation of the Committee, that:

 

“That investigations and consultation be conducted with Council’s Rangers and properties along Russell Street, Emu Heights, between Old Bathurst Road and Bromley Road, regarding the traffic and parking arrangements along this section of road.  The investigations to include the provision of timed parking restrictions (15 minutes) on the eastern side of Russell Street, for the three parking spaces immediately south of the McDonalds driveway; with a report to then be submitted to the Local Traffic Committee for consideration.”

 

This matter was reported to the LTC on 3 November 2014. The LTC considered a report which outlined the investigation and consultation with adjoining businesses. The report considered that;

 

Unrestricted on-street parking is available for any users and it is considered that the unrestricted parking on the eastern side of Russell Street, for the three parking spaces immediately south of the McDonalds driveway is operating satisfactorily. It allows parking for cars and other small vehicles throughout the day which has the desired effect to control inappropriate use by trucks.

 

It is Council Officer’s assessment that the induction of 15 minute parking to the three vehicle spaces on the eastern side of Russell Street immediately south of McDonalds’ driveway has the potential to diminish the benefits achieved through the February 2014 LTC resolution.

 

Council Officer’s review of the existing on-street parking along Russell Street, between Old Bathurst Road and Bromley Road, has found the existing arrangements to be operating satisfactorily. Accordingly, it is recommended that the existing parking restrictions remain unchanged.”

 

The minutes of the LTC (3 Nov) noted:

 

“The Committee discussed the report with Councillor Marcus Cornish and Councillor Tricia Hitchen requesting that some provision be made for kerbside parking for southbound trucks in Russell Street to assist with access within this fast food precinct. Furthermore, it is understood that the KFC development on the western side of Russell Street near Old Bathurst Road will have unrestricted parking and it was requested that this location be investigated for suitable parking arrangements and referred to a future meeting. Steve Grady from Busways indicated a bus stop is in operation at this location possibly utilised by Blue Mountains Buses.”

 

At its Ordinary Meeting on 24 November 2014, the Council resolved, on the recommendation of the Committee, that:

 

“That the matter be deferred and further investigations be raised at a future meeting.”

 

Further investigation was undertaken and the matter was referred to LTC on 2 February 2015. At its Ordinary Meeting of 23 February 2015, Council requested the matter to be the subject of a detailed report to Council.

 

Background Consultation

 

Consultation was undertaken with Council’s Rangers who advised that the parking restriction with the installed “Truck Zone 15 Minutes” on the western side of Russell Street, Emu Plains, (with intermittent unrestricted parking on the eastern and western sides), including relevant “No Stopping” restrictions and altered linemarking are generally complied with and operate satisfactorily.

 

Consultation was also undertaken by letter drop to the properties and businesses along Russell Street between Old Bathurst Road and Bromley Street and two submissions were received.

 

One submission was from the business, which has its driveway immediately south of the unrestricted parking on the eastern side of Russell Street and was previously most affected by trucks parking up to and across their driveway. This submission advised that the unrestricted parking allows cars and small vehicles to park and not hinder access and sight lines from their driveway. Cars and smaller vehicles parked in these unrestricted locations limit larger trucks from parking there and obstructing their driveway however, if timed parking were introduced it would allow more opportunity for inappropriate truck parking.

 

The second submission was received from a neighbouring business on the western side of Russell Street. This submission advised that the unrestricted parking is primarily used by vehicles from a named business on the southern side of Russell Street, that are parked there and at other spaces along Russell Street all day. The submission considered that this is making it difficult for other businesses or customers to park in Russell Street. Also that those persons using the public phone who cannot readily park in Russell Street tend to park in their customer car park. They considered that the unrestricted parking on the eastern side of Russell Street, for the three parking spaces immediately south of the McDonalds driveway should be 15 minute timed parking.

 

Local Traffic Committee 2 February 2015

 

As noted earlier, the matter was recently considered at Council’s LTC meeting on 2 February 2015; refer to Appendix 1 for a full copy of the LTC report. The recommendations presented to the LTC where;

 

 

 

That:

 

“1. The information contained in the report on Russell Street and Old Bathurst Road, Emu Heights - Traffic Safety and Parking be received.

2.  The unrestricted parking on the eastern side of Russell Street to remain unchanged.

3.  The “No Stopping” zone fronting the old southern driveway on the western side of Russell Street south of Old Bathurst Road be adjusted north to allow the 7m long unrestricted parking located immediately south to be extended north across the old driveway location to provide 23m long unrestricted parking and the edge line be adjusted as shown on Appendix 1.

4.  The approval of the bus stop on the western side of Russell Street south of Old Bathurst Road be rescinded. Blue Mountains Bus Company and Transport for NSW be advised accordingly.

5.  The business owners who provided comments be advised of Council’s resolution.”

In considering this matter the following LTC comment was minuted:

 

LTC Comment: The Committee discussed the recommendations of the report. Councillor Marcus Cornish requested that both the 4 spaces (western side) and three spaces (eastern side) should be 15min parking for large vehicles. The Penrith LAC (Bill Pearson) proposed, based on an inspection of the area, that the spaces be designated as 30min parking (on both sides). That is, the four unrestricted spaces on the western side of Russell Street, outside the KFC development be made 30 minute parking. Similarly, that the three unrestricted spaces on the eastern side outside McDonalds also be made 30 minute parking. This alternate proposal was supported by both Councillor Marcus Cornish and Councillor Tricia Hitchen.

 

Council Officers advised that the implementation of high turnover parking is not recommended on traffic safety grounds, as multiple driveways exist in this area which raises potential for vehicle conflicts and accidents. Furthermore, the introduction of high turnover parking has the potential to be utilised by large trucks, and this will lead to the restriction of sight lines for vehicles exiting the subject driveways, which is why the issue was first raised through LTC in February 2014.

 

The prevailing conditions which have been in place since early/mid 2014 have been operating satisfactorily; the introduction of high turnover parking to this location will adversely impact upon safety and efficiency. Council Officers stated that suitable alternate on street areas for truck parking exist within the vicinity of the fast food outlets in question. The Roads and Maritime Services (RMS) Technical Officer concurred with the recommendations of Council Officers. A vote was called for by Councillor Marcus Cornish, with the result that  Councillor Marcus Cornish, the Police representative Bill Pearson – Penrith LAC and delegate for the Member for Penrith (Councillor Tricia Hitchen), all voted in favour of 30 minute timed parking for the four unrestricted spaces on the western side of Russell Street, outside the KFC development and the three unrestricted spaces on the eastern side outside McDonalds. Opposed to the introduction of 30 minute parking was the RMS representative James Suprain.

 

 

At this juncture it is important to be aware of the following Procedural note:

 

It is noted that the recommendations of the Local Traffic Committee for the subject item are submitted, in accordance with RMS Guidelines, to the Council with minority support, 1 in favour and 3 against. In accordance with ‘RMS Delegation to Council’s for the regulation of Traffic (2009)’ manual; Section ‘5.3.6 Voting (d)’:

 

“If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RTA and the NSW Police representatives in writing of their intention to approve the proposal. The RTA or the NSW Police may then lodge an appeal to the RTC (Regional Traffic Committee)”.

 

The present report addresses the LTC 3 February 2014, Recommendation 4, LTC 7 July 2014, GB1 Recommendation, and LTC 3 November 2014 Recommendation, and more recently the LTC 2 February 2015 recommendations, which were deferred at Council’s Ordinary Meeting on the 23 February 2015 pending a full report to Council on the matter.

 

Current Situation

 

Unrestricted on-street parking is available for any users and it is considered that the unrestricted parking on the eastern side of Russell Street, for the three parking spaces immediately south of the McDonalds driveway, is operating satisfactorily. It allows parking for cars and other small vehicles throughout the day which has the desired effect to control inappropriate use by trucks. Council Rangers also advised that enforcement of short-term, timed parking in non-town centre locations such as Russell Street is difficult with limited ranger resources.

 

It is more desirable for any short-term parking at facilities such as McDonalds to be off-street rather than on-street which is in greater potential conflict with driveway traffic and through traffic on Russell Street. The unrestricted parking at the three vehicle spaces on the eastern side of Russell Street immediately south of McDonalds’ driveway is generally occupied by cars which provide the benefit of controlling undesirable truck parking at this location. Any introduction of short term parking here has the potential to diminish the benefits achieved through the February 2014 LTC resolution.

 

Parking for trucks and other users on the eastern side of Russell Street is available further along Russell Street. There is also generally available unrestricted parking for trucks and other users along the southern side of Old Bathurst Road just east of the McDonalds / service station complex.

 

Council Officer’s review of the existing on-street parking along the Russell Street, between Old Bathurst Road and Bromley Road, has found the existing arrangements to be operating satisfactorily. Accordingly, it is recommended that the existing parking restrictions on the eastern side of Russell Street remain unchanged.

 

It was noted that the Transport for NSW database shows a Bus Stop location on the western side of Russell Street in the “No Stopping” Zone fronting the service station, although there is no Bus Stop provision at this location. Busways and Blue Mountains Bus Company have been consulted and have confirmed that they do not use or require a Bus Stop at this location. Consequently, Transport for NSW will be requested to remove it from their database.

 

The old southern driveway to the service station on the western side of Russell Street near the corner of Old Bathurst Road has been removed as part of the development works for a KFC Fast Food outlet. This allows the opportunity to increase the existing one space of on-street parking located immediately south of the old driveway to provide an additional two spaces at the old driveway location. The additional unrestricted parking here will provide similar benefits to the unrestricted parking on the eastern side of Russell Street.

 

Additional parking will be available for the nearby businesses and the general occupation of these spaces by cars which will also discourage undesirable truck parking at this location which is between driveways. Subsequently, it is recommended that the “No Stopping” zone fronting the old southern driveway be adjusted to allow the existing 7m long unrestricted parking located immediately south to be extended north across the old driveway location to provide a 23m long unrestricted parking and the edge line marking be adjusted as shown on

Appendix 1.

