Council_Mark_POS_RGB

18 March 2016

 

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 21 March 2016 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 - 13 March 2016 to 25 March 2016 inclusive.

Councillor Mark Davies - 21 March 2016 to 11 April 2016 inclusive.

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 29 February 2016.

4.           DECLARATIONS OF INTEREST

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

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

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 10 February 2016.

Penrith Community Safety Partnership Meeting - 2 March 2016.

Local Traffic Committee Meeting - 7 March 2016.

Policy Review Committee Meeting - 14 March 2016.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 21 March 2016

 

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


Acting Assistant General Manager Vicki O’Kelly

General Manager
Alan Stoneham
Her Worship the Mayor Councillor Karen  McKeown


Acting Senior Governance Officer Adam Beggs






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 Ross Fowler OAM

North Ward

 

Clr John Thain

North Ward

 

Clr Greg Davies

East Ward

 

Clr Prue Car MP

ManagersEast Ward

 

 

Executive Managers


 


Council_Mark_POS_RGB2016 MEETING CALENDAR

January 2016 - December 2016

(Adopted by Council -  23 November 2015)

 

 

 

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

 

8

 

 

 

 

 

 

 

5

 

 

 

19

(7.00pm)

 

29@

21

18v

23#

27*

25

22@

26^ü

(7.00pm)

24

28#+

 

Policy Review Committee

7.00pm

 

15

14

11

9

20

11

8

 

10

14

12

 

 

 

 

 

 

 

 

 

 

 

 

 

 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 2015-2016 Annual Statements are presented

 

Meeting at which any comments on the 2015-2016 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 Acting Senior Governance Officer, Adam Beggs.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 29 FEBRUARY 2016 AT 7:34PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Karen McKeown 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

Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP, Marcus Cornish, Kevin Crameri OAM, Greg Davies (arrived at 7:39pm), Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 8 February 2016

27  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Prue Car MP that the minutes of the Ordinary Meeting of 8 February 2016 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

SUSPENSION OF STANDING ORDERS

28  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Maurice Girotto that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

 

Councillor Greg Davies arrived at the meeting, the time being 7:39pm.

 

Mr Wayne Gersbach

 

Item 3 – Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook


 

 

Mr Gersbach, consultant for the applicant, spoke in opposition to the recommendation, stating that the application is a proposal to intensify and modernise the existing business and that the nature of the business would remain the same as before.  Mr Gersbach further stated that the land size is large enough to accommodate the development and he then provided an overview of the project and its benefits.

 

RESUMPTION OF STANDING ORDERS

29  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that Standing Orders be resumed, the time being 7:50pm.

 

 

Mayoral Minutes

 

1        The Passing of Jim Levadetes

Councillor Jim Aitken OAM spoke in support of the Mayoral Minute.

Her Worship the Mayor, Karen McKeown then asked the Councillors, staff and gallery to stand for one minute’s silence to acknowledge the passing of Jim Levadetes.

30  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that the Mayoral Minute on The Passing of Jim Levadetes be received.

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 15 February 2016                                                                                                                    

31  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 February, 2016 be adopted.

 

 

Procedural Motion

32  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that:

Item 3 – Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook Applicant: Anton Pincevic C/- Macro Plan Dimasi;  Owner: ~Anton Pincevic;

Item 4 – Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon Applicant: Jenette Camera;  Owner: ~Jenette Camera; and

Item 5 - Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry Applicant: Alison Anderson & Justin Appleby;  Owner: ~Alison Anderson & Justin Appleby

 be considered before all other items of business on the agenda.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

3        Section 96(2) Application DA10/1209.03 for Modification to Approved Demolition of Existing Structures & Construction of Service Station with Convenience Store, Workshop & Take-Away Restaurant to also include a Drive-Thru Facility at Lot 3 DP 215949, (No. 1-21) Cranebrook Road, Cranebrook Applicant: Anton Pincevic C/- Macro Plan Dimasi;  Owner: ~Anton Pincevic                                                               

33  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that consideration of this matter be deferred to the Councillor Briefing of 7 March 2016 for further discussion on providing options for approval.

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 MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

4        Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon Applicant: Jenette Camera;  Owner: ~Jenette Camera                                                                                                                               

34  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Development Application DA15/0982 Eight Car Garage Lot 805 DP 1068323 (No.22-26) Belleview Avenue, Mount Vernon be received.

2.     The section 88B instrument applying to Lot 805 in DP 1068323 be varied by varying point (b) of the restriction fourthly referred to, allowing the garage to be located with a side setback of 11.55m.

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

4.     The application for an eight car garage be approved subject to the following conditions:

 

A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A019 – Occupation Certificate

A020 – Use of building

A046 - Obtain Construction Certificate before commencement of works

D001 – Erosion and Sediment Control

E001 - BCA compliance

H001 - Stamped plans and erection of site notice

H030 – Roof finishes

H041 - Hours of work

K016 – Stormwater

K026 - Stabilised access

L008 - Tree Preservation Order

L012 - Existing landscaping

P002 - Fees associated with Council land

Q01F - Notice of Commencement & Appointment of PCA2

Q05F - Occupation Certificate for Class10

 

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 MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 

 

 

 

 

 

 

 

5        Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry Applicant: Alison Anderson & Justin Appleby;  Owner: ~Alison Anderson & Justin Appleby                                   

35  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Development Application DA15/1342 Residential Single New Dwelling Lot 10 DP 1170548 (No.115) Kenmare Road, Londonderry be received.

2.    The positive covenant thirdly referred to in the section 88B instrument applying to Lot 10 in DP 1170548 be varied to permit the existing tree to be removed and replaced, and the dwelling be constructed with a rear setback of 3.628m.

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

4.    The application for a detached single storey dwelling be approved subject to the following conditions:

A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A019 – Occupation Certificate

A046 - Obtain Construction Certificate before commencement of works

B005 - Mud/Soil

D001 - Implement approved sediment& erosion control measures

D007 - Cut and fill of land requiring Validation Certificate –limited to footprint

D009 - Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

E001 - BCA compliance

F006 – water tank

H001 - Stamped plans and erection of site notice

H002 - All forms of construction

H009 - Cut / fill details (amended from adopted Council version)

H022 - Survey (as amended)

H030 – Roof finishes

H036 - Rainwater Tank

H037 - Safe supply of water from catchment areas

H038 - Connection of rainwater tank

H039 - Rainwater tank pumps

H041 - Hours of work

K501 Roads Authority clearance

K202 - Roads Act (Minor Roadworks)

K016 – Stormwater

K026 - Stabilised access

K041 – Infrastructure bond

K Special - EASEMENT on the site

L001 - General landscaping

L008 - Tree Preservation Order

P002 - Fees associated with Council land

Q01F - Notice of Commencement & Appointment of PCA2

Q05F - Occupation Certificate for Class10

Special Condition – “Prior to the issue of an Occupation Certificate, 1 Eucalyptus Fibrosa, 1 Eucalyptus Crebra and 1 Melaleuca Decora shall be planted and nurtured to grow to their full potential in an appropriate location within the covenant zone marked (C) on the Deposited Plan 1170548.”

 

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 MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 

 

Outcome 1 - We can work close to home

 

1        International Relations Program 2016

Councillor Kevin Crameri OAM left the meeting, the time being 8:19pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:23pm.                      

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

That:

1.    The information contained in the report on International Relations Program 2016 be received.

2.    Council endorse the attendance of the Mayor and Deputy Mayor in visiting China, Korea and Japan in April/May 2016.

 

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

37  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Michelle Tormey

That:

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

2.    The Minister for Early Childhood Education, The Hon Leslie Williams MP, be thanked for the funding of $46,486 to support children with disabilities in Council’s long day care services for 2016.

 

 

Outcome 4 - We have safe, vibrant places

 

6        Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve                                                                                                         

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

That:

1.    The information contained in the report on Tender Ref 15/16-12 Construction of Amenities and Associated Works at Cranebrook Reserve be received.

2.    The tender for the construction works for Cranebrook Reserve Amenities for and Associated Works for the amount of $263,201.00 (ex GST) from Arcs Building Group Pty Ltd be accepted.

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

 

7        Potential Upgrade of Three Reserves in Erskine Park                                                 

39  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Potential Upgrade of Three Reserves in Erskine Park be received.

2.     Decisions on funding works at Aquarius Reserve, Sennar Reserve and Warbler Reserve be delayed until such a time that Council can determine the extent of the funds realised through the Erskine Park Pilot Project.

 

 


 

 

Outcome 5 - We care about our environment

 

8        Naming of Wetland and Bushland Restoration Area in Cranebrook

Councillor John Thain left the meeting, the time being 8:46pm.

40  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Naming of Wetland and Bushland Restoration Area in Cranebrook be received.

2.     Council endorse an application to the Geographical Names Board for the community proposed name ‘Mountain View Reserve’ for the reserve bounded by Castlereagh Road, Nepean Street, Camelot Drive and Soling Crescent in Cranebrook.

 

9        Fire and Rescue NSW Fire Safety Report                                                                      

41  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Fire and Rescue NSW Fire Safety Report be received.

2.     Council continue to monitor properties as part of its Fire Safety Audit Program.

3.     Council Officers update Fire and Rescue NSW of its decision.

 

10      Participation in the One Tree Per Child Program

Councillor John Thain returned to the meeting, the time being 8:49pm.

42  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Michelle Tormey

That:

1.     The information contained in the report on Participation in the One Tree Per Child Program be received.

2.     Council’s participation in the One Tree Per Child program be endorsed.

 

 

 

Outcome 7 - We have confidence in our Council

 

11      Organisational Performance Report - December 2015                                                 

43  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Organisational Performance Report - December 2015 be received.

2.     The Organisational Performance Report - December 2015 as at 31 December 2015, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – December 2015 be adopted.

 

12      Audit Committee                                                                                                                

44  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch that the information contained in the report on Audit Committee be received.

 

15      Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016                                                                                                                                     

45  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 January 2016 to 31 January 2016 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2016 to 31 January 2016 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2016 be noted.

 

13      Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015                                           

46  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Michelle Tormey

That:

1.     The information contained in the report on Model Code of Conduct and Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015 be received.

2.     Council adopts the amended Model Code of Conduct as the Council’s Code of Conduct, and the Procedures for the Administration of the Code of Conduct incorporating the additional clause which reads:

        “If you buy or sell property or you are a Director of a company or Trust that buys or sells property and if you are aware of a relative or affiliate in the Penrith local government area that does the same, other than your or their own home you must notify the General Manager within a reasonable time after the transaction has been completed (Settlement)”.

3.     A report be presented to a future Councillor Briefing outlining the changes that have been included in the new Model Code of Conduct.

 


 

 

14      Nepean District Tennis Association                                                                               

47  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Nepean District Tennis Association be received.

2.    Council offer assistance to the Nepean District Tennis Association and

-     Council write off the outstanding amounts of the Nepean District Tennis Association to Council, up to the value of $16,000,

-     The current licence be amended to defer payment of the first year’s monthly licence fees, to be recovered equally over the final 4 years of the licence.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

Councillor Ben Goldfinch left the meeting, the time being 9:02pm.

 

RR 1           Investigation of Land Uses in Londonderry Area

Councillor Greg Davies requested a report investigating land uses in the Londonderry area, with a view to reviewing future allowable uses.

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:03pm.

 

RR 2           Exempt and Complying Development

Councillor Ross Fowler OAM requested a report to Council regarding Department of Planning guidelines for Exempt and Complying Development and providing clarification as to the intent of the proposal and the impact that it will have on development in the Local Government Area.

 

UB 1           Opera at Joan Sutherland Performing Arts Centre       

Councillor Jackie Greenow OAM requested that an amount of $1,000 be allocated from each Ward’s voted works (totalling $3,000) to the hire of the Joan Sutherland Performing Arts Centre to hold an Opera.

 

48  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

 

 

49  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that an amount of $1,000 be allocated from each Ward’s voted works (totalling $3,000) to the hire of the Joan Sutherland Performing Arts Centre to hold an Opera.

 


 

 

UB 2           St Marys RSL Sub Branch - Hire of screens for Dawn Service on ANZAC Day 2016          

Councillor Jackie Greenow OAM requested that an amount of $4,000 be allocated from East Ward voted works to St Marys RSL Sub Branch for the hire of two screens for the Dawn Service on ANZAC Day 2016.

50  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

 

51  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain that an amount of $4,000 be allocated from East Ward voted works to St Marys RSL Sub Branch for the hire of two screens for the Dawn Service on ANZAC Day 2016.

 

UB 3           Request for Leave of Absence   

Councillor Jackie Greenow OAM requested Leave of Absence from 13 March 2016 to 25 March 2016 inclusive.

52  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

 

53  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that Leave of Absence be granted to Councillor Jackie Greenow OAM from 13 March 2016 to 25 March 2016 inclusive.

 

Councillor Greg Davies left the meeting, the time being 9:08pm.

 

RR 3           Provision of Water to Properties in Northern Road, Llandilo

Councillor Kevin Crameri OAM requested a memo reply to all Councillors on the provision of water to properties on the North Road, Llandilo, with Council to write to the all Local and State Members requesting further representations to State and Federal Government be made in this regard.

 

RR 4           Milling of Trees to provide Hardwood

Councillor Kevin Crameri OAM requested a memo reply to all Councillors investigating the possibility of sending trees that have been removed to allow for development to be milled to provide hardwood instead of being chipped.

 

UB 4           Request for Leave of Absence   

Councillor Jim Aitken OAM requested Leave of Absence from 7 March 2016 to 19 March 2016 inclusive.

54  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

 

55  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that Councillor Jim Aitken OAM be granted Leave of Absence from 7 March 2016 to 19 March 2016 inclusive.

 

Councillor Greg Davies returned to the meeting, the time being 9:14pm.

 

RR 5           Parking in Batt Street, Penrith    

Councillor Marcus Cornish requested that the possibility of providing 3 hour parking in Batt Street, Penrith between Mulgoa Road and Robertson Place on both sides of the road be referred to the Local Traffic Committee for investigation.

 

RR 6           Pedestrian Traffic Lights - Mulgoa Road, Penrith outside the         Masters Centre      

Councillor Marcus Cornish requested a report to Council detailing why the pedestrian traffic lights on Mulgoa Road, Penrith outside the Masters Centre were upgraded for car entry to Masters without informing Councillors and the public.

 

RR 7           Resurfacing Program - Llandilo 

Councillor Marcus Cornish requested a memo reply to Councillors regarding the inclusion of Second and Third Avenues, Llandilo on the resheeting program for the next financial year.

 

RR 8           Flooding of Industrial Units at 29-33 Charles Street, St Marys       

Councillor Mark Davies requested a report to Council concerning the flooding of industrial units at 29-33 Charles Street, St Marys as there are safety concerns regarding electrical machinery and tools on the site.

 

 

Committee of the Whole

 

56  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:16pm.

 

Councillor Michelle Tormey left the meeting, the time being 9:16pm.

 

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Senior Staff Matter                                                                                                            

 

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.

 

3        Organisational Restructure                                                                                              

 

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 9:49pm and the General Manager reported that the Committee of the Whole met at 9:16pm on 29 February 2016, the following being present

 

Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP, Kevin Crameri OAM, Marcus Cornish, Greg Davies,  Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, 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 Michelle Tormey returned to the meeting, the time being 9:18pm.

 

 

4                 Mondo Project  

A verbal report on the Mondo Project was given by Design and Projects Manager, Michael Jackson.

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

CW4 That the information provided in the verbal report on the Mondo Project be received.

 

 

2        Senior Staff Matter                                                                                                            

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

CW2 That:

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

2.    The recommendation of the Senior Staff Recruitment Review Committee be endorsed.

 


 

 

3        Organisational Restructure                                                                                              

RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies

CW3 That:

1.    The information contained in the report on Organisational Restructure be received.

2.    The recommendation of the Senior Staff Recruitment Review Committee be endorsed.

 

 

ADOPTION OF Committee of the Whole

 

57 RESOLVED on the MOTION of Councillor  Ross Fowler OAM seconded Councillor Ben Goldfinch that the recommendations contained in the Committee of the Whole and shown as CW1, CW2,  CW3 and CW4 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:52pm.

 


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        Retirement of Executive Manager City Assets, David Burns                                            1

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

Mayoral Minute

Retirement of Executive Manager City Assets, David Burns

Strategy: Improve our public spaces and places

           

 

After more 40 years in a career in local and state government and the private sector, including 21 years at Penrith Council, Executive Manager City Assets David Burns has announced his retirement.

 

During David’s time at Council, and with dedicated support from his teams in the areas of asset management, asset renewal, public domain amenity, community halls, recreation, community safety and cemeteries, David has overseen many changes and initiatives.

 

David joined Penrith City Council as Works Construction and Maintenance Manager in 1995 from Camden Council. He was appointed Director – City Operations in 2001, Group Manager – City Presentation in 2009 and his current position in 2013. He has led a number of strategic, asset management and precinct projects that will be known to many in the community.

 

Some of those include the reconstruction of Memory Park, High Street and Woodriff Street and the reconstruction of Queen Street and Coachmans which have helped invigorate our main city centres.

 

Our fantastic recreation facilities that David oversaw include the construction of the new Howell Oval Pavilion and Southern end of Penrith Stadium; the Jamison Park, St Clair, Glenmore Park and Cranebrook skate parks and the recent upgrades of the Woodriff Gardens Tennis Courts. Our cultural landscape has been transformed with David’s work, eg St Marys Corner Hub.

 

He was instrumental in the introduction of the three bin domestic waste service, which has proved to be an environmental leading example in the industry, saving enormous amounts of waste going to landfill and keeping community waste charges low.

 

His commitment to the City is evident in the championing of introduction of Community Protection through Environmental Design (CPTED) to our development assessment processes and the emphasis now given to all aspects of Community Safety during his tenure.

 

Council’s day to day operations have also been in good hands with his initiatives such as the Road, Building and Parks Asset Renewal and Graffiti Minimisation Strategies, to name but a few.

 

At all times David has displayed the professionalism that has become his hallmark.  David’s breadth of technical engineering knowledge and application have contributed to delivery of significant projects and our Community Strategic Plan.

 

David’s personal qualities of integrity, commitment and honesty will be sorely missed.  I wish him, his wife Debbie and his family all the very best for a long and happy retirement.

 

 

 

Councillor Karen McKeown

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Retirement of Executive Manager City Assets, David Burns be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 10 February 2016                                                                                                                                              1

 

2        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 2 March 2016                                                                                                                7

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 7 March 2016                                                                                                                                  14

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 14 March 2016                                                                                                                                  24

 

 

 

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 10 February, 2016

 

 

 

PRESENT

Councillor Jackie Greenow OAM, Councillor Marcus Cornish, Farah Madon, Councillor Michelle Tormey, Denise Heath, Carole Grayson.

 

IN ATTENDANCE

 

Joe Ibbitson – Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Erich Weller – Community and Cultural Development Manager, Claire Galvin – Disability Inclusion Officer, Michael Jackson – Design and Projects Manager, Craig Squires – Acting Building Compliance Coordinator, Graham Howe – Building Projects Coordinator, Belinda Borg – Senior Environmental Planner, Rosemarie Canales – Architectural Supervisor, Gavin Cherry – Principal Planner.

 

GUESTS

 

Rod Desborough – CEO St Marys Leagues Club, Mark Peelin – WMK Architects, Marcus Cooper, Matthew Davis, Luke Sheehy, Fiona Morrison – Landscape Manager - Lend Lease.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 1 February 2016 to 28 February 2016 inclusive.

APOLOGIES

Apologies were accepted from Councillor Prue Car MP and Hans Meijer.

 

Councillor Jackie Greenow OAM welcomed Claire Galvin, the new Disability Inclusion Officer, to the Access Committee meeting.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

3        St Marys Leagues Club - Concept development proposal for the construction of a motel                                                                                                                                   

Gavin Cherry introduced the report and the representatives of St Marys Leagues Club to the meeting.

 

Mark Peelin, WMK Architects, gave a presentation on the proposal for the construction of a motel at the St Marys Leagues Club.

 

This concept development proposal is for a motel with 123 rooms including six accessible rooms plus the associated carpark with six accessible parking spaces.

 

The following information was provided regarding the St Marys Leagues Club proposal:

 

·    An access design assessment report was prepared by Design Confidence.

·    Urban design comments from Council on the previous development application were taken into account.

·    A new motel entry is planned for the ground floor adjacent to St Marys Leagues Club.

·    Accessible parking spaces will be adjacent to the entry.

·    The plans are conceptual at this stage.

·    Access will be by two dedicated lifts.

·    An accessible restroom is planned for the ground floor.

·    The door entrances are 920mm wide.

·    Level transitions are provided to showers.

·    A covered walkway links the proposed development to the existing club.

 

Issues discussed by the Access Committee included:

 

·    Further consideration be given to pedestrian access opportunities from Boronia Road to the club/hotel from the road, through the car park to the entry doors.

·    Sufficient provision of landscaped/grassed area be provided for the use of the hotel/motel occupants (in close proximity to the development).

·    Plans must confirm that a suitable covered accessible path of travel is provided from the hotel/motel to the club.

·    Concern was raised with the size of the accessible rooms and circulation constraints around the beds which would be further compromised when furniture is included – the accessible rooms should be larger than currently proposed.

·    The sixth accessible room (first floor – next to egress staircase) is to be relocated closer to the lift.

·    The floors should mix up the location of accessible rooms to enable views to both the northern and southern aspects, noting views to the north are over a loading dock area – it was considered this may be quieter than the car park in the front (south).

·    Changes to the WCs are to be done to mix up their orientation/design.

·    While the Australian Standards outlines some accessibility provisions, Penrith Council strives to exceed minimum standards and the proposal should demonstrate how an improved accessibility outcome can be provided.

·    Directional signage to be further investigated to manage car parking as site wide parking concerns were raised (areas of the existing car park are under-utilised).

·    The driveway aisle widths, circulation and operation of the boom gate will need to be explained (indicated on the plans) when the DA is progressed.

·    Concern was expressed regarding both lifts being located at one end of the floor.

 

Councillor Jackie Greenow OAM thanked the guests for the presentation.

 

Rod Desborough, Mark Peelin, Marcus Cooper, Matthew Davis and Luke Sheehy left the meeting at 5.45pm.

 

RECOMMENDED

That:

 

1.       The information contained in the report on St Marys Leagues Club - Concept development proposal for the construction of a motel be received.

2.       A further report be presented to the Access Committee on the Development Application for the St Marys Leagues Club motel so that the plans can be reviewed.

 

1       Proposed Landscape Embellishment Works within the Western Precinct and Central Precinct, St Marys ADI Site                                                                                               

Gavin Cherry introduced the report on the Proposed Landscape Embellishment Works within the Western Precinct and Central Precinct at Jordan Springs.

 

Fiona Morrison, Landscape Manager from Lend Lease, gave a presentation on the two sites – landscape works for a local park and riparian corridor within Village 6 of the Western Precinct and the concept design for Edge Park within the Central Precinct.

 

Issues discussed by the Committee included:

 

·    Passive surveillance

·    Pram ramp to footpath to the other side of 9th Avenue

·    Lighting

·    Off street parking

·    Width of paths.

 

Councillor Jackie Greenow OAM thanked Fiona Morrison for her presentation.

 

Fiona Morrison left the meeting at 6.27pm.

 

RECOMMENDED

That:

 

1.    The information contained in the report on Proposed Landscape Embellishment Works within the Western Precinct and Central Precinct, St Marys ADI Site be received.

2.    Any issues raised in response to the presentation be considered and addressed in the assessment of the current development application for Village 6, and addressed within future development applications pursued for Edge Park.

 

Gavin Cherry left the meeting at 6.30pm.

 

2        Development Applications referred to the Access Committee                                   

DA15/1535   Construction of Village 6 Park and Riparian Corridor works within Jordan Springs

 

RECOMMENDED

That the information contained in the report be received.

 

 

BUSINESS ARISING FROM PREVIOUS MINUTES

 

4         Penrith Station Upgrade

 

Councillor Jackie Greenow OAM referred to the presentation by Transport NSW at the previous meeting regarding Penrith Station upgrade.  She expressed disappointment that the issues discussed by the Access Committee were not included in the advertised upgrade.  At Council’s Ordinary meeting on 8 February 2016 it was requested that Council have further input to the upgrade.

3         Great Western Highway, St Marys – Proposed Seat in Memory of Mrs Ronda Hopkins

 

Councillor Jackie Greenow OAM advised that the dedication and opening of the Ronda Hopkins seat would be held on 3 March 2016 at 3.00pm on the south side of the Great Western Highway at St Marys.  Erich Weller advised that all Access Committee members past and present would receive an invitation.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 9 December 2015

The minutes of the Access Committee Meeting of 9 December 2015 were confirmed.

 

Outcome 4 - We have safe, vibrant places

 

3        Wayfinding Strategy and Implementation                                                                      

Michael Jackson introduced the Wayfinding Strategy and Implementation report and advised that an update would be given for Penrith City Centre and St Marys Town Centre.

 

Rosemarie Canales gave a presentation on the Wayfinding Strategy and Implementation Plan and explained the design guidelines prepared by Minale Tattersfield, Wayfinding Consultants.

 

Issues discussed by the Committee included:

 

·    Bolder lettering on signs

·    Braille to be at a consistent height, with 1,200 being a base minimum of other signs in Penrith

·    A tactile component or change of textures is required near the QR reader

·    Information being kept up to date

·    Width of the signs

·    Symbols for accessible toilets, ramps, steps, accessible parking

·    Lighting to be considered in sign placement

·    Audio was discussed but will not be possible unless via QR code and app.

·    The width of the footpath near the signs.

 

Joe Ibbitson advised that there is currently a project underway to convert Council’s Access Maps into an interactive map. There will be a link through to the QR code and it gives you access to the Access Map.

 

RECOMMENDED

That the information contained in the report on Wayfinding Strategy and Implementation be received.

 

Michael Jackson and Rosemarie Canales left the meeting at 7.02pm.

 

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

 

5        Penrith Disability Inclusion Action Plan 2016                                                                

Joe Ibbitson introduced the report on the Penrith Disability Inclusion Action Plan 2016.  The NSW Disability Inclusion Action Planning guidelines for Local Government were released on 9 November 2015 by the Minister for Disability Services at the Liveable Cities Forum.

 

A consultation strategy is being developed for preparation of the new Penrith Disability Inclusion Action Plan 2017-2021.  The four key themes for the new disability action plan are:

 

·    Developing positive community attitudes and behaviours

·    Creating liveable communities

·    Supporting access to meaningful employment

·    Improving access to services through better systems and processes.

 

The consultation for the new disability action plan will begin soon.  The proposed timeline is planned to fit in with Council’s strategic planning process.  Discussion was held around the possible timing of the Council election which will impact on the cycle of the strategic planning process.

 

The draft of the Disability Inclusion Action Plan should be finalised by the end of 2016 and presented to the Access Committee at the beginning of 2017.  Under the guidelines the Disability Action Plan is required to be in place by 1 July 2017.

 

Joe Ibbitson advised that the new disability inclusion action plan will be more streamlined than the 2009-2013 Inclusion Plan with a different format than previously and be more accessible.

 

Farah Madon requested a copy of the NSW Disability Inclusion Action Planning Guidelines and Erich Weller advised that they would be sent out to all Access Committee members.

 

RECOMMENDED

That the information contained in the report on Penrith Disability Inclusion Action Plan 2016 be received.

 

GENERAL BUSINESS

 

GB 1           Accessible Motor Vehicles

Graham Howe advised of Nissan and Toyota vehicles, factory fitted wheelchair accessible with seating for two, five and eight people.  The mobility vehicles are automated with lowering suspension and fold out ramps and may be more convenient and economical than having a vehicle retrofitted.  Graham Howe advised he had cards and photos if people were interested.

 

GB 2           Footpaths on Mulgoa Road

Carole Grayson advised that the new paths near the car yard on Mulgoa Road get very wet.  Graham Howe undertook to look into this issue.

 

Attention was also drawn to Masters in the same area being inaccessible on foot.  There is a driveway but no walkway.   

 

GB 3           Wayfinding Standard

Farah Madon advised that the Wayfinding Standard is available.

 

Erich Weller advised that on 7 December 2015 an email was sent out to Access Committee members with a link to the Draft Australian Wayfinding Standard AS1428.4.2.

 

GB 4           Accessible buses      

Denise Heath raised concerns regarding accessible buses and advised she has recommended to the complainant to contact the bus company directly.