 

In accordance with the RMS delegations to Council, consultation must be undertaken with both the RMS and Police prior to acting upon such delegations. This is typically constructed through the Local Traffic Committee. In this instance, as the matter was requested to be reported to Council, the RMS and the Penrith Police LAC comment was sought in order for Council to be able to readily act upon any resolution. As part of a technical review post the 23 February Council meeting input was received from the following members of the LTC;

 

The RMS, advised that they supported the recommendations of 2 February 2015 LTC based on the following reasons;

 

1.       on-street parking in such an area should not be preferential, it should be based on a first come/first serve basis because most if not all of the adjacent premises have off-street parking provisions.

2.       Likewise, under general DA Conditions Of Consent, businesses are meant to provide adequate space for customer parking and delivery vehicles on-site e.g. loading and unloading should not be done on-street. If it is done on-street (old DA's), then some provision should be made to restrict times e.g. not during peak periods.

3.       The inherent problem with 'Truck Zones' is the zone length versus the prevailing truck length. Overhanging of Truck Zones is likely where inadequate length is provided. E.g. a 7m long Truck Zone is highly likely to be utilised by longer trucks. So, like all on-street parking, it's a matter of competing interests and needs.

 

The Penrith Police LAC advised that they supported the recommendations of 2 February 2015 LTC based on the following reasons;


The unrestricted parking on the eastern side of Russell Street should remain unchanged. It is my view that the benefits toward public safety of self-regulating parking on the eastern side of Russell Street far outweigh any notion to have timed parking of any sort. I believe any perceived disadvantage resulting will be offset by the commitment for adjustments to the No Stopping zone on the southern driveway on the western side of Russell Street, as described in your recommendations, point 3.

 

Council Ranger Services similarly supported the recommendations of 2 February 2015 LTC based on the following reasons;

 

·        The enforcement of short-term, timed parking in non-town centre locations such as Russell Street is difficult with limited Ranger resources and the increased demand to prioritise patrolling to the Penrith & St Marys CBD’s.

·        I agree that should smaller vehicles park at this location it would be self-regulating.

·        A search of the electronic parking records has identified no penalty infringements notices were issued for illegal Parking in Russell St Emu Plains between February 2014-February 2015.

 

Conclusion

 

The recommendations presented to the LTC of 2 February 2015, have received the support of both the RMS and the Police. Accordingly, those recommendations are reproduced below for the consideration of Council.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Russell Street, Emu Plains - Proposed Parking Changes be received.

2.     The unrestricted parking on the eastern side of Russell Street remain unchanged.

3.     The “No Stopping” zone fronting the old southern driveway on the western side of Russell Street south of Old Bathurst Road be adjusted north to allow the 7m long unrestricted parking located immediately south to be extended north across the old driveway location to provide 23m long unrestricted parking and the edge line be adjusted as shown on Appendix 1.

4.     The approval of the bus stop on the western side of Russell Street south of Old Bathurst Road be rescinded. Blue Mountains Bus Company and Transport for NSW be advised accordingly.

5.     The business owners who provided comments be advised of Council’s resolution.

 

 

ATTACHMENTS/APPENDICES

1.  

Russell Street, Emu Plains - Proposed Parking Changes

5 Pages

Appendix

  


Ordinary Meeting                                                                                                              23 March 2015

Appendix 1 - Russell Street, Emu Plains - Proposed Parking Changes

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St St Marys                                                                                                                                               57

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

6

RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St St Marys      

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Elizabeth Roxburgh, 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

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

      

 

Executive Summary

An Expression of Interest (EOI 14/15-01) for a Design Consultant for the Special Places project (Queen St, St Marys) was advertised in the Western Weekender on 21 November 2014 and The Sydney Morning Herald on 25 November 2014. The EOI was also advertised on the Institute of Landscape Architects and the Arts Hub websites. The EOI closed on 15 January 2015. Four submissions were short listed to progress to the tender stage (RFT 14/15-21). The tender closed on 3 March 2015.

 

The report advises Council of the outcome of the tender process and recommends that the tender for the Design and Documentation of Special Places, Queen St, St Marys be awarded to Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd.

Background

The ‘Queen Street St Marys Streetscape Improvement Plan’ (SIP) was adopted by Council in 2014.  The SIP includes a series of Special Places along the length of the street and the detailed design and documentation of these places is ready to commence.

 

The SIP is a masterplan-style proposal for the improvement of footpath areas in Queen Street St Marys. The SIP is available on Council’s website via the link below:

 

http://www.penrithcity.nsw.gov.au/Our-Services/Planning-and-Development/Planning-Studies-and-Strategies/Queen-St,-St-Marys-Streetscape-Improvement-Plan/

 

The Special Places will enhance the attractiveness of the street, will be social activity generators and have their own character within the street.  Custom public domain elements may result from the creative design process. 

 

A two stage tender process (Expression of Interest and selected Tender) for the engagement of consultants has been undertaken which is outlined in this report. The process has resulted in the recommendation of a Head Design Consultant for the Queen Street’s Special Places project as well as a selected panel of Head Design Consultants for other creative public domain projects in the Penrith City Centre. 

 

This report seeks endorsement from Council for the engagement of the Head Design Consultant and use of the Panel for future similar projects.

 

Due to the complex and unique nature of the project, a Head Design Consultant is required to create, lead and manage a team of specialist sub consultants. The skills offered by the entire team include community engagement, place making, public art / creative solutions, landscape architecture, urban design, lighting, engineering, accessibility.

A two stage, selective tender process was undertaken: stage 1 - Expression of Interest seeking to establish capability and experience of the consultants; and then stage 2 - Select Tender to a limited number of consultants based on the best EOI submissions.

The Expression of Interest (EOI 14/15- 01) (Head Design Consultant for the Design and Documentation of St Marys Square and Activation Areas Queen St, St Marys) was advertised in the Western Weekender on 21 November 2014 and the Sydney Morning Herald on 25 November 2014. The Expression of Interest was also posted on the Australian Institute of Landscape Architects (AILA) and the Arts Hub websites. The Expression of Interest closed on 15 January 2015.

The selected tender (RFT 14/15-21 Provision of Design and Documentation of Special Places, Queen St St Marys by a Head Design Consultant) was sent to the four short-listed companies on 9 February 2015. The tender closed on 3 March 2015.

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Michael Doggett (Supply Coordinator), Laura Schuil (Supply Officer - Contracts), Michael Jackson (Design and Projects Manager), Karin Schicht (Landscape Architecture Supervisor), Elizabeth Roxburgh (Landscape Architect), Jeni Pollard (Place Management Manager) and Terry Agar (City Centres Coordinator).

 

Evaluation Criteria and Methodology

Expression of Interest (EOI) - The evaluation criteria of the EOI submissions is summarised as follows:

1.   Demonstration of appreciation of the task including, understanding of the role of head consultant, understanding the importance of community engagement and a methodology summary

2.   Creative response including relevance of response, how innovative and how practical was the creative response

3.   Relevant experience including: The head consultants relevant experience, was the team sufficiently complete with expertise to run the project, the teams relevant experience, and references

4.   Creative (quality) of the head consultant and the team

5.   Indication of fees: design allowances or percentages

Four members of the Evaluation Committee ranked each submission against the above criteria, and those scores were weighted to determine the final rankings, noted in the table of submissions received. 


 

Expressions of Interest (EOI) Received

A summary of the ten (10) submissions received is below:

Company

Company Location

Directors

Ranking after EOI evaluation

Aral Studio

Sydney

Cristina Aranzubia Victor O.Alcami

9

Conybeare Morrison

International Pty Ltd

East Sydney

Darrel Conybeare

William Morrison

4

Hayball

Crows Nest NSW

Southbank Vic

Len Hayball, Richard Leonard, Robert Stent, Tom Jordan, Sarah Buckeridge, David Tweedie, Ann Lau, Luc Baldi

8

Integrated Design Group Architects

Bathurst

Sydney

Simon Thorne

Tony McBurney

6

James Mather Delaney Design Pty Ltd Landscape Architects

Redfern, NSW

Anton James

Ingrid Mather

James Delaney

3

Jane Irwin Landscape Architecture

Surry Hills, NSW

Jane Irwin

5

MBM Pty Ltd

n/a

n/a

n/a

Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd

Newtown, NSW

 

Bob Earl

Don Hoover

1

RPS Australia East Pty Ltd. A member of the RPS Group Plc

 Sydney

John Campbell Tompson, Mark Peter Stopford, Peter Richard James, Matthew Giles, Stuart Roberts

2

Wellspring Environmental Art and Design

Spence ACT

Phil Nizette,

Jennifer Jones

7

 

MBM Pty Ltd was excluded from evaluation as the submission was non-complying.

 

The EOI submissions were evaluated by the Tender Evaluation Committee and the four best submissions were short-listed to progress to stage 2 – Selected Tender.  These companies were:

·    Conybeare Morrison International Pty Ltd

·    James Mather Delaney Design Pty Ltd Landscape Architects

·    Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd

·    RPS Australia East Pty Ltd (RPS Group Plc)

 

Selected Tender

The selected tender (RFT 14/15-21 Provision of Design and Documentation of Special Places, Queen St St Marys by a Head Design Consultant) was sent to the four short-listed companies on 9 February 2015. The tender closed on 3 March 2015.

 

The evaluation criteria advertised and used in assessing the selected 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

 

Questions in the selected tender process were drafted to receive expanded responses to the Head Consultants and their teams experience as well as to further establish their methodology, community engagement processes and approach to working with artists.

The Evaluation Committee agreed on the weighted questions for the selected tender process. The four companies shortlisted provided their tender response as follows:

 

Company

Tendered Price (excl GST)

Conybeare Morrison International Pty Ltd

$234,420

James Mather Delaney Design Pty Ltd Landscape Architects

$202,460

Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd

$155,380

RPS Australia East Pty Ltd. A member of the RPS Group Plc

$161,220

 

Head Design Consultant Panel for Future Projects

As part of the SRV rollout of projects in the Penrith City Centre, a number of other creative-type projects have been identified that are suitable for the same type of Head Design Consultant.  These projects may include specific artistic design elements of the Penrith Civic Arts Precinct and the design of the linear plaza spaces in High Street and the Triangle Park at the western end of High Street.

The scope of the RFT for the Special Places project was expanded to be applicable for these potential projects in Penrith City Centre, thus providing efficiencies in the consultant engagement process. As a result of the tender process explained above, the same four short-listed companies will form a Head Design Consultant Panel.  This Panel will be used for the engagement of consultant teams for similar creative-type projects in the Penrith City Centre. The Panel is proposed to last for three years until March 2018. Quotations will be sought from the panel members for each project as it arises.

Tender Evaluation

The tender submissions were made via the Apet360 tendering portal and the Committee undertook the evaluation using the Apet360 system.  The tender responses required a greater level of detail regarding project methodologies, personnel and proposed engagement processes in addition to a lump sum fee proposal.

 

All submissions for the RFT were excellent and it was determined that none of the four tenderers should be excluded from the proposed consultant panel. The tender evaluation process resulted in the following provider ranking:

 

 

Company

Non price ranking

Price ranking

Final Ranking after tender evaluation

Conybeare Morrison International Pty Ltd

2

4

3

James Mather Delaney Design Pty Ltd Landscape Architects

4

3

4

Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd

1

1

1

RPS Australia East Pty Ltd. A member of the RPS Group Plc

3

2

2

 

Other Assessments

Following the determination of final scores by the Tender Evaluation Committee, key representatives from Oculus Landscape Architecture were formally interviewed by members of the Tender Evaluation Committee to further clarify methodology and personnel. At the conclusion of the interview, the Committee was unanimous that Oculus were the best choice for this project.

 

Referee checks were conducted on Oculus Landscape Architecture and their community engagement sub-consultant. All referees provided positive feedback.

 

After the full evaluation, interviews, referee checks and final comparisons, the tender from Oculus Landscape Architecture was considered by the Tender Evaluation Committee to provide the best outcome and value for Council.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd (Oculus). 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 Oculus to perform the works described. The works provided for in this tender will can be accommodated within the available allocation for the City Centres Renewal and Improvement Program.

 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Group Manager - Legal and Governance, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the provision of Design and Documentation for Special Places, Queen Street, St Marys.

 

The TAG made enquiries and requested further information from members of the Tender Evaluation Committee which have been incorporated into the final report. The TAG supports the process and the recommendations contained within the Report.

 

Summary

The Tender Evaluation Committee is of the opinion that Oculus Landscape Architecture has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $155,380.00 ex GST.

 

The Head Design Consultant Panel developed through the Queen St Special Places project will be an effective and efficient means to engage consultant teams over the next three years for potential creative-related public domain projects in the Penrith City Centre. Quotations will be sought from each of the panel members for each project as it arises.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St St Marys   be received

2.    Council award the contract for the Design and Documentation of Special Places, Queen St St Marys to Oculus Landscape Architecture.

3.    Council endorse the formation of a Head Design Consultant Panel for creative-related public domain projects in Penrith City Centre for a period of three years.  The panel is to consist of Conybeare Morrison International Pty Ltd, James Mather Delaney Design Pty Ltd Landscape Architects, Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd and RPS Australia East Pty Ltd.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

7        Successful Green Army Projects                                                                                    65

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

7

Successful Green Army 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 Federal Government through its ‘Green Army’ program is providing environmental and heritage conservation projects throughout Australia as well as training young (17 – 24), unemployed Australians with skills that may assist them in obtaining full time employment.

Penrith City Council was unsuccessful with an application in Round 1, however has been successful with two projects in Round 2. The project sites are located on the western side of the Nepean River, Emu Plains.

Background

The purpose of this report is to advise Council that two applications submitted as part of the Federal Governments “Green Army” Program have been successful.

 

The Australian Government has allocated $525 million for the Green Army program over four years from 1 July 2014. The program will provide a hands-on, practical environmental action program that supports local environment and heritage conservation projects across Australia.

 

The Green Army program provides opportunities for young Australians aged 17-24 years to gain training and experience in environmental and heritage conservation fields and explore careers in conservation management, while participating in projects that generate real benefits for the environment.

 

Green Army teams of 10 (up to nine participants and one team supervisor) will be deployed to projects lasting 20-26 weeks across Australia to help communities deliver local conservation outcomes. Projects will be guided by local community needs and contribute to Australia's national and international environmental priorities and obligations.

 

The Green Army program will support 250 projects in 2014-15, 500 projects in 2015-16, 750 projects in 2016-17, 1,150 in 2017-18 and 1,500 in 2018-19.

 

Council is a ‘Project Sponsor’ for projects within the Penrith LGA. Each Project Sponsor works with a Service Provider. As part of the grant implementation process, Council has been allocated Job Futures Ltd as its Service Provider. Job Futures Ltd has in turn subcontracted MTC Australia to provide the service onsite. This process includes the recruitment of staff, participants and resources.

 

These projects are not grants. The Project Sponsor (Council) provides access to the land for works to be supervised and undertaken by the Service Providers representative. MTC Australia will provide a supervisor and up to nine participants to undertake the identified scope of works. The Service Provider will undertake all training, work health and safety and supervise the onsite works.

 

Project Proposal

Two sites have been successfully allocated project resources along River Road, Leonay.

 

Project 1 is located on the western bank of the Nepean River from the M4 bridge to just south of the intersection of River Road and Buring Avenue, Leonay. This project is due to start in April 2015 and run for 26 weeks.

 

Project 2 is located on the western bank of the Nepean River from just south of Buring Avenue, Leonay to the end of River Road. This project is due to start in September 2015 and run for 26 weeks.

 

Works undertaken as part of the program for both projects will include weed control, erosion control and revegetation using local provenance plants. The sites will be monitored to ensure successful environmental outcomes.

 

Outcomes

The program will provide Council with an increase in areas of natural vegetation that will have their quality improved through the use of appropriate bush regeneration techniques. The program will also broadly support the intent of vegetation management outcomes identified in the ‘Our River’ masterplan.

 

The benefit to Green Army participants is that they will gain work skills and environmental training so that they can explore environmental conservation careers or other full time employment opportunities.

 

 

RECOMMENDATION

That:

1.   The information contained in the report on Successful Green Army Projects be received.

 

2.   A letter of thanks be sent to the Federal Minister for the Environment, the Hon. Greg Hunt MP for the allocation of 2 projects to Penrith City Council as part of the Green Army program.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

8        Funding Application: Arts NSW - Disability and Arts Partnership                                    69

 

9        Council successful in receiving ClubGRANTS funding for theatre lighting and audio-visual upgrades to the Joan Sutherland Performing Arts Centre (JSPAC)                               71

 

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

8

Funding Application: Arts NSW - Disability and Arts Partnership   

 

Compiled by:               Joe Ibbitson, Community Programs Coordinator

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Coordinate events and engage with a broad range of community partners, including other levels of government, to build community capacity

      

 

 

Executive Summary

This report provides information on a funding application to further support and extend participation by people with disability in the arts and cultural life of the City.

 

The application for $60,000 was submitted early in 2015 to the NSW Lifetime Care and Support Authority (LTCSA) and Arts NSW Arts and Disability Project initiative.  One of the target groups for participation in this project is individuals who have acquired a significant disability because of motor vehicle accidents.  The application builds on Council’s earlier No Boundaries inclusive multimedia arts project that in 2013 won a National Disability Award for Excellence in Improving Social Participation by people with disability in arts and culture.  This new initiative is titled No Boundaries Evolution.

 

Council’s Access Committee has been informed that the application was submitted.in early February 2015.

 

The report recommends that the information in the report on Funding Application: Arts NSW - Disability and Arts Partnership be received and that Council endorse the application for $60,000 to the joint NSW Lifetime Care and Support Authority (LTCSA) and the Arts NSW Arts and Disability funding program for the No Boundaries Evolution project.

Background

Council’s Penrith Inclusion Plan – People with Disability has as one of its objectives facilitating opportunities for people with disability to participate in arts and culture, both as artists and creators as well as through enjoying the arts with others in the broader community.

 

Through development of the No Boundaries inclusive multimedia arts project, Council enhanced its connection with artists of different abilities as well as residents with disability who expressed an interest in engagement in cultural initiatives.

 

A core group of approximately ten committed artists with disability, the Nepean No Boundaries Art Group, has been formed from over forty participants in the original No Boundaries project in 2012. 

 

With the support of Council, the Nepean No Boundaries Art Group has continued to explore different art mediums and create new work. Two exhibitions of artworks have been held in the Penrith Library in 2013 and at the Joan for International Day for People with Disability in 2014.

 

The funding application to implement the next stage of No Boundaries, the No Boundaries Evolution project, is summarised in the next section.

 

Arts NSW Disability and Arts Program – No Boundaries Evolution

 

The funding application for No Boundaries Evolution was submitted in early 2015 to the joint NSW Lifetime Care and Support Authority (LTCSA) and Arts NSW Arts and Disability Program.  The application is for $60,000.

 

No Boundaries Evolution will introduce a broader range of artforms to the existing members of the Nepean No Boundaries Art group who will work with established artists to create new and exciting artworks and performance.  Additional participants with mild intellectual and physical disabilities, drawn from clients of the NSW Brain Injury Association will also be involved and mentored by the existing No Boundaries Art Group.  It is expected that the work created will be showcased at pop-up events and exhibitions as well as International Day for People with Disability celebrations.

 

Summary

 

The funding application for the No Boundaries Evolution project to the joint NSW Lifetime Care and Support Authority (LTCSA) and Arts NSW Arts and Disability Program will further contribute to enhanced participation by people with disability in the arts and cultural life of the City. The application is for $60,000.