 

Committee members cited instances of accessible buses advertised on a particular route not turning up and people being left stranded.

 

Erich Weller advised that at the Penrith Disability Resource Centre consultation in November a range of issues in relation to access to public transport buses were discussed.  It is expected that over time the NSW Government will increase the number of accessible buses until all buses in the system are accessible.

 

GB 5           Memo regarding Jordan Springs Community Resource Hub – Additional Amenities

Joe Ibbitson advised that a memo had been sent out to Access Committee members regarding additional information concerning the provision of proposed amenities at the Jordan Springs Community Resource Hub.  This matter was raised at the Access Committee meeting held on 9 December 2015.

 

GB 6           Thank you to Denise Heath

Councillor Jackie Greenow OAM thanked Denise Heath for sitting on the interview panel for the Disability Inclusion Officer position.

 

GB 7           John Farragher OAM

Councillor Jackie Greenow OAM advised that John Farragher was awarded a Medal of the Order of Australia (OAM) on the Australia Day 2016 Honours List.  It was suggested a letter be sent to John Farragher congratulating him on his award.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.30pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 February, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                21 March 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 2 March, 2016

 

 

 

PRESENT

Her Worship the Mayor Councillor Karen McKeown, Penrith City Council; Brett McFadden, Penrith Local Area Command; David Burns, Penrith City Council; Kevin Cotter, Education – Safety and Security; Olivia Kidon, Penrith City Council; Alice Fazio, Penrith Youth Interagency; Murray Halls, Penrith City Council; Kylie Druett, Nepean Blue Mountains Local Area Health District – Drug & Alcohol; Ian Bridges-Webb – Nepean Blue Mountains Local Area Health District – Needle and Syringe Program; Alison Pearson, Penrith City Council; Judy Cobb, Penrith City Council; Tracy Leahy, Penrith City Council.

 

 

APOLOGIES

Gai Hawthorn, Penrith CBD Cooperation; Kerrie Reeder, Penrith Chamber of Commerce; Gina Field, Penrith Chamber of Commerce, Gordon Henwood, Penrith Chamber of Commerce; Danielle Corliss, St Marys Local Area Command; Barry Vincent, St Marys Local Area Command; Katerina Tahija, Penrith City Council; Grant Healey, Penrith Local Area Command.

 

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 2 December 2015

The minutes of the Penrith Community Safety Partnership Meeting of 2 December 2015 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

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

Update on the Public Spaces CCTV Project – Federal Government Safer Streets Programme

 

Olivia Kidon recapped that funding was received in 2014 from the Federal Attorney General’s Department to install CCTV cameras along Queen Street in St Marys, and along High Street and Station Street in Penrith. The deadline for this project is June 2016. Olivia advised that the project has experienced some technical challenges. The installation of the cameras in the Penrith area has proved to be problematic and a Wi-Fi solution is currently being scoped and permission from Endeavour Energy is being sought to install the cameras on their infrastructure.

 

Penrith Police have allowed the installation of a Wi-Fi antenna on their High Street building, which will enable the cameras in High and Station Streets to operate on a Wi-Fi network.  Council is grateful to the Police for assisting with this.

 

David Burns advised that there has been some impact on business in Queen Street as a result of the streetscape upgrades. Construction delays are also likely to see the completion of the CCTV project in Queen Street pushed back to September 2016. Olivia advised that the funding body will be informed of this setback.

 

Council’s CCTV Code of Practice has also been recently amended to reflect changes including legislative changes, additional cameras being installed under the program and also to include the Police being able to view the new cameras in Queen Street, High Street and Station Street. The Code of Practice was presented to the Policy Review Committee Meeting on 15 February 2016 and will be placed on public exhibition shortly.

 

Olivia Kidon informed the meeting that Fiona Scott MP has advised of new funding available under round two of the Safer Streets Program and encouraged Council to apply. An application under this funding round for Stage 2 of the Public Spaces CCTV Project was submitted today. If successful, it will be utilised to provide more CCTV cameras along Queen Street, St Marys (to extend to the Great Western Highway), and to provide additional cameras along High and Station Streets up to the Woodriff Street/Union Lane area. The funding would also be used to install cameras along the Great Western Highway and Bringelly Road, Kingswood to cover the retail strip in this location.  It is hoped that the Wi-Fi device installed as part of round one of this project will be able to service the Kingswood and Penrith cameras.

 

Warner Youth Education Graffiti Education Awareness Program

 

Olivia Kidon advised that the Warner Youth Education Graffiti Awareness Program has commenced for this year.  This is the ninth year that the program has been delivered in the Penrith LGA and it is proving to be very successful.  34 schools are booked in for the program in February and March 2016.  A new component to the program has been introduced this year whereby schools are emailed some activities to be used before the program attends.  Partnership members are welcome to attend one of the sessions to sit in and view the program in operation.

 

Nepean Domestic Violence Network Family Fete and Movie Night

 

Tracy Leahy reported that Council provides support to the Nepean Domestic Violence Network including administration and assistance for their events. Last month the Network held a Family Fete and Movie Night at Regatta Park, Emu Plains with approximately 300 people in attendance. The event included many activities for children along with food stalls and the movie “Mars Need Mums”.  The message behind the event was “safe families” and this was conveyed positively throughout the night. Councillor Michelle Tormey provided a welcoming address at the event. The event was funded through a grant received under the 2015 GlubGRANTS funding round.

 

Translated Community Resources

 

Olivia Kidon informed the meeting that the Emergency Contact Numbers magnet and the Nepean Domestic Violence Help Card have been updated and translated into four community languages – Arabic, Persian, Hindi and Nepalese.  These are the languages of emerging communities throughout the Penrith LGA.  The updated resources will be printed for distribution shortly.

 

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

 

 

2        Progress report on delivery of the Action Plan under the Penrith Community Safety Plan 2013-2016                                                                                                                   

Olivia Kidon provided an overview of the action plan under the current Penrith Community Safety Plan 2013-2016.

 

The current plan was endorsed by the NSW Department of Attorney General and Justice in February 2014 and allows Council to apply for funding for strategies. No funding has been received under the plan as yet. David Burns advised that the plan is endorsed until March 2017.  David Burns has recommended that an extension to the end of 2017 be applied for to cover the period whilst Allison Kyriakakis and Olivia Kidon are on maternity leave.

 

The plan identified three priority areas for Penrith as follows:

 

·    Public Space Offences

·    Domestic and Family Violence

·    Malicious Damage

 

 

Priority Area 1:  Public Space Offences

 

CPTED Projects

 

These include fencing and laneway bollard installations, CPTED advice to internal Council departments, and delivery of the federally funded CCTV project on Queen Street, St Marys, High Street and Station Street in Penrith.

 

Community Safety Audits

 

These include an audit at Cranebrook in July 2015, as well as quarterly lighting audits.

 

‘Walk Wise’

 

This includes the development of a “Walk Wise” app in partnership with Western Sydney University, and the installation of solar lighting along a section of footpath at Jamison Park, Penrith.

 

Community Safety Information

 

Olivia Kidon informed the meeting that the Community Safety team attended five community safety information sessions at Jordan Springs from 2013 to 2015.  They also provided a number of presentations to seniors groups in the Penrith LGA.  Recently, a community safety information session was attended at Thornton Estate in September 2015, and there is likely to be more of these as this new area develops.

 

The Community Safety team also held community information stalls at Jordan Springs in May 2014 and attended the Jordan Springs Community Meeting in August 2015.

 

Community Safety information was also made available at the annual community events (i.e. NAIDOC event, Cranebrook Christmas Party).

 

Litter Management Strategy

 

Two grant funded projects were delivered in 2014:

 

·    Keep Australia Beautiful container recycling grant – resulting in 5 public space recycling bins being installed at Tench Reserve.

·    NSW Environmental Protection Authority (EPA) grant – resulting in vandal resistant waste bins being installed at Mark Leece Oval, St Clair and Ched Towns Reserve, Glenmore Park along with “Hey Tosser” signage at these sites.

 

The Litter Free Promise was also advertised on bus shelters, city billboards and the “Sustainability Times” in March 2015.

 

Cyber Crime and Online Solutions

 

Council supported the St Marys LAC “Parent & Community Forum” in April 2014.  Information was provided regarding cyber safety, road trauma, alcohol and violence in the community, graffiti etc.

 

Brett McFadden advised that schools are also providing a lot of support in relation to this area through their Youth Liaison Officers and School Liaison Police.

 

Youth Engagement

 

The Mondo Project 2013/2014 was successfully delivered to reduce fear of crime and enhance perceptions of safety in the Mondo area through community and youth engagement.

 

The Mondo area is currently under construction and Brett McFadden advised that the tone for the new precinct would need to be set early to ensure it is a space for everyone to use and enjoy once construction is completed.

 

Tracy Leahy advised that the Mondo youth engagement events were now taking place once a month due to the funding for this project having ceased. A grant had recently been received from Panthers to deliver youth programs regarding drugs and alcohol.

 

David Burns advised that an agreement between all the stakeholders of the Mondo site regarding the activation of this area would need to be finalised prior to the completion of the construction works. The construction works have a completion date of July 2016.

 

Alcohol Free Public Spaces

 

Olivia Kidon mentioned that the Alcohol Free Public Spaces would be up for review in 2017 as they were put in place for a period of 4 years in 2013.  Memory Park in Penrith was established as an Alcohol Prohibited Area in 2015.

 

Public Domain Lighting Policy

 

Olivia Kidon advised that the Public Domain Lighting Policy review was yet to be completed. The revised policy will provide for the increased use of outdoor spaces for night time physical activity.

 

Development Application Review – New Release Areas

 

Approximately 18 Development Applications (DAs) for newly proposed development in new release areas across the City have been reviewed in accordance with CPTED/Community Safety guidelines since 2013. The Police are also referred select DAs to provide conditions to be placed on developments in relation to CPTED guidelines.

 

Advocate for Public Space Safety

 

The Police provide regular communication and advice regarding local crime and safety issues. The Community Safety team provide the Police with feedback regarding hot spot locations that is received from residents and staff members.

 

 

Priority Area 2:  Domestic and Family Violence

 

White Ribbon Day

 

Olivia Kidon advised that there have been successful White Ribbon Day river walk events held in 2013, 2014 and 2015.  The events in 2014 and 2015 were at twilight and these have generated significant community participation.

 

Tracy Leahy said she had received a lot of positive feedback regarding the White Ribbon Day banner flags that Council installed along Mulgoa Road last year.

 

Culturally appropriate Domestic and Family Violence resources, including information in community languages

 

The Nepean Domestic Violence Network’s Domestic Violence Help Card along with Emergency Help Card has been updated and translated into four community languages (Arabic, Persian, Hindi and Nepalese).

 

Support and assist the Nepean Domestic Violence Network (NDVN)

 

Continued support and assistance is provided to the Nepean Domestic Violence Network.  Olivia Kidon advised that Council had been involved recently in assisting the Network to set up a Facebook page.

 

Olivia Kidon advised that Council reprinted the Network banner in 2015, and the information and referral guide was also in the process of being updated.

 

 

Priority Area 3:  Malicious Damage

 

Use of emerging technologies and CPTED Projects (e.g., sensor lighting, CCTV)

 

Olivia Kidon advised that there are no planned projects in relation to emerging technologies other than CCTV projects.  Council’s Parks section has assisted with some green screening projects to reduce graffiti and malicious damage at identified sites.

 

Citywide Graffiti Minimisation Strategy

 

The Warner Graffiti Education Awareness Program continues to be delivered across the Penrith LGA with 2016 marking its ninth year of delivery.

 

Reports to Council’s Graffiti Removal Hotline indicate that in 2013/14 there were 4,549 removal jobs completed.  In 2014/15 there were 2,796 removal jobs completed.  This is indicative of the progressive reduction in the amount of graffiti removed.

 

Park Watch

 

The ‘Park Watch’ program encourages people to report issues relating to malicious damage in parks and reserves.

 

‘Park Watch’ signage has been developed in conjunction with Council’s Communications department. There are plans to include references to reporting app’s on the signage.

 

Other items reported

 

Kylie Druett advised that in October 2015 a Family Trivia Evening was held in Cranebrook.  Over 100 people attended the event.  Twelve services were involved and information was distributed on issues including relationships, drugs and alcohol and sexual health.  The event was CAP grant funded.

 

Projects and strategies for 2016

 

Olivia Kidon provided the following projects and strategies to be the focus in 2016:

 

·    Finalise CCTV projects in St Marys and Penrith

·    Finalise Walk Wise app, signage and promotional campaign

·    Distribute the recently translated resources (emergency magnet and Domestic Violence Help Card)

·    Review the Public Domain Lighting Policy

·    White Ribbon Day event for 2016

 

David Burns added that we needed to continue to react to emerging issues as they occur.

 

Judy Cobb mentioned that the new Mondo space will present challenges that need to be appropriately managed and that perhaps this should be a focus of the group also.  David Burns agreed and said that a range of place management and community engagement programs needed to be developed for this site into the future, which is inclusive but not limited to the Mondo youth engagement work continually underway.

 

RECOMMENDED that the information contained in the report on Progress report on delivery of the Action Plan under the Penrith Community Safety Plan 2013-2016 be received.

 

 

 

Regular Items

 

A)      Penrith Local Area Command Crime Statistics

 

Brett McFadden advised that Penrith LAC were tracking well and exceeding benchmarks.  Proving to be a challenge at the moment was the theft from retail of packaged liquor.

 

Work was currently underway to address the issue with licensees of liquor chains via the Liquor Accord. Issues being addressed included risk management, the sale and display of alcohol, target hardening, re-directing licensees to their obligations under the Liquor Act and Work Health Safety implications for staff of the stores.

 

St Marys Local Area Command Crime Statistics

 

No-one from St Marys Local Area Command was present at the meeting.

 

 

GENERAL BUSINESS

 

GB 1           Community Safety Resources    

David Burns advised that Allison Kyriakakis had commenced maternity leave in February, and Olivia Kidon would commence maternity leave in May. Temporary replacements were being advertised and the applications for these positions close next week.

 

 

GB 2           Retirement - David Burns  

David Burns advised that after more than 40 years of work including more than 20 years at Penrith City Council, he would be retiring at the end of March. He said this would be his last Partnership meeting. He thanked everyone for their continued input and support and said this contributed to the Partnership being Council’s most successful and longstanding Partnership.