 

Council officers seek endorsement of the funding application submitted early in 2015 for the No Boundaries Evolution project.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Funding Application: Arts NSW - Disability and Arts Partnership be received.

2.    Council endorse the application for $60,000 to the joint NSW Lifetime Care and Support Authority (LTCSA) and the Arts NSW Arts and Disability funding program for the No Boundaries Evolution project.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2015

 

 

 

9

Council successful in receiving ClubGRANTS funding for theatre lighting and audio-visual upgrades to the Joan Sutherland Performing Arts Centre (JSPAC)   

 

Compiled by:               Hans Meijer, City Works Manager

Authorised by:            David Burns, Executive Manager - City Assets  

 

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

This report identifies that Council Officers submitted a successful grant application to NSW Department of Trade and Investment, Regional Infrastructure and Services – Office of Liquor, Gaming and Racing for a sum of $500,000 for the purpose of upgrading theatre lighting and audio-visual at the Joan Sutherland Performing Arts Centre (JSPAC). Acceptance and subsequent expenditure of this grant , along with Council funding from the Building Asset Renewal Program, will realise:

 

·    The replacement and upgrade of theatre lighting and associated audio-visual equipment with energy efficient  components;

·    Upgrade and diversification of rigs in each of the three major venues;

·    Installation of data projection and screen in the Richard Bonynge Hall;

·    New monitors and updating/extension of data cabling;

·    Improved sound equipment.

 

Penrith City Council has received advice in March 2015 that it has been successful in an application for $500,000 in grant funding under the State Government’s 2014/15 ClubGRANTS Category 3 scheme. The funding is supplied by the Office of Liquor and Gaming to develop and enhance sport, recreational and cultural infrastructure.

 

The report recommends that Council accept the offer of the grant for $500,000  from the NSW Department  of Trade and Investment, Regional Infrastructure and Service – Office of Liquor, Gaming and Racing and that the funding agreement be signed; a further allocation of $100,000 be made from the 2015/16 Building Asset Renewal Program for this program;  a letter of thanks be sent to NSW Deputy Premier and Minister for Hospitality, Gaming and Racing, the Hon.Troy Grant MP; and a  letter of thanks be sent to the Hon. Stuart Ayres MP Member for Penrith for his support of the application.

Background

In 2011, an amendment to the Gaming Machine Tax Act 2001 created a new pool of funding for NSW infrastructure projects. The ClubGRANTS Category 3 Fund is intended to support the development and enhancement of large scale sport, health and community infrastructure projects across NSW. The fund received 0.4% of registered club gaming machine profits over $1m, which was estimated at $12m in 2014/15.

 

In August 2014 the ClubGrants Fund Committee was appointed to oversee the application and assessment process, to ensure appropriate performance measures are in place , and make recommendations to the Minister for Tourism, Major Events, Hospitality and Racing regarding projects to be funded.

 

The Committee consists of key stakeholder associations and government departments: ClubsNSW, the Office of Regional Development, Local Government NSW, the NSW Ministry of Health Sport and Recreation, and the office of Liquor, Gaming and Racing.

 

In September 2014 Council was invited to submit an Expression of Interest for  up to 3 projects (the maximum allowable under the guidelines) that met the grant criteria. It was noted that the total value of projects invited to proceed to Stage 2 and submit a full application was not to exceed $36 million and that a total funding pool of $12 million was available for all projects across the State.

 

In early October 2014 Council was advised that the Expression of Interest for the JSPAC was able to progress to a Stage 2 application for consideration. In  October 2014 Council submitted an application for $500,000 in funding under the State Government’s 2014/15 ClubGRANTS Category 3 scheme. Submissions were competitive for grants for eligible projects between $100,000 and $500,000 in line with the NSW Government’s commitment in 2021 (Goal 27) to enhance cultural, creative, sporting and recreation opportunities. The other two Expressions of Interests for a Shared Pathway at Werrington Lakes ($300K) and an All Abilities Playground at Regatta Park West ($500K) were not successful in being invited to participate in Stage 2.

 

Current Situation

 

On Monday 2 March 2015, the Hon. Stuart Ayres MP, announced that Penrith City Council had been successful in its application for the full grant amount requested, from ClubGRANTS Category 3, of $500,000 as a contribution to audio-visual and theatre lighting upgrade to the Joan.

 

A number of the elements of the project require that a tender process is followed and reports on the outcome of these tenders will be provided to Council throughout the course of the project.

 

Project Details

 

This project will include:

·    The replacement and upgrade of theatre lighting and associated audio-visual equipment with energy efficient  components

·    Upgrade and diversification of rigs in each of the three major venues

·    Installation of data projection and screen in the Richard Bonynge Hall

·    New monitors and updating/extension of data cabling

·    Improved sound equipment.

 

As part of the funding submission Council committed $100,000 of funding toward the total project, as well as further  works in kind including project management to maximise the project benefit. The $100,000 of Council funding is committed from within the 2015/16 Building Asset Renewal funding allocation.

 

Financial Services Manager’s Comment

 

Acceptance of the successful ClubGRANT Category 3 application of $500,000 commits Council to a contribution of $100,000. This funding can be provided through funds available in the 2015-16 Building Asset Renewal Program.

 

Conclusion

 

Should Council endorse the recommendation to accept the grant and enter into a funding agreement with NSW Department  of Trade and Investment, Regional Infrastructure and Service – Office of Liquor, Gaming and Racing, the implementation of the project will enable the venue to remain a major asset for the City and the wider region and attract additional users through enhanced access to contemporary technology in  the venue and offering improved flexibility for hirers.

 

The project to upgrade theatre lighting, associated audio visual equipment and other works as listed will enable greater creative expression for users of the facility and thereby supports new forms of expression as appropriate to the 21st century.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Council successful in receiving ClubGRANTS funding for theatre lighting and audio-visual upgrades to the Joan Sutherland Performing Arts Centre (JSPAC) be received

2.    Council enter into a funding agreement with NSW Government Department of Trade and Investment, Regional Infrastructure and Services for the sum of $500,000 for the purpose of upgrades to the Joan, including:

·    The replacement and upgrade of theatre lighting and associated audio-visual equipment with energy efficient components

·    Upgrade and diversification of rigs at the three major venues

·    Installation of data projection and screen in the Richard Bonynge Concert Hall

·    New monitors and updating/extension of cabling

·    Improved sound equipment

3.    The City Works Manager be authorised to sign the funding agreement for the grant funding of $500,000 (excl.GST)

4.    A letter of thanks be sent to the NSW Deputy Premier and Minister for Hospitality, Gaming and Racing, Troy Grant MP, for the allocation of $500,000 from NSW Government Department of Trade and Investment, Regional Infrastructure and Services –ClubGRANTS Fund Category 3.

5.    A letter of thanks be sent to the Hon. Stuart Ayres MP Member for Penrith for his support of the application

 

 

ATTACHMENTS/APPENDICES

1.  

Media Release of Successful Grant Application for the Joan

2 Pages

Appendix

  


Ordinary Meeting                                                                                                              23 March 2015

Appendix 1 - Media Release of Successful Grant Application for the Joan

 


 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

10      Permanent Closure of Kokoda Place                                                                              79

 

11      Tender RFT 14/15-19 : Conduct of Council's Elections and Provision of Election Services for 2016                                                                                                                                           81

 

12      2015 Australian Local Government Association (ALGA) National General Assembly of Local Government - Motions                                                                                                     86

 

13      2015 Local Government Remuneration Tribunal Review                                               92

 

14      2014-15 Borrowing Program                                                                                            95

 

15      Future Cities Program 2015                                                                                             97

 

16      Summary of Investments & Banking for the period 1 February to 28 February 2015 100

 

 

URGENT

 

17      Appointment of a Director to the Board of the Penrith Performing and Visual Arts Limited          111

 

 

 



Ordinary Meeting                                                                                                23 March 2015

 

 

 

10

Permanent Closure of Kokoda Place   

 

Compiled by:               Colin Cordrey, Property Co-ordinator

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

 Executive Summary

At Council’s Policy Review Committee meeting on Monday, 15 April 2013, Council resolved to submit an application to NSW Trade & Investment to permanently close Kokoda Place, St Marys.

 

The application was successful and the land has now been identified by a suitably endorsed plan of survey and is ready to be submitted Land and Property Information for registration.

 

It is now necessary for the Common Seal of Council to be placed on the Deposited Plan Administration Sheet for registration of the Deposited Plan.

Background

Kokoda Place, St Marys is currently an unused, unformed road which adjoins the St Marys Village Shopping Centre and Council’s adjacent Community & Operational Lands. This parcel of land has no utility as a public road.

 

On 15 April 2013 the Policy Review Committee resolved that this public road be closed.

 

Kokoda Place was originally part of Crana Street, St Marys but was partly closed as a public road by Council many years ago and sold in part to allow construction of the Village Shopping Centre and its car park. Part of this original public road was not wanted and left unused.

 

On 26 May 2014, Council resolved to permanently close Kokoda Place.  At a Policy Review Committee Meeting held on 10 November 2014, it was recommended that the road once closed be classified ‘Operational’ land and this recommendation was adopted at the 24 November 2014 Council Meeting.

 

Conclusion

 

This report seeks the Common Seal of Council to be placed on the Deposited Plan Administration Sheet for registration of the Deposited Plan over Kokoda Place.

 

 

 

 

 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Permanent Closure of Kokoda Place be received.

2.    The Common Seal of the Council of the City of Penrith be placed on all necessary documents to effect registration of the Deposited Plan and issue of title.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2015

 

 

 

11

Tender RFT 14/15-19 : Conduct of Council's Elections and Provision of Election Services for 2016   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior 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

The NSW Electoral Commission (NSWEC) advised the Council on 16 August 2011 that the Local Government Act 1993 was amended to return the responsibility for administering elections to Councils. As a result of this legislative amendment, the Council resolved to engage the services of the Australian Election Company to conduct the Council’s election for 2012.