 

Councillor Karen McKeown wished David the best and thanked him for all of his work.  This was echoed by other members of the Partnership also.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 4.20pm.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 2 March, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                21 March 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 7 March, 2016

 

 

 

PRESENT

Her Worship the Mayor, Councillor Karen McKeown, Councillor Marcus Cornish, Mark Elliott – St Marys LAC, Matthew Shirvington – Penrith LAC, Steve Grady – Busways, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Co-ordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Caitlin Bailey – Trainee Engineer, Bernie Meier – Signs and Line Marking Officer.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 7 March 2016 to 19 March 2016 inclusive.

APOLOGIES

Councillor Tricia Hitchen, James Suprain – Roads and Maritime Services, Daniel Davidson – Senior Traffic Engineer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 February 2016

The minutes of the Local Traffic Committee Meeting of 1 February 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 

 Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Lethbridge Street, Penrith - Proposed 'No Parking' Restrictions                                

RECOMMENDED

That:

1.    The information contained in the report on Lethbridge Street, Penrith - Proposed 'No Parking' Restrictions be received.

2.    ‘No Parking’ restrictions be implemented across the entry and exit driveways of number 36 Woodriff Street (driveways on Lethbridge Street) for approximately 5.3m per driveway as shown in Appendix 1.

3.    The business that made representations to Council be advised of the outcome.

 

 


 

2        ANZAC Day Services and Marches - Sunday 17 April, and Monday 25 April, 2016  

RECOMMENDED

That:

1.    The information contained in the report on ANZAC Day Services and Marches - Sunday 17 April, and Monday 25 April, 2016  be received.

2.    The Traffic Management Plan for the Class 2 and Class 4 Special Events pursuant to Roads and Maritime Services “Guidelines for Traffic and Transport Management for Special Events” for the ANZAC Day Dawn Service and March on Sunday, 17 April, and Service and March on Monday 25 April, 2016 be endorsed, subject to the following conditions:

(a)  Approval be given for the temporary closure of the following roads for the duration of the events:-

 

Roads

Sunday 17 April

Monday 25 April

 

Closure time

Opening time

Closure time

Opening time

·   High Street, from Station St and Castlereagh St

·   Castlereagh Street, from Lethbridge to High St

·   Tindale St, from Woodriff St to Castlereagh St (alt access to RSL carpark via Lethbridge St)

·   Union Lane, from Station St to Woodriff St

·   Woodriff St entrance to Judges Place Car Park

·   Woodriff St, from High St to Lethbridge St

1.00pm

4.30pm

3.00am

7.00am

·   Masters Car park, access points closed

11.00am

3.45pm

3.00am

7.00am

·   For Marches only, High Street, from Castlereagh to Lawson Sts

2.45pm

3.45pm

3.45am

4.45am

 

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

 

(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 events.  A copy of the NSW Police approval must be submitted to Council prior to the events.

 

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

 

(e) 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 events.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the events.

 

(f) 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.

 

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

 

(h) The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the events, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the events, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

 

(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 events.  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 events 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 events (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 events and submit a copy of the notification to Council prior to the events.

 

 

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

 

(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 events.

 

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

 

3        Mazepa Avenue and Hilliger Road, South Penrith - Provision of Double Barrier Centre Line Marking                                                                                                          

RECOMMENDED

That:

1.    The information contained in the report on Mazepa Avenue and Hilliger Road, South Penrith - Provision of Double Barrier Centre Line Marking be received.

2.    Prior to the installation of the line marking, consultation be undertaken with residents opposite the proposed line marking at the intersection of Mazepa Avenue and Hilliger Road, South Penrith.

3.    Subject to no substantial objections, Double Barrier Centre Line Marking be installed at the intersection of Mazepa Avenue and Hilliger Road, South Penrith, as shown in Appendix 1.

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

 

4        Charles Street, St Marys - Provision of 'No Stopping' Zone at Driveways                 

RECOMMENDED

That:

1.    The information contained in the report on Charles Street, St Marys - Provision of 'No Stopping' Zone at Driveways be received.

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

3.    Subject to no substantial objections, a “No Stopping” zone be installed on Charles Street, St Marys, at the driveway to Programmed Timber Supplies and the adjoining driveway at 8 Charles Street, St Marys, as shown in Appendix 1.

4.    Programmed Timber Supplies be advised of Council’s resolution.

 


 

5        Union Road Car Park, Penrith - Proposed Adjustments to Signage and Line Marking                                                                                                                               

RECOMMENDED

That:

1.    The information contained in the report on Union Road Car Park, Penrith - Proposed Adjustments to Signage and Line Marking be received.

2.    Signage and Line Marking be installed in Union Car Park, Union Road, Penrith, as shown in Appendix 1.

3.    The business who reported the matter be advised of Council’s resolution.

4.    The Penrith CBD Corporation and Penrith Chamber of Commerce be advised of Council’s resolution.

 

6        Greendale Road, Wallacia - Proposed Centre and Edge Line Marking                      

RECOMMENDED

That:

1.    The information contained in the report on Greendale Road, Wallacia - Proposed Centre and Edge Line Marking be received.

2.    Separation line marking be installed for the length of Greendale Road, Wallacia, as shown in Appendices 1, 2 and 3.

3.    Edge line marking be provided for a length of 550m on Greendale Road, Wallacia, as shown in Appendices 1, 2 and 3.

 

7        Russell Street and Pullman Place, Emu Plains - Extension to "No Stopping" Zone and Give Way Treatment                                                                                                  

RECOMMENDED

That:

1.    The information contained in the report on Russell Street and Pullman Place, Emu Plains - Extension to "No Stopping" Zone and Give Way Treatment be received.

2.    The property/business owners at Penrith Skatel be consulted regarding this proposal including to give consideration to excursion buses dropping off and picking up in Pullman Place rather than Russell Street.

3.    Subject to no substantial objections being received, the existing “No Stopping” zone on the eastern side of Russell Street, 10m north of Pullman Place, Emu Plains, be extended to 20m.

4.    “Give Way” signage with associated holding line, and 10m of double barrier (BB) linemarking be implemented in Pullman Place at the intersection with Russell Street, Emu Plains.

5.    The resident who contacted Council about this matter be advised of Council’s resolution.

 

 


 

8        Jordan Springs, Village 2E - Endorsement of Signage and Line Marking Plan        

RECOMMENDED

That:

1.    The information contained in the report on Jordan Springs, Village 2E - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by Orion Consulting Engineers for Jordan Springs, Village 2E (Plan No. 15-16-CC30, Issue D, dated 23 February 2016) be endorsed for construction (as shown in Appendix 1).

3.    All associated signage and line marking be installed in accordance with Australian Standards.

4.    All costs associated with the installation of the signage and line marking be funded by the applicant.

5.    Orion Consulting Engineers be advised of Council’s resolution.

 

9        Glenmore Ridge, Access Road and Cycleway - Endorsement of Signage and Line Marking Plan                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Glenmore Ridge, Access Road and Cycleway - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by J. Wyndham Prince for Glenmore Ridge, Access Road and Cycleway (Plan No. 7680/CC12, Issue F, dated 10  February 2016) be endorsed for construction (as shown in Appendix 1).

3.    All associated signage and line marking be installed in accordance with Australian Standards.

4.    All costs associated with the installation of the signage and line marking be funded by the applicant.

5.    J. Wyndham Prince be advised of Council’s resolution.

 

10      Kingswood Road, Orchard Hills - Watts Profile Speed Humps - Submission of Detailed Design Plans                                                                                                       

RECOMMENDED

That:

1.    The information contained in the report on Kingswood Road, Orchard Hills - Watts Profile Speed Humps - Submission of Detailed Design Plans be received.

2.    Subject to no substantial objection, Watts profile speed humps be installed on both approaches to the crest on Kingswood Road, midblock between Frogmore Road and Castle Street, along with relevant signs and Linemarking, as shown in the detailed design plans, Appendices 1 to 4.

3.    The current “No Parking” zone in the indented parking bay on the crest on the school frontage be restored to being a “bus zone”, as was the original intent, as seen in Appendix 5.

4.    “No Stopping” zones be installed on either side of this “Bus Zone” for the full length of narrow carriageway outside the school as shown in Appendix 5.

5.    Sgt Mark Elliott and the Principal of Orchard Hills Public School be advised of Council’s resolution.

 

11      Government Road, Berkshire Park - Proposed Double Barrier Line Marking           

RECOMMENDED

That:

1.    The information contained in the report on Government Road, Berkshire Park - Proposed Double Barrier Line Marking be received.

2.    Approximately 100m of double barrier linemarking be installed on Government Road, at the bend adjacent to property number 109-121, as shown in Appendix 1.

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

4.     Parks and Gardens be requested to trim and prune trees along the western side of the road reserve in order to improve sight lines.

 

12      Radar Speed Message Trailer - March 2016 Locations                                                

RECOMMENDED

That:

1.    The information contained in the report on Radar Speed Message Trailer - March 2016 Locations be received.

2.    The locations of the Radar Speed Message Trailer for March and early April 2016 be noted.

3.     Include Government Road, Berkshire Park in future considerations for radar speed message trailer locations (following the installation of line marking, as per item 11 from the Local Traffic Committee Meeting of 7 March 2016).

 

13      Ninth Avenue and Third Avenue, Llandilo - Endorsement of Roundabout, Signage and Line Marking Plan                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Ninth Avenue and Third Avenue, Llandilo - Endorsement of Roundabout, Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by J Wyndham Prince Consulting Engineers for Jordan Springs, Village 6 (Plan No. 934310/CC219, Issue E, dated 29 February 2016) be endorsed for construction (as shown in Appendix 1).

 

3.    All associated signage and line marking be installed in accordance with Australian Standards.

4.    All costs associated with the installation of the roundabout, signage and line marking be funded by the applicant.

5.    J Wyndham Prince Consulting Engineers be advised of Council’s resolution.

 

14      Pyramid Street, Emu Plains - Proposed Changes to 'No Stopping' Zones                

RECOMMENDED

That:

1.    The information contained in the report on Pyramid Street, Emu Plains - Proposed Changes to 'No Stopping' Zones be received.

2.    The ‘No Stopping’ sign on the north bound approach to the pedestrian refuge be moved from 19 metres to a new position of 30 metres prior to the facility in order to improve visibility of oncoming traffic, as shown in Appendix 1. 

3.    The ‘No Stopping’ zone sign after the pedestrian refuge (north-west bound) be moved from 8.5 metres to 10 metres from the facility to comply with current standards, as shown in Appendix 1.

4.    The current ‘No Stopping’ zone on the north eastern side of the intersection of Pyramid Street and Lawson Street be extended around onto Lawson Street to improve visibility for pedestrians as shown in Appendix 1.

5.    The existing ‘No Stopping’ zone on the south eastern side of the intersection of Lawson Street and Pyramid Street be extended to cover the pedestrian access point near the intersection, finishing at the statutory 10 metres from the intersection on Pyramid Street, as shown on Appendix 1.

6.    The staff of Emu Village Out of School Hours Care be informed of the proposed changes.

7.     Consultation be undertaken with Centre Management at Centro Lennox Shopping Centre regarding the barrier fencing between the car park and Pyramid Street and request this be reinstated to deter customers from parking on Pyramid Street.

8.     The residents on the eastern side of Pyramid Street be advised of Council’s resolution.

9.     Traffic Engineers to monitor parking along Pyramid Street, between the Great Western Highway and Lawson Street.

 

15      Nepean Street at Forbes Street and Gwandalan Street, Emu Plains - Proposed 'Give Way' Treatments and Double Barrier Centre Line Marking                                          

RECOMMENDED

That:

1.    The information contained in the report on Nepean Street at Forbes Street and Gwandalan Street, Emu Plains - Proposed 'Give Way' Treatments and Double Barrier Centre Line Marking be received.

2.    ‘Give Way’ signage with associated line marking, and 10m of double barrier line marking be installed in Forbes Street and Gwandalan Street, at the intersection with Nepean Street, Emu Plains, as per Appendix 1.

3.    Councillor Marcus Cornish and the residents adjacent to the intersections be advised of Council’s resolution.

 

16      The Northern Road and Andromeda Drive, Cranebrook - Provision of Stop Signage and Project Update                                                                                                            

RECOMMENDED

That:

1.    The information contained in the report on The Northern Road and Andromeda Drive, Cranebrook - Provision of Stop Signage and Project Update be received.

2.    Council note that the approved ‘Stop’ signposting and associated line marking was installed by the RMS at this intersection on the weekend of 20 February, 2016.

 

GENERAL BUSINESS

 

GB 1           Queen Street, St Marys – Bus Zones            

Steve Grady from Busways advised the Committee that vehicles are parking at the new temporary bus stop outside the Major Oak Theatre Restaurant on Queen Street, St Marys.

RECOMMENDED

     That Council’s Rangers be advised of this issue and conduct reviews of this location to ensure parking zone restrictions are being adhered too.

 

GB 2           Sunflower Drive, Claremont Meadows – Bus Service Route          

Steve Grady from Busways advised the Committee that following the temporary closure of the intersection of Gipps Street and Sunflower Drive (north), Claremont Meadows bus services (particularly school buses) are now conducting a full loop of Sunflower Drive, onto Myrtle Road. Buses are not stopping on Gipps Street due to safety concerns.

RECOMMENDED

That the information be noted.

 

GB 3           Vincent Road and The Northern Road, Cranebrook – Intersection Safety Concerns 

Steve Grady from Busways advised the Committee that he has received a number of concerns from his bus drivers regarding vehicles illegally turning right out of Vincent Road, Cranebrook and on occasions, other drivers proceeding to conduct u-turns around the median island treatment on The Northern Road.

RECOMMENDED

That Council and the Roads and Maritime Services undertake a review of this intersection.

 

GB 4           Emmaus Catholic College, Kemps Creek – Road Safety        Concerns

Sergeant Mark Elliott of St Marys LAC advised the Committee that vehicles are parking illegally and blocking the road at Emmaus Catholic College, Kemps Creek. The Principal has contacted Sergeant Mark Elliott expressing her concerns about pedestrian safety as a result of these breaches of parking rules.

RECOMMENDED

That Council’s Traffic Engineers review the parking conditions at this location and Rangers be requested to conduct reviews of this location to ensure parking zone restrictions are behind adhered too.

 

GB 5           Smith Street and Old Bathurst Road, Emu Plains – Intersection Safety Concerns

Sergeant Matthew Shirvington of Penrith LAC advised the Committee that the intersection of Smith Street and Old Bathurst Road, Emu Plains is unsafe, particularly during peak periods. Sergeant Shirvington advised this is due to the heavy vehicle movements out of Smith Street onto Old Bathurst Road creating traffic congestion.

David Drozd advised the Committee that the accident history at this intersection has not been of concern however that congestion issues exist during peak times.

RECOMMENDED

That:

1.   Council conduct traffic counts at the Smith Street and Old Bathurst Road, Emu Plains intersection.

2.   Council prepare a report back to the Local Traffic Committee regarding this issue.

3.   The Hon. Stuart Ayres MP, Member for Penrith, be advised of Council’s resolution.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:27am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 March, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                                21 March 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 14 March, 2016

 

 

 

PRESENT

Her Worship the Mayor, Councillor Karen McKeown,  Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Bernard Bratusa, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch and Tricia Hitchen.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for the period 13 March 2016 to 25 March 2016 inclusive.

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 7 March 2016 to 19 March 2016 inclusive.

APOLOGIES

Apologies were received for Councillors Prue Car MP, John Thain and Michelle Tormey.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 15 February 2016

The minutes of the Policy Review Committee Meeting of 15 February 2016 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

4        Neighbourhood Renewal Program update on pilot project in Colyton

Place Manager, Jeni Pollard introduced the report and invited Neighbourhood Renewal Coordinator, Heather Chaffey to give the presentation.                                                                                    

RECOMMENDED

That:

1.    The information contained in the report on Neighbourhood Renewal Program update on pilot project in Colyton be received.

2.    Council endorse Penrith City Council as a Service Partner in the delivery those actions of the Colyton Community Action Plan 2016 included in Attachment 2.

3.    A further report be submitted to Council profiling the Youth and Future theme of the Colyton Community Action Plan 2016 in June 2016.

4.    A further report on the progress of implementation of the Colyton Community Action Plan and a schedule of areas be brought to Council for consideration following the release of the 2016 Census data.

5.    Council staff be congratulated for their work on the Neighbourhood Renewal Program.

Outcome 2 - We plan for our future growth

 

2        Sydney Science Park Planning Proposal - Outcomes of Public Exhibition               

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

RECOMMENDED

That:

1.    The information contained in the report on Sydney Science Park Planning Proposal - Outcomes of Public Exhibition be received.

2.    Council endorse the changes made to the Planning Proposal for the Sydney Science Park as shown in Attachment 2.

3.    The General Manager be delegated authority to make any necessary minor changes required to the Planning Proposal before submitting it to the Minister for Planning and Environment.

4.    Subject to 3 above, the Planning Proposal for the Sydney Science Park (provided to Councillors under separate cover and tabled tonight), be forwarded to the Minister for Planning and Environment after a Voluntary Planning Agreement (VPA) for the provision of local facilities and services commences public notification with a request that the Minister make the plan in accordance with the Environmental Planning and Assessment Act 1979.

5.    The General Manager be delegated authority to make any necessary minor changes required to “Chapter E16 – Sydney Science Park” of Development Control Plan 2014 as a result of VPA negotiations and any other changes identified in consideration of transport and traffic matters before the Planning Proposal is submitted to the Minister for Planning and Environment.

6.    Subject to 5 above, Council adopt the amendment to Development Control Plan 2014 to include Chapter E16 – Sydney Science Park (Appendix I to the Planning Proposal), so that it takes effect on the publication of the amendments to Penrith Local Environmental Plan 2010.

 

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 Ross Fowler OAM

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

                                                        

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 

 

Outcome 1 - We can work close to home

 

1        Implementation of the "Scores on Doors" Program under Council's existing Food Safety Program

Acting Development and Environmental Health Manager, Peter Wood introduced the report and invited Ben Lees, Manager Local Government Unit, NSW Food Authority to give a presentation.

RECOMMENDED

That:

1.    The information contained in the report on Implementation of the "Scores on Doors" Program under Council's existing Food Safety Program be received.

2.    Council support the implementation of the “Scores on Doors” Program under Council’s existing Food Safety Program.

 

 

Outcome 2 - We plan for our future growth

 

3        Proposed M12 Motorway - Council's Submission

RECOMMENDED

That:

1.    The information contained in the report on Proposed M12 Motorway - Council's Submission be received.

2.    Council endorse the principles and proposed recommendations contained in this report and any other additional issues identified by Councillors, as the basis for a submission to Roads and Maritime Services.

3.    Council’s submission be forwarded to Roads and Maritime Services and a copy be forwarded to all Councillors.

 

URGENT BUSINESS

 

UB 1           Request for Leave of Absence   

Councillor Mark Davies requested a Leave of Absence for the period 21 March 2016 to 11 April 2016, inclusive.

RECOMMENDED that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting.

 

RECOMMENDED that a Leave of Absence be granted to Councillor Mark Davies for the period 21 March 2016 to 11 April 2016, inclusive.

 

 

 

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Penrith Cricket Club - Civic Reception

Councillor Bernard Bratusa requested a memo reply to all Councillors providing information on the opportunity to acknowledge Penrith Cricket Club for winning the club championship this season by way of a civic reception.

 

RR 2           Rail Infrastructure - Badgerys Creek Airport        

Councillor Greg Davies requested a report to a Councillor Briefing on the current status of any proposed rail infrastructure supporting the Badgerys Creek Airport.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:43pm.

 

RR 3           Mamre Road, St Marys - Investigation of Stockpiled Material

Councillor Maurice Girotto requested a memo reply regarding the investigation of a large stockpile of unknown material located on the left hand side of Mamre Road (Bailey Park). The material is located near the northern boundary and appears to be glistening.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:44pm.

 

There being no further business the Chairperson declared the meeting closed the time being 8:45pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 March, 2016 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd

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

(Note: Please refer to the further supplementary report item 16 in the Business Paper. The supplementary report includes the same information provided in this report but also provides additional information for the Council’s consideration.)                                      1

 

2        Expansion of Complying Development Submission                                                        10

 

 

URGENT

 

16      Further report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park   Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd

          Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                77

 

 

Outcome 3 - We can get around the City

 

3        Western Sydney Infrastructure Program, Local Roads Package  Round 2, Acceptance of Funding                                                                                                                             17

 

Outcome 4 - We have safe, vibrant places

 

4        Queen St, Streetscape Improvement Project, Update                                                    25

 

5        Application to Stronger Communities Program                                                               30

 

 

Outcome 5 - We care about our environment

 

6        Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2015/16                                                                                                                                              35

 

Outcome 7 - We have confidence in our Council

 

7        Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area                                                                                   41

 

8        2015-16 Borrowing Program                                                                                            44

 

9        2016 National General Assembly of Local Government                                                 46

 

10      Council Property - Extinguishment of an Easement for Stormwater Drainage - 18-30 Vallance Street St Marys being Lot 66 DP 31909.                                                          49

 

11      Appointment of a new Property Development Advisory Panel member                         52

 

12      Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council                                                                                                                                           54

 

13      Tender Reference 15/16-13 Provision of a Performance Management System            58

 

14      Transport for NSW - Penrith Station upgrade - Licence of Council Land                       64

 

15      Summary of Investments & Banking for the period 1 February 2016 to 29 February 2016                                                                                                                                           67

 

 

 

 

 

 

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd

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

(Note: Please refer to the further supplementary report item 16 in the Business Paper. The supplementary report includes the same information provided in this report but also provides additional information for the Council’s consideration.)                                      1

 

2        Expansion of Complying Development Submission                                                        10

 

 

 

URGENT

 

16      Further report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd                                                                                             

          Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                77

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

 (Note: Please refer to the further supplementary report item 16 in the Business Paper. The supplementary report includes the same information provided in this report but also provides additional information for the Council’s consideration.)

 

1

Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant:  Hazzouri Property Trust;  Owner:  Hazouri Investments Pty Ltd   

 

Compiled by:               Robert Craig, Principal Planner

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities

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

At its Ordinary meeting of 27 October 2014, Council refused Development Application No. DA13/0311 for 42 apartments, 7 townhouses and 71 basement car parking spaces at 119 Glengarry Drive, Glenmore Park. The reasons for refusal primarily related to local character and amenity impacts and insufficient design quality. At its Ordinary meeting of 27 July 2015, Council refused a Section 82A review application (DA13/0311.01) in relation to the proposed development which was revised to include 44 apartments, 6 townhouses and 66 basement car parking spaces. The reasons for refusal of the original Development Application (DA13/0311) were upheld as part of this decision.

 

On 27 April 2015, the proponent filed a Class 1 appeal with the Land and Environment Court in relation to Council’s refusal of DA13/0311. At an initial directions hearing held on 26 May 2015, the Court adjourned consideration of the appeal to enable Council to make a determination in relation to the Section 82A application. Following Council’s refusal of this application, the Court listed the matter for a preliminary Section 34 Conciliation Conference which was held on 23 September 2015 where the key issues of contention were discussed.

 

In the intervening months as part of the ongoing Section 34 conciliation process, the proponent has prepared an amended proposal for the site in response to the key urban design concerns raised by Council’s urban design expert. The revised proposal was notified to adjoining and nearby property owners and residents. The notification was extensive in recognition of the previous significant public interest in the proposal. The public exhibition period for the amended plans was from 26 February to 11 March 2016 in order to meet Court imposed timeframes. In response, Council received 28 public submissions at the time of finalising this report. The following issues of concern regarding the amended proposal were raised in the public submissions:

 

·    Insufficient on-site car parking;

·    Increased traffic congestion and demand for on-street parking within surrounding streets;

·    Inappropriate location within Glenmore Park;

·    Lack of public transport to support the scale of the development;

·    Uncharacteristic built form, scale, density and landscaping opportunities compared to surrounding housing;

·    Impacts on privacy and amenity;

·    Traffic and pedestrian safety impacts;

·    Noise impacts;

·    Impacts on property values; and

·    Insufficient waste management arrangements.

 

These matters have been considered and addressed by this report. The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process. Council now needs to form a position regarding the current Land and Environment Court proceedings by 24 March 2016 when the matter is next before the Court.

Site and Surrounds

The subject site is situated on the north-western corner of the intersection of Bradley Street and Glengarry Drive in Glenmore Park Stage 2. The site is legally described as Lot 1311 DP 1161827. The site is known as 119 Glengarry Drive, Glenmore Park. A locality plan is provided at Attachment No. 1.

 

The site is irregular in shape and has a land area of 4,482m2. The site is vacant, clear of vegetation and slopes downwards from east to west with an overall cross-fall of approximately 10m.

 

The surrounding area includes a mix of residential development. Single storey and two storey dwelling houses and duplexes adjoin the northern boundary of the site, with dwelling houses immediately beyond to the north and north-east. A four storey residential flat building adjoins the western boundary of the site, with a further three residential flat buildings of a similar scale immediately to the west. The eastern boundary of the site adjoins Glengarry Drive with vacant residential land and two single storey dwelling houses located directly opposite the site. The southern boundary of the site adjoins Bradley Street with vacant residential land located directly opposite the site identified in the Council endorsed Concept Plan for Precinct F of Glenmore Park Stage 2 to be developed for detached dwellings, multi‑unit housing and apartments from east to west along the Bradley Street frontage respectively.

Background

At its Ordinary meeting of 27 October 2014, Council refused Development Application No. DA13/0311 for 42 apartments, 7 townhouses and 71 basement car parking spaces at 119 Glengarry Drive, Glenmore Park. The reasons for refusal primarily related to local character and amenity impacts and insufficient design quality.

 

On 20 March 2015, the proponent (Hazzouri Property Trust) lodged a Section 82A application (DA13/0311.01) seeking a review of Council’s refusal of the proposed development. As part of this application the proposal was modified to include 44 apartments, 6 townhouses and 66 basement car parking spaces with vehicle access to the basement car park via Glengarry Drive (vehicle access to the basement car park was previously via Bradley Street).

 

On 27 April 2015, the proponent filed a Class 1 appeal with the Land and Environment Court in relation to Council’s refusal of DA13/0311. At an initial directions hearing held on 26 May 2015, the Court adjourned consideration of the appeal to enable Council to make a determination in relation to the Section 82A application. At its Ordinary meeting of 27 July 2015, Council resolved that the grounds for refusal of DA13/0311 should be upheld. Following Council’s refusal of this application, the Court listed the matter for a preliminary Section 34 Conciliation Conference which was held on 23 September 2015 where the key issues of contention were discussed.

 

In the intervening months as part of the ongoing Section 34 conciliation process, the proponent has prepared an amended proposal for the site in response to the key urban design concerns raised by Council’s urban design expert. The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process.

Statutory Context

The subject site is zoned R1 General Residential under Penrith Local Environmental Plan (LEP) 2010. Within this zone, multi dwelling housing (including townhouses) and residential flat buildings are permissible with Council consent.

 

The objectives of the R1 zone are as follows:

 

·    To provide for the housing needs of the community.

·    To provide for a variety of housing types and densities.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·    To ensure that a high level of residential amenity is achieved and maintained.

·    To ensure that new development reflects the desired future character and dwelling densities of the area.

 

Under the LEP, multi dwelling housing on the site is subject to a maximum building height standard of 10m. Residential flat buildings on the site are subject to a maximum building height standard of 15m.

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65) applies to the proposal. SEPP 65 aims to improve the design quality of residential flat buildings. The SEPP contains ten Design Quality Principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals. The Residential Flat Design Code provides additional detail for applying the Design Quality Principles contained in SEPP 65.

 

Section E7 (Glenmore Park), Part B - Glenmore Park Stage 2 of Penrith Development Control Plan 2014 also applies to the proposal and includes specific development controls for Glenmore Park Stage 2.

Details of Amended Proposal

The amended plans for the development proposal include the following aspects:

 

·    3 x 2 to 4 storey buildings containing 40 apartments (14 x 1 bedroom, 23 x 2 bedroom and 3 x 3 bedroom) and 2 townhouses (2 x 1 bedroom) addressing Bradley Street;

·    7 x 2 storey townhouses (6 x 3 bedroom and 1 x 2 bedroom) addressing Glengarry Drive;

·    64 basement car parking spaces including 10 visitor car spaces and a platform lift from the basement car park to supplement stairway access points;

·    Vehicle access to the basement via Bradley Street;

·    Centralised communal open space area; and

·    Landscaping and stormwater drainage works.