 

At a Councillor Briefing held on 28 January 2015 Councillors were provided with a number of options to conduct the Council’s 2016 Elections, including: engage the NSW Electoral Commission; engage an external Contractor or the Council’s General Manager would administer the election. At the Briefing the Councillors indicated that staff should go to tender to achieve the best value for money service available to conduct the Council’s elections.

 

Subsequently Council’s staff prepared and advertised a tender for the provision of Electoral Services for Penrith City Council’s elections for 2016 which closed on 20 February 2015. If the Council wanted to engage the NSWEC to conduct their election in 2016 it had to resolve to do so by 9 March 2015. Based on the tender received from the Australian Election Company (which was consistent with the indicative quote that the Council’s staff had previously received), staff were of the view that there appeared no financial incentive to engage the NSWEC on the basis that their estimated cost was considerably dearer than what was anticipated to be received from the Australian Election Company.

 

Following the close of the tender the Council received a tender from the Australian Election Company (AEC) and Australia Post. The tender received from Australia Post was not considered as it was a non-conforming tender. Australia Post only offered Council services for mail distribution during the election process. This will be considered in the lead up to the election period.

 

Council Officers are of the view that the tender submitted by AEC should be accepted by the Council as it offers a value for money proposition (compared to the alternative option that was available to engage the NSWEC. It is estimated that the Council will achieve savings of approximately$128,000 in engaging the AEC. It is considered that an enhanced and more local focussed election can be provided by engaging AEC.

Background

The NSW State Government advised the Council on 16 August 2011 that the Local Government Act 1993 was amended to return the responsibility for administering elections to Councils. 

 

At a Councillor Briefing held on 28 January 2015 the Council was advised of the options that were available regarding the conduct of the local government election in 2016. Essentially, three options were available, to engage the NSW Electoral Commission; to engage the services of a commercial provider or for the General Manager to manage the election. At the Briefing the Councillors were advised that the NSWEC would not allow the Council to partially outsource some of the election tasks to the Council. It is disappointing that the NSWEC will not enter into an arrangement with the Council to conduct the election.

 

After the Councillor Briefing the Council agreed that a tender should be advertised for the provision of election services for the Council’s 2016 election.

 

Current Position

 

A tender for the provision of election services for the Council’s 2016 election was placed in the Penrith Western Weekender and the e-Tendering website on 30 January 2015 and in the Sydney Morning Herald on 3 February 2015. Tenders closed on Friday 10.00 am on 20 February 2015 and only one complying tender was received from RMK Investments Pty Ltd ATF Kidd Family Trust, trading as Australian Election Company (AEC). A tender was also received from Australia Post, but this was not a complying tender. Australia Post offered their services to distribute pamphlets in connection with the election.

 

Tender Evaluation Panel

 

The Tender Evaluation Panel consisted of Adam Beggs, Governance Officer, Andrew Moore, Financial Services Manager and Laura Schuil, Supply Officer – Contracts.

 

Tender Evaluation Criteria

The evaluation criteria advertised and used for the assessment of the tender is detailed below:

List of similar election projects

During 2012 the AEC managed and conducted the Ordinary elections for 10 Councils in NSW, including Penrith City Council. The AEC has advised that the management of these elections involved their Company securing Returning Officers, providing training, arranging and managing software to count approximately 700,000 ballot papers after they were scanned, securing and distributing furniture to all of the polling places etc.

In 2010 the AEC managed the Mackay Regional Council Bi-Election. This election involved sending postal voting materials to 70,000 enrolled electors.

List of current projects and industry references

The AEC is currently managing a number of elections; however these are mainly through either an internet based or postal voting system.

Personnel intended to be nominated for the project

The AEC have nominated a number of key personnel who will be providing organisational support to the Returning Officer, including the Principal of the AEC, Mr Richard Kidd, who is a former Area Manager for the Australian Electoral Commission and Duke Ellis who will provide technical guidance with computerised electoral systems and processes. The AEC have also nominated 3 other key staff who will be assisting in the management of the election.

 

 

Sub-consultants & sub-contractors intended to be nominated

The AEC has advised that a sub-contractor Electionz.com Limited will undertake the scanning of ballot papers. The AEC has advised that this sub-contractor was engaged to manage the scanning of ballot papers for the 2012 Council elections. AEC have confirmed that the company is available to assist with the conduct of the elections for 2016.

The AEC have also advised that they will secure career experienced Returning Officers, and they will try and secure the services of the Returning Officer who conducted the Council’s election in 2012.

WH & S Management System of the Company

The AEC has advised that the Company has had no WHS incidents within the last 5 years, and it has a WH & S Management Plan as part of its overall management system.

Quality Assurance

The AEC has advised that the Company has a Quality Management System as part of its overall management system.

Insurance policies

The AEC has responded adequately to the insurance coverage required and provided copies of their relevant policies.

List of resources and capabilities available to undertake an election

The AEC has advised that it developed a full inventory and suite of regulatory compliant election manuals, guides, forms and materials for use at the 2012 Council elections. The AEC has advised that the same process will be applied for the 2016 elections. The AEC has also advised that it has received certified Count Software from Deloitte to deliver the results of the election.

Demonstrated ability / qualifications to be able to proficiently execute the requirements as listed in the ‘Scope of Requirements section of the tender documents.

The AEC has advised that it successfully managed and conducted four totally outsourced elections of Councils for the 2012 local government election.

The AEC has also stated that the NSW Joint Standing Committee on Electoral Matters in its Report on the 2012 Elections formally acknowledged stakeholder satisfaction with respect to the performance of the Company. The AEC referred to a submission from Penrith City Council to the Committee that stated “Additionally some candidates have advised that they believed the Council election that was held in 2012 was better managed than the election that was held in 2008”.

Finally the AEC has advised that for the 2016 Elections, the AEC would seek to recruit / appoint the same Returning Officer that conducted the 2012 Penrith City Council Elections.

Project milestones

The AEC has advised that for the 2012 local government elections it prepared a detailed Returning Officer’s Manual that included a timetable for all of the procedures for the election. The AEC has advised that the Manual prepared in 2012 will be updated for the 2016 election.

The AEC has also advised of a range of major election project facets that will need to be undertaken for the election including establishing the Returning Officer’s Office, printing / distribution of election materials, close of nominations (10 August 2016) and conducting the ballot draw, sorting / scanning ballot papers that are obviously informal and marked above the line only and declaration of the Poll.

Demonstrated Skills and Competencies

The AEC has advised that the Company successfully managed four outsourced elections for NSW Councils in 2012. The AEC managed 10 Council’s elections in 2012 and provided stationery to 3 other Councils.

The AEC advised that prior to 2012 the Company had no previous experience in running a NSW Council Election and all of the forms had to be developed and printed for the election. Additionally, the AEC has advised that 2 M ballot papers had to be printed, 2,500 casual employees were engaged and the ballot papers were scanned professionally.

Tendered pricing schedules – cost effective provision of services

The AEC has tendered an amount of $692,587 (exclusive of GST) for the full outsourcing of the Council’s election on 10 September 2016. As in 2012, the AEC has advised the Council that it is prepared to enter into an arrangement with the Council to partially outsource some activities that are included within their tender; ie provide a Returning Officer’s Office, provide a photocopier and undertake advertising. If the Council’s staff are able to undertake all of the partially outsourced activities that the AEC has identified, then an amount of up to $122,919 could be “saved”. Under this option, the Council would still have to incur the expense for providing the Items, but it may be able to undertake / provide the service at a lower cost than the cost tendered by AEC.

It is difficult to predict with certainty what “savings” can be achieved by the Council taking on additional responsibilities with the carriage of the election, but an estimated $25,000 is envisaged.

Assessment of the tender received.

Prior to going to tender for the provision of the Council’s Election Services in 2016, the Council’s staff requested an estimate of the indicative costs to conduct the Council’s election from both the NSW Electoral Commission and the AEC. The Commission advised that their estimate cost was $826,242 (ex GST) and the AEC advised that their estimated cost would be $692,588 (ex GST).  Based on these costs, a saving of $133,654 can be achieved if we engage the AEC. Added onto this we have estimated that a “saving” of $25,000 can be achieved if we undertake some of the “outsourced” activities, taking the estimated savings to $158,654.

Council’s staff have estimated that an amount of $30,000 of staff time will be used to support administrative functions of the Returning Officer, making an estimated net saving of approximately $128,000 if the Council engages the AEC. In the event that the Council engaged the NSWEC to conduct the Council’s election, some staff time would still be required to assist with the conduct of the election.

The Principal of the AEC, Mr Kidd has advised that the plan is to scan only those ballot papers that are marked “below the line only” or marked both “above and below the line”. Mr Kidd has advised that this procedure should result in only a maximum of 20-25% which should speed up the process of obtaining a result for the election.

Financial Services Manager’s Comment

Council’s annual Operational Plan makes a provision for the cost of administering Local Government Elections every four years. It is projected that the Election Reserve will have sufficient funds to accommodate the recommended tender by AEC of $692,588

Tender Advisory Group (TAG) Comments

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to discuss the tender for the provision of election services for the Council for 2016.

The TAG are aware that there was only one tender received from AEC for the advertised tender. The TAG members are satisfied that the tender evaluation was conducted in an open and transparent manner, and in particular the tender was assessed against the selection criteria identified in the tender. The TAG supports the recommendation made by the Tender Evaluation Panel.

Conclusion

The next local government election is scheduled for September 2016. This report details the process that Council’s staff have undertaken leading up to a tender that was advertised for the conduct of the Council’s election. The report recommends that the Council accepts the tender from the Australian  RMK Investments Pty Ltd ATF Kidd Family Trust Trading As Australian Election Company (AEC) for the sum of $692,587.62 (ex GST) be accepted for the provision of an election service for Penrith City Council’s local government election in 2016, subject to any price adjustments agreed to between the Council and the AEC, as a result of services taken on by the Council that were outsourced by AEC

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender RFT 14/15-19 : Conduct of Council's Elections and Provision of Election Services for 2016 be received.