 

The key amendments from the most recently refused proposal to the revised proposal include:

 

1.   General Aspects

·    A reduction in the number of apartments from 44 to 40.

·    An increase in the number of townhouses from 7 to 9.

·    A reduction in the overall number of bedrooms across the development from 96 to 91.

·    A reduction in the number of basement car parking spaces from 66 to 64.

·    Re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street.

 

2.   Context and Landscape

·    An increase in street setbacks which were previously as close as 1m for apartment balconies (typically 3m to 5m for apartment buildings and approximately 4m to 6m for the townhouses).

·    The apartment buildings incorporate two distinct street setbacks which will provide for varied landscaped treatment along the primary Bradley Street frontage.

·    The separation between the townhouses and neighbouring dwellings has been increased to 3m.

·    A rear setback of between 8m and 16m has been provided from the northern extent of apartment Building A.

·    Proposed setbacks largely comprise deep soil areas with no basement encroachments.

·    Proposed landscaping comprises two rows of trees/shrubs along the rear boundary and street frontages to provide a substantial green backdrop and to screen the proposed buildings.

 

3.   Context, Built Form and Scale

·    The height and scale of the proposed buildings have been substantially reduced by the lowering of the basement (the maximum height of the development has been reduced from 15m to 13m).

·    Apartment Buildings B and C incorporate staggered forms which step in proportion to sloping ground levels to reduce bulk and scale.

·    The widths of apartment Buildings A to C have been reduced and the separating alleyways widened.

·    The scale of the apartment buildings has been lowered by elimination of the previously tall basement podium. Lower storeys are situated only two or three steps above the existing street footpath.

·    The scale of the apartment buildings has been varied. There are four pronounced steps in the silhouettes of Buildings A to C and heights of these buildings vary from four storeys at the site’s south-western corner to two storeys at the intersection of Bradley Street and Glengarry Drive.

·    Buildings addressing Glengarry Drive have a maximum height of two storeys which is contained by a single flat pitched roof plane.

·    The townhouses incorporate a series of staggered rectilinear forms which continue around the southern end of apartment Building C to address the street corner.

·    At the prominent street corner of Bradley Street and Glengarry Drive, a broad splayed opening has been provided between the townhouses and apartment Building C. This presents a landscaped edge to the street and draws the central landscaped open space area out towards the street.

 

4.   Context and Aesthetics

·    The facades of each apartment building vary and street elevations incorporate design elements which moderate and soften scale (e.g. habitable balconies with steel framed supports, panels of louvred screens to entrance lobbies and indoor stairs and sheet cladding for the penthouse storey of apartment Building A).

·    The street elevations of the townhouses have eliminated planar elements which previously accentuated scale and now incorporate screened balconies which provide a varied and partly transparent building edge.

·    The top storey of apartment Building A has been converted to a simple boxed form which significantly reduces the overall building height and provides enhanced architectural coherence with the storeys below.

·    All buildings incorporate more intricate architectural detailing which contributes to the reduction in scale (e.g. apartment buildings are screened by balconies and louvred stair wells which create a softer and more varied foreground to otherwise rectilinear building forms).

 

5.   Amenity within the Development

·    The street address has been enhanced by re-orienting apartments with more than half of the living rooms and entrance lobbies in apartment Buildings A and C rotated or relocated to face Bradley Street.

·    Safety and security within the development has been improved by widening the pedestrian alleyways between apartment Buildings A to C and by providing balconies and windows which overlook the alleyways.

·    Each townhouse has a private stairway direct from the basement.

·    Vertical rises from the basement to each apartment lobby have been compressed and are a maximum of one to one and a half storeys.

·    The potential for social interaction has been enhanced via the re-design of the communal open space area and the pedestrian alleyways and lobbies.

6.   Neighbours’ Amenity

·    Re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive.

·    Neighbours along Cooee Avenue will benefit from increased side boundary setbacks together with proposed landscaping along the rear boundary and the re‑orientation of living rooms in more than half of the apartments in apartment Buildings B and C. This will direct occupants’ noise toward the street rather than toward the common open space area and neighbouring properties beyond.

·    Ground levels within the rear common open space area are below existing ground levels of neighbouring properties to minimise potential amenity impacts on adjacent residents.

 

Copies of the architectural and landscape plans for the revised proposal are provided at Attachment No. 2. By way of comparison, copies of the architectural and landscape plans for the most recently refused proposal are provided at Attachment No. 3.

 

Assessment of Amended Plans

An independent architectural and urban design review of the revised proposal has been undertaken by Council’s urban design expert, Mr Brett Newbold. In response to the amended plans, Mr Newbold has advised the following:

 

·    Subject to the provision of privacy screening to the rear of several ground floor apartments, the amended plans have responded appropriately to all concerns regarding urban design which were previously raised in relation to the proposal.

·    In terms of urban design considerations, the amended proposal is substantially superior to the original proposal.

·    In relation to urban design quality and concerns which were raised by the resident objectors, the amended proposal will not compromise the amenity of residential neighbours, will be compatible with surrounding development and contribute to an attractive streetscape.

 

Assessment by Council officers of other technical aspects of the proposal including car parking, waste management and stormwater drainage is currently being undertaken. It is considered, however, that these matters will be capable of being dealt with via minor plan amendments and/or conditions of consent.

 

It should be noted that the revised proposal is compliant with the maximum building height standards applicable to the site (i.e. 10m maximum for the townhouses and 15m maximum for the apartments). The revised proposal also satisfies the requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65).

 

The proposal is compliant with the controls contained in Section E7 (Glenmore Park), Part B - Glenmore Park Stage 2 of Penrith Development Control Plan 2014 with the possible exception of the locational controls for apartments which are open to interpretation. The Urban Structure controls provide that:

 

·                Higher density forms of housing will be provided along corridor edges, around the Neighbourhood Centre, in good proximity to public transport routes and adjacent to active and passive open spaces

 

The site is in a transitional location between existing higher density housing forms and detached dwellings and the amended proposal responds in scale and form from apartments to townhouses. In relation to the locational controls for apartments (i.e. adjacent neighbourhood centre and major active open space facility), it is noted that the site is in close proximity to the corridor and within approximately 700m walking distance of the estate playing fields (i.e. within a 10 minute walking distance). In addition, bus stop locations are available fronting the site in both Glengarry Drive and Bradley Street. Bus services in the locality commence around 5:30am, generally run at 30 minute intervals in the AM peak, hourly 10am-2pm and every 18-19 mins in the PM peak. It is therefore considered that the intent of the locational controls for apartments has been satisfied.

Public Submissions

The revised proposal was notified to adjoining and nearby property owners and residents. The notification was extensive in recognition of the previous significant public interest in the proposal.

 

Council notified 168 property owners and residents in the surrounding area. The public exhibition period for the amended plans was from 26 February to 11 March 2016. In response Council received 28 public submissions to date objecting to the revised proposal including 11 submissions from Cooee Avenue residents, 3 submissions from Glengarry Drive residents and 3 submissions from Bangalla Parade residents.

 

The issues of concern raised in the public submissions are summarised and considered below.

 

Insufficient on-site car parking

 

Based on the car parking rates contained in Section C10.5.1 (Parking) of Penrith Development Control Plan 2014, the proposal requires 67 on-site car spaces. A total 64 car spaces have been provided. The 3 car space shortfall can be attributed to 3 apartments containing study rooms which have not been counted as third bedrooms by the proponent (3 bedroom units each require 2 car spaces). This matter is capable of being dealt with via minor plan amendments and/or conditions of consent.

 

Increased traffic congestion and demand for on-street parking within surrounding streets

 

Council’s Traffic Officer has raised no objections to the proposal on traffic grounds. Although the proposal will produce a consistent increase in local traffic flow, no adverse traffic generation impacts are expected from the development and it is anticipated that the local road network will have adequate spare capacity to cater for this traffic generation. Vehicular access has been relocated in amended plans to Bradley Street, removing the majority of vehicular movements from Glengarry Drive.

 

In relation to car parking, the proposal is compliant with Council’s parking controls subject to resolution of the mater discussed above.

 

Inappropriate location within Glenmore Park

 

The site is within approximately 300m walking distance of the neighbourhood park (Jacaranda Park) and within approximately 500m walking distance of the estate’s major active open space facility/playing fields (i.e. within a 10 minute walking distance in both instances). In addition, bus stop locations are available fronting the site in both Glengarry Drive and Bradley Street. Bus services in the locality commence around 5:30am, generally run at 30 minute intervals in the AM peak, hourly 10am-2pm and every 18-19 minutes in the PM peak providing ready access to the estate’s neighbourhood centre. It is therefore considered that the site is reasonably located to accommodate higher density housing and has suitable access to public open space amenities and services.

 

Lack of public transport to support the scale of the development

 

The site has direct access to public transport links given the adjacent Glengarry Drive and Bradley Street bus stops.

 

Uncharacteristic built form, scale, density and landscaping opportunities compared to surrounding housing

 

The issue of neighbourhood character has been given stringent consideration by Council’s urban design expert. The revised proposal is considered to demonstrate reasonable compatibility with existing and proposed developments that define the character and amenity of the surrounding locality. In particular, the following plan amendments have been provided:

 

·    Deep soil setbacks along street frontages have been increased to accommodate more effective landscaping.

·    Building forms have been varied, lowered in height and reconfigured to moderate scale and mass.

·    Amendments in relation to architectural and landscape design promote reasonable compatibility with the predominantly “garden suburb” character of the surrounding locality.

 

Impacts on privacy and amenity

 

The issue of impacts on neighbours’ amenity and privacy has also been given stringent consideration by Council’s urban design expert. In particular, the following plan amendments have been provided to address this concern:

 

·    Re-location of the proposed driveway from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive and consolidate arrivals and departures along a collector road.

·    With regard to visual impacts, neighbours along Cooee Avenue and Glengarry Drive will benefit from the increased setbacks and landscaping together with the changes to dwelling layouts and building forms.

 

Traffic and pedestrian safety impacts

 

The proposed vehicular access driveway is approximately 100m from the roundabout at the intersection of Bradley Street and Glenmore Ridge Drive and approximately 80m from the roundabout at the intersection of Glengarry Drive and Bradley Street. This arrangement satisfies sight distance requirements in the prevailing 50km/h speed zone.

 

The basement car park has been designed to enable vehicles to enter and exit the basement in a forward direction which will ensure pedestrian safety is maximised.In relation to the Bradley Street bus stop, although a portion of the basement driveway is adjacent to the indented bus bay, it is acceptable for buses to pass in front of driveways for the ‘draw out’ component of their manoeuvre.

 

Noise impacts

 

The development is of a residential character and is therefore not expected to generate unreasonable noise impacts. Furthermore, the re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive.

 

Impacts on property values

 

There is no evidence available to support this claim and it is not a planning consideration sufficient to justify refusal of the proposal.

 

Insufficient waste management arrangements

 

The proposed waste management arrangements are an improvement to the previous proposal however remain unsatisfactory at this stage. This matter is capable of being dealt with via minor plan amendments and/or conditions of consent.

Conclusion

The amended plans for the proposal have been publicly exhibited to enable adjoining and nearby residents to have the opportunity to make further submissions in relation to the proposal. The outcome of this process was that a total of 28 public submissions objecting to the revised proposal were received by Council at the time of finalising this report. The issues of concern raised in the public submissions have been considered and addressed by this report.

 

The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process. Council now needs to take a position regarding the current Land and Environment Court proceedings by 24 March 2016 when the matter is next before the Court. In this regard expert legal and urban design advice is provided under separate cover with the options available to Council.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park be received.

2.    Those individuals who made a submission be advised of the consideration given to their concerns and the outcome of Council’s position before the Land and Environment Court.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Revised Proposal Plans

4 Pages

Attachments Included

3.  

Refused Proposal Plans

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                                21 March 2016

 

 

 

2

Expansion of Complying Development Submission   

 

Compiled by:               Julie Condon, Development Enquiry Coordinator

Matthew Rose, Senior Planner

Authorised by:            Paul Grimson, City Planning Manager

Peter Wood, Acting Development and Environmental Health Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities

Service Activity

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

      

 

Executive Summary

The Department of Planning and Environment (The Department) recently released a discussion paper exploring the option of expanding the current regime of complying development to include low rise medium density housing.

 

The proposals included in this discussion paper were presented at the Councillor Briefing of the 22 February for consideration. The issues raised by Councillors at the briefing and identified by Council officers were compiled into a submission which was lodged with The Department on the 1 March 2016.

Background

State Environmental Planning Policy (Exempt and Complying Development) 2008 (the SEPP) provides a framework that allows a “fast-track” or complying development approval process for one and two storey freestanding homes.

Complying development is an alternative development approval pathway to Council’s development approval process.  It is aimed at straightforward developments that comply with a set of prescribed development standards.  If these standards are not met, then the applicant must submit a development application to Council.  Complying development approvals can be issued by Councils or private accredited certifiers.

 

The Department is concerned that the development application process is delaying the delivery of medium density housing proposals and resulting in poor design outcomes.

The Discussion Paper therefore examines the expansion of the types of residential development that can be undertaken as complying development to include low rise medium density housing such as dual occupancies, manor homes and up to ten (10) terraces or townhouses. 

The Discussion Paper also examines how to provide design guidance and a consistent state-wide approach for the delivery of medium density housing.  It recommends a suite of development standards to ensure that the impacts of new development on the streetscape and surrounding development are regulated.


 

Council’s Submission

The submission on the Discussion Paper, identified a number of areas of concern with the proposals outlined in the paper and included the issues raised by Councillors at the 22 February 2016 briefing. The submission is included in Attachment No 1.

The key issues which were raised in the submission relate to the following general comments and specific responses:

General Comments

·    Council has planned to accommodate Penrith’s current and future communities by providing a mix and diversity of housing types in areas well located with regard to services, facilities and transport. These planned outcomes also safeguard residential amenity and include a strong commitment to healthy and safe communities and environmental protection and enhancement. Council also monitors the performance of the planned outcomes and updates its strategic planning documents to respond to the challenge of housing an increasing population.

 

·    The planned outcomes for Penrith’s residential areas include extensive community consultation and are captured in the key planning documents, Penrith Local Environmental Plan 2010 (LEP 2010) and Penrith Development Control Plan 2014 (DCP 2014). LEP 2010 applies the suite of residential land use zones and land uses provided by the Standard Instrument Template for Local Environmental Plans to the Penrith Local Government Area to provide a mix and diversity of housing types, with increased densities around public transport and commercial centres. The controls in DCP 2014 set the desired outcomes with regards to the design and amenity of new development.

 

·    Council has also planned to and is delivering greater density and housing choice (than that available in its traditional low density residential areas) in Penrith’s new release areas. These areas are already supported, or will be supported, by infrastructure and services that will meet the demand of medium- and high-density residential developments.

 

·    Council supports the principle of providing an alternative approval pathway for dual occupancy developments, but not the proposed development standards. The proposed standards are significantly different than those set in Council’s planning documents and will undermine Council’s and the communities desired development outcomes.

 

·    Council does not support the provision of an alternate approval pathway for town house and terrace developments. The complying development process will not provide the necessary rigor to ensure impacts of such developments are managed appropriately. In addition, the complying development process does not consider the infrastructure and services available to or required by new developments. This will impact on Council’s ability to provide infrastructure and services for planned developments and existing residents.

 

·    Council already has reservations regarding the outcomes delivered through the private certification of development and so does not support the proposed expansion of private certification to include stormwater and waste management solutions.

 


 

Specific Responses

·    The proposed development standards are significantly smaller than those set in LEP 2010. Specifically, LEP 2010 requires a minimum lot size of 650-750m2 (instead of 400m2) for a dual occupancy development and sets a minimum lot size for subdivision of 550m2 (instead of 200m2). These standards would undermine the planned outcome of maintaining the character and amenity of Penrith’s traditional residential areas. They would also create an unplanned demand for local infrastructure and services.

 

·    The reduction of minimum lot widths from those set in local environmental plans is not supported. The application of a one-size fits all approach across New South Wales is not a sensible proposal. Low density residential areas vary greatly across the State in response to location, environmental attributes and community desire. The residential areas in inner Sydney, the suburbs of Western Sydney, and surrounding country towns in western NSW do not need and should not have the same controls.

 

·    Manor homes should only be permitted in zones which currently permit multi-dwelling housing. This would rule out the R2 Low Density Residential zone. In addition, the development of manor homes as complying development should only be permitted where it meets the development standard setting the minimum lot size for multi-dwelling housing.  This will ensure that planned outcomes are not substantially changed.

 

·    The development of town houses and terraces should not be undertaken in the identified residential zones unless it meets the development standards set in LEP 2010. These development standards have been prepared following extensive community consultation and help protect the amenity and character of established residential areas.

The proposed development standards are significantly smaller than those set in LEP 2010. Specifically, LEP 2010 requires a minimum lot size of 800m2 (instead of 600m2) for town house and terrace developments. Likewise the minimum lot frontage should also be equal to that specified in the relevant council’s LEP.

 

The standards set in LEP 2010 encourage the consolidation of smaller lots to help deliver better design outcomes, waste servicing and access arrangements. The proposed standards would undermine these planned outcomes as the smaller lots may not be able to provide the same design outcomes and access arrangements that Council has planned for. The R3 Medium Density Residential zone has been applied to 3,700 lots in the Penrith Local Government Area. Approximately a third of these lots fall between Council’s requirement (800m2) and the proposed requirement (600m2). This means that an additional 1,100 lots of the 3,700 lots could be developed with a town house or terrace development.  Any proposal to provide a different outcome to the currently planned outcomes should be examined and determined by individual councils through an appropriate strategic planning exercise.

 

·    The car parking controls should reflect the location of the proposed development with regards the proximity of public transport options and should provide sufficient car parking onsite. The car parking requirements should meet the minimum standards specified in the applicable DCP if they are higher than those in the Guide to Traffic Generating Developments. Reducing car parking requirements will result in increased on-street parking with subsequent impacts on existing residents and waste collection.

 

·    Councils are the responsible authority for stormwater management and waste services, often managing large catchments or complex contracts for waste collection. As the completed developments will impact and rely on this infrastructure and services, Council should retain responsibility for all aspects of stormwater and waste management.

 

Conclusion

Council has planned to accommodate Penrith’s current and future communities by providing a mix and diversity of housing types in areas well located with regard to services, facilities and transport. These planned outcomes safeguard residential amenity and include a strong commitment to healthy and safe communities and environmental protection and enhancement.

 

The planned outcomes for Penrith’s residential areas included extensive community consultation and are captured in the key planning documents, Penrith Local Environmental Plan 2010 (LEP 2010) and Penrith Development Control Plan 2014 (DCP 2014). LEP 2010 applies the suite of residential land use zones and land uses provided by the Standard Instrument Template for Local Environmental Plans to the Penrith Local Government Area.

 

Many of the standards proposed in the Discussion paper are at odds with this in depth planning and  some of the proposed standards are significantly different than those set in Council’s planning documents and will undermine Council’s and the communities desired development outcomes.

 

Council does not support the provision of an alternate approval pathway for town house and terrace developments. The complying development process will not provide the necessary rigor to ensure impacts of such developments are managed appropriately.

 

In addition, the complying development process does not consider the infrastructure and services available to or required by new developments. This will impact on Council’s ability to provide infrastructure and services for planned developments and existing residents.

 

Council already has reservations regarding the outcomes delivered through the private certification of development and so does not support the proposed expansion of private certification to include stormwater and waste management solutions.

 

The concerns raised by Council have been incorporated into the submission to the Department. Council will be kept informed of the progress of the proposed amendments to the SEPP as feedback and submissions received will be reviewed by the Department and used to inform proposed changes to policy. It is anticipated there will be a further opportunity to comment on the draft legislation at this time. 

 

 

RECOMMENDATION

That the information contained in the report on Expansion of Complying Development Submission be received.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Expansion of Complying Development Submission

17 Pages

Attachments Included

   


 

 

 

 

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Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

3        Western Sydney Infrastructure Program, Local Roads Package  Round 2, Acceptance of Funding                                                                                                                             17

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

 

 

3

Western Sydney Infrastructure Program, Local Roads Package  Round 2, Acceptance of Funding   

 

Compiled by:               Michael Jackson, Design and Projects Manager

Authorised by:            Wayne Mitchell, Executive Manager - Environment & City Development  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage the delivery of Council's major infrastructure projects

 

Previous Items:           Western Sydney Infrastructure Plan - Local Roads Package - Ordinary Meeting - 23 February 2015    

 

Executive Summary

In January 2016 the Australian Government, via the Department of Infrastructure and Regional Development, announced that funding has been allocated to Council as part of the second round of the $200million Local Roads Package, within the Western Sydney Infrastructure Plan (WSIP).

 

The report recommends Council accept the $35,763,469 (P90 estimate) in delivery funds for the detailed design and construction of the recommended improvement works to the seven intersections listed relating to the Northern Road and Erskine Park Road.

Background

In April 2014, the Federal and State Governments released the Western Sydney Infrastructure Plan (WSIP).  Both governments agreed to a partnership to deliver a $200 million Local Roads Package which would be shared between seven local government areas in Western Sydney over ten years.

 

On the 29 August 2014, Council made a funding submission to the Roads and Maritime Services (RMS) seeking $1.1 million in funding to undertake scoping studies for nine key arterial intersections along The Northern Road and Erskine Park Road.

 

In November 2014 the Australian Government, via the Department of Infrastructure and Regional Development, announced that funding of $1.1million has been allocated to Council as part of the first round of the $200million Local Roads Package, within the Western Sydney Infrastructure Plan (WSIP).

 

The funds were to undertake scoping works to inform a round two submission which was made on 31 August 2015 and which has now been successful. 

 

Council received a letter in January from the Hon Paul Fletcher MP, Minister for Major Projects, Territories and Local Government, announcing the funding and then a subsequent letter dated 23 February 2016 from Kevin Doherty, General Manager, Western Sydney Infrastructure Plan, RMS which contained the details of the terms of the funding agreement.

 

Scope of Projects

The projects are scheduled to be delivered over the next three (3)  financial years at the request of the funding body.  The seven projects to be delivered are as follows:

 

·    Intersection of The Northern Road & Great Western Highway – Turn lane extensions

·    Intersection of The Northern Road & Derby St – Derby St capacity improvements

·    Intersection of Bringelly Road & Caddens Rd - Roundabout

·    Intersection of Erskine Park Road & Explorers Way - Signals

·    Intersection of Erskine Park Road & Coonawarra Drive – Seagull treatment

·    Intersection of Erskine Park Road & Peppertree Drive – Seagull treatment

·    Intersection of Erskine Park Road & Bennett Road - Signals

 

The scoping work which informed the application included detailed traffic modelling and demonstrated significant performance improvements for each of the intersections.

Funding Agreement

The funding has been provisionally allocated to the level of the P50 estimates ($31,997,203 in total) for each project.  Variations up to the level of the P90 estimates ($35,763,469 in total) require the approval of the Department of Infrastructure and Regional Development.  All project costs above the P90 estimate must be borne by Council.

 

P50 and P90 are RMS terms which refer to the probability of risk on the project.  In layman’s terms, P50 includes an allowance for an average level of construction risk and RMS experience has demonstrated that approximately 50% of projects can be delivered for that cost.  P90 is the 90% worst case scenario, so 90% of all projects can be reasonably anticipated to be delivered within that total cost.  The P50 and P90 cost estimates were prepared by experienced Quantity Surveyors based on detailed concept plans, survey and site investigations so the level of risk should reasonably be expected to be within the 90% limit.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Western Sydney Infrastructure Program, Local Roads Package  Round 2, Acceptance of Funding be received.

2.    Council write to the General Manager, Western Sydney Infrastructure Plan, RMS, to accept the funding offer for the projects as listed in the report.

3.    Council write to the Minister for Major Projects, Territories and Local Government, Minister for Roads, Maritime and Freight, and Local Members expressing appreciation for their support and funding.

 

 

ATTACHMENTS/APPENDICES

1.  

RMS Letter, Western Sydney Infrastructure Plan, Local Roads Package Round 2

3 Pages

Appendix

  


Ordinary Meeting                                                                                                              21 March 2016

Appendix 1 - RMS Letter, Western Sydney Infrastructure Plan, Local Roads Package Round 2

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

4        Queen St, Streetscape Improvement Project, Update                                                    25

 

5        Application to Stronger Communities Program                                                               30

 

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

 

 

4

Queen St, Streetscape Improvement Project, Update   

 

Compiled by:               Jeni Pollard, Place Manager

Michael Jackson, Design and Projects Manager

Authorised by:            David Burns, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

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

      

 

Executive Summary

The following report provides a summary of the Queen Street, Streetscape Improvement Program to date, as well as an overview of the alterations to the adopted program.

 

The report provides an updated forecast for completion of the streetscape works currently under construction and a summary of the communication strategies and promotion activities being undertaken to support Queen Street businesses.

Background

The St Marys Queen St, Streetscape Improvement Program (SIP) is the result of a consultation and master planning process which culminated in Council’s adoption of the Streetscape Improvement Program on 18 November 2013 after the SIP was exhibited in September 2013.

 

The SIP has two components, the first being the general streetscape works that are currently underway and the 11 ‘Special Places’ which were included in the adopted SIP.  The general streetscape was then documented to detailed design level and tendered for construction. The Special Places have been the subject of an extensive consultation and design process, with implementation due to commence after the completion of the general construction work. The staging is intended to avoid the overlap of contractors and reduce additional negative impacts for retailers and the community during the general streetscape works.

Alterations to Adopted SIP

The SIP was a high level concept plan for the street which included a general description of the elements to be included.  During the detailed design process alternatives were explored and some alterations were made for reasons of constructability and longevity.  The key changes to the adopted SIP and a brief explanation of why they were made are below:

 

Alterations to adopted SIP

 

SIP concept

Rationale for change

Concrete Pavement (blasted with patterns) changed to Asphalt.

The SIP concept was for a concrete tree root vault to be created which required extensive structural work to contain the tree roots and cantilever a section of the pavement over the tree roots so as not to crush them.  No further layers of surface finish were to be added (eg pavers) as the additional layers took depth from the usable tree root zone.

 

·    Existing utility services severely constrained the potential tree vault size

·    Structural requirements to cantilever slabs were impractical to insert around existing services..

·    Any future services works would compromise the slab integrity and be difficult to repair, leading to a poor quality environment over time.

Replacement trees to be alternated down the street.

The SIP concept was for the three species of replacement trees to be alternated relatively evenly down the street. 

The use of three species was proposed to overcome the risk inherent in a single species, where drought, disease or pests could wipe out the entire street if they were all of the same species.

The three trees selected each have physical properties which make them suited to certain uses. 

·    Brushbox is the biggest species and is being used to signify points of interest & where space permits

·    Pears are the narrowest and are used where damage may occur to a wider tree, such as at Bus Stops

·    Japanese Elm are the medium tree used everywhere else.

 

Special Places.

The SIP nominated draft locations for 13 special places including the turn-around zone at the station.

Specific consultation with the immediately surrounding businesses and design development has resulted in 11 special places, and minor alterations to the boundaries of some of the zones compared to those nominated originally.

The turnaround zone at the station is still included.

 

 

Construction Phase

The construction contract for the general streetscape and pedestrian lighting component of the project was awarded on 27 July 2015 after a public tender process.  Hargraves Urban Pty Ltd were awarded the tender RFT 14/15-28 for a total amount of $4,759,999 (excluding GST).  The project would then have been able to commence on site in August 2015 but it was agreed by Councillors that the start date should be delayed until after the Spring Festival in early September.

 

Construction commenced at the Northern and Southern ends of the street in September 15 and immediately the complexity of underground services caused delays.  The project design team had commissioned pot holing ie test holes to identify and locate services at 7 points along the street before the design was undertaken.  Upon excavation it was discovered that the utility services did not follow consistent paths or depths along the length of the street, and the extensive tree roots had tangled around and through all of the utility services meaning that the majority of excavation and tree root removal had to be completed by hand. 

 

Despite best endeavours and hand excavation, some utility services were still damaged and the various providers had to temporarily restore services and then undertake permanent repairs before those sections could be finished.  These sections took too long in the view of Council, the contractor and the businesses.

Revised Program

Following commencement of works, it was evident that construction, particularly at the Great Western Highway end of Queen Street was raising considerable concern for businesses in the affect area. This was in most part due to the complexity of services and the removal of tree roots as well as the limits on the time available for work due to the constraints of being so close to the Great Western Highway.