2.    The Elections of the Council are to be administered by the General Manager of the Council.

3.    The General Manager intends to engage the Australian Election Company to administer the election.

4.    The tender from RMK Investments Pty Ltd ATF Kidd Family Trust Trading As Australian Election Company (AEC) for the sum of $692,587.62 (ex GST) be accepted for the provision of an election service for Penrith City Council’s local government election in 2016, subject to any price adjustments agreed to between the Council and the AEC, as a result of services taken on by the Council that were outsourced by AEC

5.    Council write to the Office of Local Government advising of this decision and of the nominated Returning Officer and Substitute Returning Officer when this information is available.

6.    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                                                                                                23 March 2015

 

 

 

12

2015 Australian Local Government Association (ALGA) National General Assembly of Local Government - Motions   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Support the Councillors in meeting their statutory obligations and roles as community representatives

      

 

Executive Summary

The 2015 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held in Canberra from 14-17 June 2015.

 

Penrith City Council is entitled to have one voting delegate at each plenary session and it is open to Councils to send additional Councillors as observers to the Assembly.

 

As in previous years presentations will be given at the Assembly from key political leaders, and a number of other speakers. At this stage the program (attached) outlines a number of speakers including the Prime Minister, The Hon Tony Abbott MP (invited), Leader of the Opposition, the Hon Bill Shorten MP (invited), Leader of the Australian Greens, Senator Christine Milne (invited), President of Local Government NZ, Mayor Lawrence Yule, Deputy Prime Minister and Infrastructure and Regional Development, The Hon Warren Truss MP, and Prof Jean Palutikoff from the National Climate Change and Research Facilities.

 

Council nominated his Worship the Mayor, Councillor Ross Fowler OAM as it’s voting delegate for this year’s conference at the Policy Review Committee meeting on 9 March 2015 and Councillor Marcus Cornish as an observer.

 

Motions for the Assembly this year must fall under the theme “Closest to the Community Local Government in the Federation” and need to be submitted to the ALGA by no later than Friday 17 April 2015.

 

At the Policy Review Committee meeting held on 9 March 2015 two Motions were endorsed to be submitted to the Assembly, relating to pensioner rates and returning indexation and increase the level of Federal Government support to the Financial Assistance Grants.

 

Council’s staff have identified one more motion for endorsement tonight on the Roles and Responsibilities in Housing and Homelessness. Tonight is also the last opportunity for the Council to suggest and endorse further motions for development to be submitted to the Assembly.

Background

The 2015 National General Assembly of Local Government will be held in Canberra from 14–17 June 2015.

 

The National General Assembly, which is sponsored by the Australian Local Government Association (ALGA), will have as its theme, “Closest to the Community Local Government in the Federation”.

 

As in previous years presentations will be given at the Assembly from key political leaders, and a number of other speakers. At this stage the program (attached) outlines a number of speakers including Prime Minister, The Hon Tony Abbott MP (invited), Leader of the Opposition, the Hon Bill Shorten MP (invited), Leader of the Australian Greens, Senator Christine Milne (invited), President of Local Government NZ, Mayor Lawrence Yule, Deputy Prime Minister and Infrastructure and Regional Development, The Hon Warren Truss MP, and Prof Jean Palutikoff from the National Climate Change and Research Facilities. A full list of confirmed speakers will be provided to Councillors prior to the Conference.

 

Delegates

Council nominated his Worship the Mayor, Councillor Ross Fowler OAM as it’s voting delegate for this year’s Conference at the Policy Review Committee meeting on 9 March 2015 and Councillor Marcus Cornish as an observer.

 

Submitting Motions

To enhance the quality of outcomes from this year’s National General Assembly, and to ensure that motions are relevant to local government nationally, the ALGA Board is calling for motions under the theme of “Closest to the Community Local Government in the Federation”.

 

The theme for 2015 has been selected as the Federal government has invited interested parties to consider potential reform of the Federation and of taxation through the release of a White Paper on the matter. The National General Assembly in 2015 will be an opportunity for local government to take a serious look at what business local government is in, how we do it and where we fit in the Federation both now and in the future, particularly in relation to 5 issues papers that the Commonwealth has released to engage interested parties on the key issues that will be considered. The issues papers released were:

 

Issues Paper 1 - A Federation for Our Future

Issues Paper 2 - Roles and Responsibilities in Housing and Homelessness

Issues Paper 3 - Roles and Responsibilities in Health

Issues Paper 4 - Roles and Responsibilities in Education

Issues Paper 5 - COAG and Federal Financial Relations

 

To be eligible for inclusion in the National General Assembly Business Papers motions must:

 

1.   Be relevant to the work of local government nationally;

2.   Be consistent with the themes of the Assembly

3.   Complement or build on the policy objectives of your state and territory local government association;

4.   Propose a clear action and outcome, and

5.   Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.

 

The topics raised under this theme in the discussion paper relate to the White Paper Terms of Reference which pose a number of overarching questions which include:

 

1.   What are the practicalities of limiting policy and funding to core national interest matters, as typified by the matters in section 51 of the Constitution?

 

2.   How can overlap between Local, State and Commonwealth responsibilities or involvement in the delivery and funding of public programs be reduced or, if appropriate be eliminated?

 

3.   How can we achieve agreement between States and Commonwealth Governments about their distinct and mutually exclusive responsibilities and subsequent funding sources for associated programs?

 

4.   How can we achieve equity and sustainability in the funding of any programmes that are deemed to be the responsibility of more than one level of government.

 

These questions should be considered in consultation with the Issues Papers which have been released, to form the basis of any Council Motion.

 

Motions that are carried by the National General Assembly become Resolutions. These Resolutions are then considered by the ALGA Board when setting national local government policy and will also feed into the Australian Council of Local Government processes.

 

At the Policy Review Committee held on 9 March 2015 two Motions were endorsed to be submitted to the Assembly. The two motions relate to pensioner rates and returning indexation and increase the level of Federal Government support to the Financial Assistance Grants. In addition, the Council’s Community and Cultural Development Manager, Erich Weller is proposing that another Item be endorsed by the Council on the Roles and Responsibilities in Housing and Homelessness.

 

The Motions detailed below in the report tonight are provided for Council endorsement, this meeting is also the last opportunity for Councillors to suggest and endorse other motions for development prior to the submission deadline of Friday 17 April 2015 (Motions 1 and 2 were endorsed at the Policy Review Committee meeting on 9 March 2015).

 

 

Motion 1

 

Title:

Pensioner Rebates – Return and increase level of Federal Government support

 

Theme: 

Issues Paper 5 - COAG and Federal Financial Relations

 

Motion Description:

That ALGA call on the Federal Government to:

 

1.   Immediately recommence the National Partnership Agreement on Certain Concessions for Pensioners Concession Card and Seniors Card Holders and significantly increase the level of support it provides.

2.   Index annually the funding provided through the agreement in line with National Taxation revenues.

National Objective:

Recent and proposed changes to support programs by the Federal Government for older Australians have placed an increased stress on communities.  The removal of the National Partnership Agreement has undermined the support provided to this vulnerable sector of the community increasing their risk of Financial Hardship.

 

Summary of Key Arguments:

Since 1988 pensioners in NSW have received a mandatory subsidy of up to $250 on residential rates.

 

Currently Councils receive reimbursement of 55% of this subsidy from the State Government.  The Local Government Act (s581) only requires 50% of the rebate to be reimbursed from the State Government with the additional 5% formerly being funded as a result of the additional funding the State received through the National Partnership Agreement.

 

While the additional 5% reimbursement has been maintained by the NSW Government for 2014-15 that ongoing support is not guaranteed.  Therefore not only at a time when the Federal Government should be increasing support for older Australians the recent early cessation of the National Partnership Agreement on Certain Concessions for Pensioners Concession Card and Seniors Card Holders will ultimately, in the longer term, result in a further cost shifting from the Federal Government to Local Government, while at the same time Local Government’s share of national revenues continues to fall and indexation to the Financial Assistance Grant has been halted.

 

In Penrith’s context, the current subsidy provides $2.5m of support, with $1.2m of this funded directly by Penrith City Ratepayers.

 

 

Motion 2

 

 

Title:

Financial Assistance Grants – Return indexation and increase level of Federal Government support

 

Theme: 

Issues Paper 5 - COAG and Federal Financial Relations

 

Motion Description:

That ALGA call on the Federal Government to:

 

1.   Immediately recommence and backdate indexation to the Financial Assistance Grants paid to Local Government.

2.   Increase the allocation and tie the pool of funds to an agreed share of National Taxation revenues.

 

National Objective:

The proportion of national revenues directed to Local Government through the Financial Assistance Grant has continued to fall and is now significantly below the original levels.  This ongoing and systemic cost shifting has progressively increased the burden on Local Communities when it comes to basic service provision in a context of growing national revenues.

 

Summary of Key Arguments:

The decision by the Federal Government to pause indexation for 3 years will cut nearly $1b of funding to Local Government by 2017-18.

 

The Financial Assistance Grant is untied revenue for Council and supports a range of essential services for Local Communities from Roads Maintenance, Library services, Community Services, Pools, Neighbourhood facilities and halls and Community safety initiatives.

 

Local Communities, particularly those challenged to accommodate growth, continue to struggle with the growing demands of our communities for enhanced services.  Often these demands are the direct result of reductions in services and service levels by the State and Federal Governments.

 

Despite these responsibility shifts the proportion of National Taxation revenues redistributed through Financial Assistance Grants has continued to fall and the recent decision to pause indexation will not only remove nearly $1b of support to local communities but also forever erode the already diminishing base.

 

 

Motion 3

 

Title:   National Partnership Agreement on Homelessness (NPAH).

 

Theme:
Roles and Responsibilities in Housing and Homelessness

 

Motion Description:

That the Federal Government extend the National Partnership Agreement on Homelessness (NPAH) for a further two years. This Federal and State/Territory government agreement provides funding for the homelessness service system. The NPAH is set to expire on 30 June 2015, with no indication that this agreement will continue.

 

National Objective:

The Specialist Homelessness Services system is funded by the Federal and State Governments as a policy response to address homelessness. The National Partnership Agreement on Homelessness (NPAH) funds around 180 programs and services for people who are experiencing, or at risk of homelessness. These programs assist 80,000 people each year and employ more than 3,000 staff. The continuity of homelessness services is critical to support people to exit homelessness and remain out the homelessness service system. We call upon the Federal Government to renew the NPAH funding for a minimum of two years and announce this outcome in a timely way to minimise negative impact upon the community and service system.

 

Summary of Key Arguments:

Specialist Homelessness Services (SHS) are non-government services with expertise in supporting homeless people. These services work at the frontline of homelessness by offering accommodation and other support services. SHS are funded jointly by the Federal and State Governments primarily through the National Partnership Agreement on Homelessness (NPAH). Annual funding severely impacts on services' ability to operate efficiently and to forward plan. Due to the uncertain future of the NPAH, community organisations are reducing the scope of their services and losing specialist staff to other industries.

80,000 clients are supported each year to rebuild their lives by programs funded under the NPAH. Without these programs many of these clients will be unable to be assisted and will remain homeless or at major risk of homelessness.

In 2013-14, 423 requests for assistance from homelessness services were unable to be met each day. Without NPAH services, this number will dramatically increase. Should the NPAH be discontinued, demand on emergency support and other programs will dramatically increase and this demand will unable to be met. Increasingly local government is having to allocate resources to manage the consequences of homelessness in their communities.

The Federal Government must allocate adequate funding to support the States in resourcing the non-government sector to provide accommodation services.

Conclusion

Should Councillors put forward any motions to tonight’s meeting, Council Officers will prepare the motion and submit it to the ALGA by the submission deadline of 17 April 2015.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2015 Australian Local Government Association (ALGA) National General Assembly of Local Government - Motions be received.

2.    The motions as outlined in this report be endorsed and submitted to the 2015 Australian Local Government Association (ALGA) National General Assembly of Local Government - Motions.

 

 

ATTACHMENTS/APPENDICES

1.  

Conference Program

16 Pages

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2015

 

 

 

13

2015 Local Government Remuneration Tribunal Review   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior 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

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

 

In 2014 the Tribunal did not undertake a review of categories and as such Penrith City Council remained categorised as a “Metropolitan Major” Council along with Blacktown City Council. It is interesting to note that the determination for the remuneration of those Councillors that fall within the next highest Category of “Major City” (and there are three Councils that fall within this Category, being Newcastle City Council, Parramatta City Council and Wollongong City Council) are the same as the two Councils that are in the Category “Metropolitan Major”.

 

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

 

The Tribunal wrote to the Mayor, Clr Ross Fowler OAM on 4 March 2015 advising that the review for the 2015 annual determination has now commenced. Additionally, the Tribunal advised that it will undertake a review of the categories as part of the 2015 review. Having regard to the State Government’s “Fit for the Future Program” that was launched in September 2014, the Tribunal is welcoming any submissions as to how “Fit for the Future” Councils should be recognised in any future or alternative categorisation model.

 

The Tribunal has advised that submissions should be received no later than 23 March 2015. To ensure that the Councillors have an opportunity to read this Report, contact was made with the Tribunal requesting an extension to 27 March 2015 to submit our submission, which was granted. It is recommended that the Council make a submission to the Tribunal based on the detail contained within this Report.

 

Background

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

 

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

 

In 2012, the Tribunal undertook a review of categories and found that there was no strong case to significantly alter the current categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was and remains “Metropolitan Major” which indicates “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”. Council has maintained this category since 2009.

 

Current 2015 Review and Submission

Recently the Tribunal wrote to all Mayors advising of the commencement of the 2015 annual review of the minimum and maximum fee levels for each category. The Tribunal noted that it is aware of a number of initiatives which are currently underway in regards to improving the strength and effectiveness of local government in NSW, in particular the “Fit for the Future Program”. Councils have been asked to assess their current position and submit a “Fit for the Future” proposal by 30 June 2015.

 

The Tribunal acknowledged that any review, decisions of implementation of any of the proposed reforms relating to Fit for the Future are unlikely to be finalised at the time the Tribunal makes its determination this year. However, the Tribunal has indicated it would welcome submissions on how “Fit for the Future” Councils should be recognised in any future or alternative categorisation model.

 

Fees

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc). This policy remains current today, and Council has successfully made submissions since 2011 that due to the significant regional role and responsibilities that Council holds that the full 2.5% should be applied.

 

Due to the public sector wages policy outlined above the Tribunal has not called for submissions in respect to the quantum of the increase in fees, however it is proposed that Council’s submission once again argues for the full 2.5% increase to fees payable to Mayors and Councillors should be agreed to having regard to the regional role Council plays, together with the increased responsibilities likely to impact on Councillors in terms of additional workload, skills and required capabilities as a result of the current reforms. Council has also maintained a position in the past that despite the public sector wages policy that Mayoral and Councillor fees should be benchmarked in like with that of a state Member of Parliament and it is proposed that this position be put forward in Council’s submission again.

 

Categorisation

In 2014 the Tribunal did not undertake a review of categories. The last review occurred in 2012 where Penrith City Council was categorised as a “Metropolitan Major” Council along with Blacktown City Council, a categorisation that remains today. It is interesting to note that the determination for the remuneration of those Councillors that fall within the next highest Category of “Major City” (and there are three Councils that fall within this Category, being Newcastle City Council, Parramatta City Council and Wollongong City Council) are the same as the two Councils that are in the Category “Metropolitan Major”.

 

While the category of “Major City” and “Metropolitan Major” are essentially the same in terms of remuneration, Council has consistently made a submission to the Tribunal that in view of Council’s identified regional planning and service delivery role as a Regional City, and the need to put in place policies and programs that transcend our traditional local government boundaries, that Council should be recognised as a “Major City” Council. It is proposed that this position be included again in Council’s submission concerning categorisation this year.

 

Fit for the Future

This year the Tribunal has indicated that it would welcome submissions on how “Fit for the Future Councils” should be recognised in any future or alternative categorisation models. While it is considered Council should maintain its support for the current system of categorisation (albeit making a request seeking a re-classification to “Major City” Category), there appears to be merit in recognising Councils that can effectively demonstrate to their community their ability to be “Fit for the Future”.

 

In this regard it is proposed that Council supports a model that provides a bonus or incentives for those Councils that successfully demonstrate to their community their ongoing sustainability through their “Fit for the Future” proposals and Improvement Plans. The proposed “bonus” or an “incentive” to a Council would be recognition of the sustainability of the Council through the achievement of the benchmarks identified by the Office of Local Government through the “Fit for the Future” Program.

 

Conclusion

In light of Council’s identified role as a Regional City and on-going work to ensure Council is “Fit for the Future” and having regard to the increased responsibilities, workload and skills required by Councillors, it is considered appropriate for Council to make a submission to the Tribunal based on the detailed contained within this report. A further report will be presented to a future Council meeting once a determination has been made by the Tribunal.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2015 Local Government Remuneration Tribunal Review be received.

2.    Council staff make a submission to the Local Government Remuneration Tribunal by 27 March 2015, based on the detail contained within this Report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2015

 

 

 

14

2014-15 Borrowing Program   

 

Compiled by:               Pauline Johnston, Revenue Accountant

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

The 2014-15 borrowing program includes annual borrowings of $3,200,000 to fund new infrastructure and $913,000 which represents the general revenue contribution to the Asset Renewal Established Areas Strategy (AREAS).   

The program will also include a loan for $850,000, reported to the Ordinary Meeting of  Council on 29 September 2014, to fund the purchase of a property in St Marys. The loan will be funded by Council’s Property Development function.

A number of existing loans that are due for renewal in June 2015 are proposed to be renegotiated as part of the 2014-15 program.

The loans will be drawn down prior to 30 June 2015 to take advantage of record low interest rates currently available.

Background

The 2014-15 borrowing program includes new borrowings of $4.963m to fund new infrastructure, the general revenue contribution to AREAS and a property purchase (funded by Property Development).

The proposed borrowings also include refinancing the remaining principal of the 2009-10 program loans that were fixed for only part of their terms to take advantage of the potential opportunity to renew them at a lower interest rate.  Interest rates have been falling gradually since 2008 and are currently at record low levels so the renewal loans will be renegotiated at savings anticipated to be in excess of 3%.

A loan for $5.7m to accelerate the CBD Drainage Program has also been included in the current year borrowings.  This loan has already been drawn down as it was intended to be part of the 2013-14 program but, as reported to Council on 24 March 2014, was dependent on the outcome of Council’s application for a subsidy under round three of the LIRS.  The announcement that Council’s bid had been successful was not released until after 30 June when the other loans in the 2013-14 borrowing program had already been finalised. Approval to borrow was provided by Council at the Ordinary Meeting held 27 October 2014 and the best rate offered for the $5.7m loan was 3.65% by the Commonwealth Bank for the initial 3 years of the loan, with the funds being drawn down in November 2014.

Approval is sought from Council to borrow a total of $9,687,000 consisting of:

New money - $4,963,000

•        $4,113,000 for a 10 year term

•        $850,000 for a 10 year term

Renewal loans - $4,724,000

•        $2,305,500 for the remaining 5 years of the original 10 year term

•        $2,418,500 for the remaining 10 years of the original 15 year term

The loans will be drawn down prior to 30 June 2015 to take advantage of record low interest rates currently available.

Loan Application Process

A number of banks, financial institutions and NSW Treasury Corp will be contacted and asked to submit preliminary quotations for this year’s borrowing allocation. The responses will be reviewed and fixed quotations obtained. The lenders traditionally quote a firm interest rate for 24 hours. Council needs to accept the most favourable quote within this time frame. This process does not allow sufficient time for these rates to be referred to Council for decision. Council has in the past approved the borrowings and provided delegation to the General Manager to negotiate and accept the final terms of the borrowings.

Details of the quotations received, the evaluation undertaken and the final rates and terms accepted are then reported to Council once the contracts are finalised. This report recommends following the same process for this year’s program

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2014-15 Borrowing Program be received

2.    Council borrow the $9,687,000.

3.    The General Manager be given delegated authority to negotiate the loans in accordance with this resolution.

4.    The Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings.

5.    The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2015

 

 

 

15

Future Cities Program 2015   

 

Compiled by:               Wayne Mitchell, Acting Assistant General Manager

Authorised by:            Wayne Mitchell, Acting Assistant General Manager  

 

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 about the potential for our involvement in 2015 Future Cities Program run by Sydney University which includes both a Mayors’ Forum and a study exchange to the United States. The report recommends that the Mayor and General Manager or their delegates represent Council on the 2015 Future Cities program.

 

Background

The US Studies Centre within the Sydney University has, over several years now, run a Future Cities Program. 

 

The Future Cities Program has focused on providing a forum where likeminded city leaders and senior staff can meet with leading international urban design and planning experts to devise innovative approaches to building the best and brightest future for NSW cities. 

 

Whilst continuing its past focus on capacity building and strategic urban planning, in 2015 the Future Cities Program will also include an indepth focus on local infrastructure delivery approaches (financing and governance models) that can be employed at the local government level to deliver infrastructure required in the revitalisation of city centres

The Future Cities Program consists of four stages

Project Selection and Development

Once each prospective city’s project is formally submitted, they are reviewed, and those selected to participate in the program are notified and assisted in preparing their project for the Mayor’s Forum.

CBD housing will be a sizeable contributor to the CBD's economy and also assist in providing housing of the 21st century and balance the detached housing format which now dominates the Penrith housing market. It is proposed that our project involve analysis of the opportunities to establish a network or "chain" of high density CBD living opportunities, supported by movement and access (walking, cycling and shuttle buses). The project will provide the opportunity to combine planning, housing, jobs and transport in a tight Penrith CBD spatial sense.

Mayors’ Forum (8-9 April 2015)  

This strategic workshop is led by experts in urban design and sustainable development from Australia and the United States. The focus of the workshop is on developing and connecting strategic thinking to planning and urban design skills and approaches. It focuses on the precinct problem that each city brings to the program.

 

Study Exchange (22 June to 28 June 2015)

After the workshop, the delegates join a seven-day study tour of the United States of America, where participants will be exposed first hand to the initiatives they employ to tackle their sustainability and liveability issues. The exchange looks at mechanisms and levers used in the United States to deliver infrastructure, whilst also including elements of strategic urban planning and design in the American context.

All delegates are also required to attend a 1-day pre-departure workshop which will firstly introduce each city to the concepts, language, and context of local infrastructure financing models as they are used in the United States so that the learnings from the exchange can be more easily applied in the Australian context. 

Project Review and Evaluation

Following the Future Cities Program, all participants are encouraged and supported to translate their learnings from the Future Cities Program into strategic solutions for their city. Attendees will also be invited to join the Future Cities Collaborative, which fosters capacity building amongst elected leaders and senior staff, and encourages the ongoing improvements of the local communities.

 

Site visits for the 2015 Program, which will run from Sunday 22 June to Saturday 28 June include:

 

·    Los Angeles, CA – Transit infrastructure and transit oriented development at Los Angeles metro stations. Also light rail, mixed-density, and mixed-use community redevelopment

·    Phoenix, Arizona – Examination of mixed density, mixed use development utilising integrated water and energy systems. Also light rail, adaptable use stadia, and open space redevelopment

 

·    Dallas, Texas – Suburb revitalization, entertainment, transportation – rail and transit, public private financing city facilities

 

·    Chicago, Illinois – Central city renewal, re-industrialization, neighbourhood social and economic development programs, Business Improvement Districts, transit and rail

 

·    New York City, NY – Optional extension of tour, at participants’ own expense, will examine network of large and small-scale projects including creation of new city nodes as new suburbs financed by local value capture tools.

 

Financial Commitments

The financial commitments of the program are $1,900 per Council for the Mayors’ Forum, and an estimated $6,000AUD per person for the Study Exchange. This cost includes all domestic travel and transfers within the United States, accommodation, meals, and the cost of expert honorariums, guest speakers, and special seminars. International travel arrangements will need to be separately organised in accordance with Council policies.

The cost of participation in the program can be accommodated within the current operational budget by redirection of the necessary funds.

Conclusion

The Penrith Progression project confirmed that the city centre is at the heart of the city's economy. There is little chance for the broader economy to fully flourish until such time as the city centre thrives. While cities are sometimes competitive, the real opportunities to learn and define a city's future lie in the learnings from other successful cities. 

It is apparent that there is a strong correlation between what will be seen in the four US cities that the 2015 Future Cities Program will visit, and the themes of action identified in the Penrith Progression project. Also, the emphasis this year on infrastructure delivery is consistent with Penrith Progression's identification of infrastructure as a critical piece of the picture for the Penrith city centre.

Penrith has been invited to participate in the Future Cities Program in previous years. We have declined to do so because we were not at a mature phase of implementation for the city centre. We have observed however that some of the participants in previous years (Parramatta) have benefited greatly from involvement. Other cities like Newcastle and Liverpool will participate in this year's Program. 

Given that we are now in the implementation phase of Penrith Progression it is considered that we should participate this year.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Future Cities Program 2015 be received.

2.    The Mayor, General Manager or their delegates participate on behalf of Council in the 2015 Future Cities Program.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2015

 

 

 

16

Summary of Investments & Banking for the period 1 February to 28 February 2015   

 

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 February 2015 to 28 February 2015 and a reconciliation of invested funds at 28 February 2015.

 

The investment returns for the period are:

•        Council portfolio current yield                             3.33%

•        90 day Bank Bill Swap rate                                2.37%

•        Floating Rate Notes (return for the period)         3.74%

 

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 28 February 2015.

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2015 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2015 to 28 February 2015 be noted and accepted.

3.    The graphical investment analysis as at 28 February 2015 be noted.

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments & Banking

6 Pages

Appendix

  


Ordinary Meeting                                                                                                              23 March 2015

Appendix 1 - Summary of Investments & Banking

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

17      Appointment of a Director to the Board of the Penrith Performing and Visual Arts Limited          110

 

 

 



Ordinary Meeting - Urgent Report                                                                    23 March 2015

 

 

 

17

Appointment of a Director to the Board of the Penrith Performing and Visual Arts Limited   

 

Compiled by:               Harold Dulay, Policy & Council Support Officer

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

This report deals with an existing vacancy for a Director on the Board of the Penrith Performing and Visual Arts Limited (PPVA). The report recommends that the information be received and that Council endorse the appointment of Alison McLaren to the Board of the PPVA.

Background

The Penrith Performing and Visual Arts Limited is a controlled entity of the Council. The objectives and operation of the Penrith Performing and Visual Arts Limited are controlled by a Board of Directors in accordance with the Constitution of the Penrith Performing and Visual Arts Limited.

 

The Board of the Penrith Performing and Visual Arts Limited consists of 15 Directors. Clause 16.2 of the Constitution provides that the Council shall have the discretion as to whom it appoints to the Board of Directors.

 

The Constitution also provides that the Board shall comprise 4 Councillors, the General Manager of Council or his nominee and 10 other Directors, who shall not be Council Directors.

 

Current Situation

Barbara Magee as a Director on the PPVA Board has recently tendered her resignation to the Board of Directors in relation to her position on the Board. This has the effect of leaving one of the ten community Director positions vacant.

 

Given the resignation of Barbara Magee, a community Director position on the Board of Directors became vacant.

 

In normal circumstances the Board would wait until their next board meeting on 22 April 2015 to consider nominations. However, the urgency to appoint the new Director arises as the Chairman of the Board Peter Anderson considered it prudent for the new Director to be  appointed to the PPVA Board in time for the April Board Meeting as the Board is currently undertaking work on their Strategic Planning for the next triennium.

 

Subsequently, the Chairman circulated a proposal to all Board members seeking their agreement for a suitable board replacement. The Chairman has recommended to the Board that Ms Alison McLaren be appointed to the Board for the unexpired portion of the term (until 2017) of recently resigned Director Barbara Magee.

 

On 18 March 2015, Mr Anderson advised that he had received support for Ms Alison McLaren’s nomination to the Board of the PPVA from all Board members (except Councillor Jackie Greenow OAM who is currently on leave of absence). Accordingly, the Board recommends that the Council endorse the appointment of Ms Alison McLaren to the Board of Directors.

 

Ms Alison McLaren’s Curriculum Vitae (CV) has been provided to Councillors under separate cover. Ms McLaren is a resident of the Blue Mountains. From 2008 to 2012 Alison became the highly regarded President of the Western Sydney Regional Organisation of Councils (WSROC) and in 2013 received the University of Western Sydney’s Women of the West award.

 

Now working as a strategist for UrbanGrowth NSW, Alison remains an outstanding advocate for the people of Western Sydney across a range of important issues.

 

Accordingly, it is recommended that Ms Alison McLaren’s nomination for appointment to the Board of the Penrith Performing and Visual Arts Limited be endorsed by Council.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Appointment of a Director to the Board of the Penrith Performing and Visual Arts Limited be received.

2.    Council endorse the appointment of Alison McLaren to the Board of the Penrith Performing and Visual Arts Limited.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report  


Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

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