 

A meeting was held with the Mayor, Deputy Mayor & East Ward Councillors in late December 2015 to discuss the concerns being raised by the community and businesses regarding progress on the project. This resulted in an immediate amendment to the program.  Following further discussion with Hargraves, options were tabled at a second meeting with Councillors in February 2016 and a revised program was agreed. 

 

To minimise overall program length, each side of the street would be undertaken as a single stage, providing maximum opportunity for the work crews to stay productive while the specific underground services issues were resolved at various locations.  This also ensures parking remains available along the length of the street, although on one side only.

 

The new program commenced on the western side of the street in February and whilst still disruptive for businesses is resulting in a faster approach to construction.  Sections of the street now under construction are scheduled for completion in April, with the last ones nominally forecast to be completed in May.  This is ahead of the program for completion of the western side which was at the end of June.

 

The eastern side of the street will then commence construction by end of May, with the overlap minimised while finishing works are completed on the west and excavation is commenced on the east. Works will not be permitted on opposing sides of the same section.  Investigative works will commence shortly in specific locations on the eastern side to try to identify and resolve design solutions for underground services issues before the bulk excavation works begin.

 

Given the time saving realised on the west compared to program, the eastern side (July – October) would then be revised for a commencement date in May.  Based on current forecasts that would bring the October completion date forward to approximately the end of August.  As this is close to the time of the Spring Festival these dates will continue to be reviewed as works progress and officers have undertaken to meet with the St Marys Town Centre Corporation on a regular basis to monitor any impacts on the Spring Festival. For the time being, the Spring Festival organisers are planning for the worst case scenario, which has half of the pavements still under construction.

 

All forecast dates are still subject to weather delays, and specific utility services issues discovered during excavation, but are tempered by experience to date. 

 

As construction proceeds and as unusual issues emerge they are being dealt with as quickly as possible.  One recent example is a Telco conduit which was found laid within the shallow concrete footing slab for a band of pavers.  That concrete footing cannot now be removed until a new conduit is laid at the proper depth and the service is cut over from the old cables to the new.  Even with excellent cooperation from Telstra, relocation of important services can still take 4-6 weeks to be completed, as the wider network & customers of all Telcos can be severely impacted by any outage and appropriate planning and change control measures still need to be put in place.

Budget

The tender from Hargraves Urban Pty Ltd was within the allocated project budget and significantly lower than the next nearest.  Hargraves’ tendered price wasn’t the lowest, which was ruled out based on lack of capacity or demonstrated experience.  With the various latent conditions encountered and the variation to program, the project remains within the allocated budget.  This report includes an alteration to the budget phasing, bringing forward the overall expenditure via borrowing, in line with the accelerated program and current forecast earlier completion date.

Communications

Whilst there was a comprehensive engagement strategy during the design process and prior to the commencement of work, few businesses could have anticipated the level of disruption caused by the works. 

 

Council has been steadily improving communication as the project has progressed and a number of initiatives have been put in place, most in collaboration with the St Marys Town Centre Corporation to support better understanding of the works program and for Council officers to hear about issues facing businesses.

 

·    Council has instigated monthly information meetings at the St Marys Band Club on Wednesday afternoons since January 2016, with all retailers being invited to attend.  The third meeting was held on 16 March. Attendance at these meetings is around 7 -10 businesses and it is pleasing to see businesses in yet to be affected areas attending in order to be prepared for construction in their area. These meetings will continue

·    The first monthly newsletter has just been distributed to all retailers on the street (attached).

·    Full page newspaper advertisements have been taken out in the St Marys Standard prior to Christmas to publicise that Queen Street is open for business and that the retailers are actively trading throughout the works. A second advertisement will go occur in the lead up to Easter.

·    A weekly site meeting with the Town Centre Manager to discuss issues that arise for businesses and retailers. The Design and Projects Manager, the Place Manager and the Project Coordinator all attend on site meetings as requested with individual businesses.

·    The St Marys Town Centre Corporation have published & distributed pamphlets regarding the works throughout the surrounding suburbs.

 

The St Marys Town Centre Corporation have been very supportive throughout the construction process and the Town Centre Manager has been actively keeping business owners and operators up to date on issues or amendments to the works program. The support of the Corporation Board and staff has been of great value to Council.

Acting Financial Services Manager’s Comment

The revised program of works can still be accommodated within the existing budget allocation for the Queen Street component of the City Centres Improvement Program.

 

 

 

 

RECOMMENDATION

That the information contained in the report on Queen St, Streetscape Improvement Project, Update be received.

 

 

ATTACHMENTS/APPENDICES

1.  

March Queen St Newsletter

2 Pages

Attachments Included

2.  

Feb 16 Revised Program

2 Pages

Attachments Included

3.  

Photo Montage View 1

1 Page

Attachments Included

4.  

Photo Montage View 2

1 Page

Attachments Included

5.  

Photo Montage View 3

1 Page

Attachments Included

6.  

Queen St Proposed Tree Species

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                                21 March 2016

 

 

 

5

Application to Stronger Communities Program   

 

Compiled by:               Heather Chaffey, Neighbourhood Renewal Coordinator 

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

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

      

 

Executive Summary

The report seeks Council’s endorsement for a funding application submitted under Round 2 of the Stronger Communities Programme (Arts, Culture and Community). The submission is for $5000 for a showpiece garden in the new playground located between Barr and Bass St, Colyton.

 

The submission is made on behalf of Team Colyton with Penrith City Council to act as the auspicing body. It is proposed that Council will provide matching grants through the Neighbourhood Renewal Program’s capital budget.

 

The report recommends that Council submit the application for funds on behalf of Team Colyton and provides assurance of matching funds through the Neighbourhood Renewal Program capital budget.

Background

At the Team Colyton meeting held on 15th March 2016, the group voted to apply for a small grant through Round 2 of the Stronger Communities Programme (Arts, Culture and Community).  These grants are available through the office of Fiona Scott, MP, Member for Lindsay. The submission requires matching funds.

 

As Team Colyton is not an incorporated body, they require an auspicing group to make the submission on their behalf. This provides an opportunity for Council to work with the group to prepare the submission, receive the funds, manage the project and acquit the grant.

 

Team Colyton has been discussing ideas for introducing more colour to public spaces in Colyton and this project is consistent with actions listed within the Colyton Community Action Plan endorsed by Council at its Policy Review Committee Meeting held on March 14th.

The Project

Team Colyton is proposing to build a showpiece garden in the new playground located in the reserve between Barr and Bass St, Colyton. This is the site of the current Mayoral Youth Challenge project that will be launched on April 1st.  Team Colyton have a vision for a garden that will bring more colour and life to the space and will support social cohesion and connection as residents work together to tend to the garden.

 

Should the submission be successful, residents have committed to contributing 48 hours of volunteer time in the development and design of the project, 64 hours of volunteer hours in planting/building the garden, and 96 volunteer hours in garden maintenance over the next 12 months.

 

This project fits well with Team Colyton’s vision for a neighbourhood which feels safe and inviting, where people know their neighbours and community spirit is strong.

Conclusion

The Stronger Communities Program funding submission from Team Colyton is consistent with the principles of collaboration and community building. The groups drive and passion for their neighbourhood is evident in their willingness to contribute volunteer hours to tend to a showpiece garden.

 

Team Colyton is searching for opportunities to build its toolkit as a group of volunteer community leaders. The grant offers them an opportunity to take ownership over a project, practicing their coordination and project management skills, to consider risk assessment and management, and to take further steps towards autonomy.

 

The Stronger Communities Program also offers Team Colyton an exciting opportunity to deliver another element of their vision for a safe, clean, and dynamic neighbourhood. It will provide opportunities for social connection and celebration and for building community spirit. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Application to Stronger Communities Program be received.

2.    Council support Team Colyton in their submission for a showpiece garden.

3.    Council provides matching funds of $5000 should the project submission be successful.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

6        Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2015/16   35

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

 

 

6

Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2015/16   

 

Compiled by:               Mylvaganam Senthilvasan, Engineering Co-ordinator Policy and Projects

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Provide a strategic framework to manage floodplains and inform land use policy

      

 

Executive Summary

This report recommends the acceptance of grant funding being offered by the NSW Government under its Floodplain Management Program 2015/16 for undertaking floodplain risk management studies and plans for Penrith CBD and St Marys (Byrnes Creek) catchment areas.

Background

The NSW Government’s Flood Prone Land Policy (the Policy) states that the management of flood prone land is primarily the responsibility of councils.  To facilitate this, the State Government has published the Floodplain Development Manual, April 2005 to provide guidance to councils in the implementation of the Policy.  The State Government also provides financial assistance and technical support to local councils for managing their floodplains.

 

In accordance with the Manual, Council recently completed and adopted contemporary detailed flood studies for both the Penrith CBD and St Marys (Byrnes Creek) catchments. Now complete, the next step in the process is to undertake a Flood Risk Management Study and Plan for these two catchments.

 

In April 2015, the NSW Government invited grant funding applications to be considered under the 2015/16 NSW Floodplain Management Program.  Council submitted two (2) applications for the following studies:

 

a)   Penrith CBD Catchment Floodplain Risk Management Study and Plan; and

b)   St Marys Catchment Floodplain Risk Management Study and Plan.

In December 2015 NSW Office of Environment and Heritage (OEH) advised that these projects were ranked highly and have been placed on a reserve list.  We have now received advice from the OEH that these projects have been approved and activated for funding under the NSW 2015/16 Floodplain Management Program.

 

Funding Offer

The condition of the funding offer (Attachments 1 and 2) is that the offer must be accepted and the funding agreements signed and returned before 15 April 2016 and that the studies must be completed before 31 December 2018 (2 years and 9 months from to date).  The grant funding offer will be based on a funding ratio of $2 (State): $1 (Council) as detailed in the Table 1 below.

Table 1: Grant Funding Offers

No.

Project Description

Estimated Project Cost

$

Council Contribution

$

Grant Funding Offer

$

a.

Penrith CBD Catchment Floodplain Risk Management Study and Plan

150,000

50,000

100,000

b.

St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan

150,000

50,000

100,000

TOTAL

300,000

100,000

200,000

 

Financial Implications

Council has allocated a component of its Stormwater Management Service Charge towards its Floodplain Management Program. Accordingly, Council has the matching funding required to accept the grant funding offers.

 

Financial Services Manager’s Comment

 

A budget of $200,000 per annum is allocated to Floodplain Risk Management Studies funded by the Stormwater Management Service Charge. Council’s matching contribution of $100,000 as per the grant conditions is available within this budget allocation.

 

Conclusion

The NSW Government has offered grant funding to undertake two Floodplain Risk Management Studies and Plans. The funding offer and its conditions are acceptable. It is recommended that the grant funding offered be accepted.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2015/16 be received.

2.    Council accept the grant funding offers from the NSW Government for the following studies:

a.   Penrith CBD Floodplain Risk Management Study and Plan - $100,000

b.   St Marys (Byrnes Creek) Floodplain Risk Management Study and Plan - $100,000

3.    Council write to the Minister for the Environment, Local Members and the Office of Environment and Heritage, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

 

 

ATTACHMENTS/APPENDICES

1.  

Grant Funding Offer - Penrith CBD Catchment Floodplain Risk Management Study and Plan

12 Pages

Attachments Included

2.  

Grant Funding Offer - St Marys (Byrnes Creek) Floodplain Risk Management Study and Plan

12 Pages

Attachments Included

   


 

 

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

 

 

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


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

7        Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area                                                                                   41

 

8        2015-16 Borrowing Program                                                                                            44

 

9        2016 National General Assembly of Local Government                                                 46

 

10      Council Property - Extinguishment of an Easement for Stormwater Drainage - 18-30 Vallance Street St Marys being Lot 66 DP 31909.                                                          49

 

11      Appointment of a new Property Development Advisory Panel member                         52

 

12      Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council                                                                                                                                           54

 

13      Tender Reference 15/16-13 Provision of a Performance Management System            58

 

14      Transport for NSW - Penrith Station upgrade - Licence of Council Land                       64

 

15      Summary of Investments & Banking for the period 1 February 2016 to 29 February 2016                                                                                                                                           67

 

 

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                21 March 2016

 

 

 

7

Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area    

 

Compiled by:               Tara Patrickson, Assistant Property Officer

Authorised by:            Andrew Moore, Financial Services Manager 

Requested By:            Councillor Michelle Tormey

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

This report is in response to Councillor Michelle Tormey’s request for the formulation of a circus policy in relation to circuses operating with non-domesticated (exotic) circus animals on Council owned land.

 

Penrith City Council does not currently have an adopted policy specifically governing approvals for circuses operating with or without non-domesticated (exotic) circus animals on Council or privately owned land.

 

Currently the regulation of circuses sits with the State Government through various Acts and Regulations and is managed by the Department of Primary Industry. Attached is a copy of the Standards For Exhibiting Circus Animals in New South Wales, Exhibited Animals Protection Act which pertains to the conditions of the exhibition of circus animals in NSW.  

Background

In Australia, circuses are regulated at the State level. Any breaches or mistreatment of animals are dealt with by the RSPCA and the NSW Department of Primary Industries.

 

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

 

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

 

Current Situation        

 

The definition of a non-domesticated (exotic) circus animal as described by the RSPCA is a non-companion, wild species of animal that is non-native to Australia and has either been taken from its natural habitat or bred in captivity. This definition is further supported by Department of the Environment which states that animals that do not occur naturally in the wild in Australia are defined as ‘exotic animals’.

 

Non-domesticated (exotic) circus animals are primarily used in exhibitions and performances for commercial gain and/or human entertainment. These animals include but are not limited to elephants, non-human primates including monkeys and chimpanzees, big cats such as lions and tigers, bears and zebras. Attached for further reference is the Exhibited Animals Protection Regulation 2010 which lists the species of animals where a section 24 permit is required for them to be exhibited. 

 

The Property Development Department has recently received nine copies of other Councils adopted Circus Policies in relation to circuses operating with exotic circus animals in the LGA. From these attached policies, it is evident that a number of Councils are against circuses operating with exotic circus animals and have therefore banned such circuses from operating on Council owned land.  

 

These councils include:

 

·    Blue Mountains City Council                          

·    Byron Shire Council

·    Canterbury City Council

·    Hornsby Shire Council

·    Lismore City Council

·    Liverpool City Council

·    Manly Council

·    Newcastle City Council

·    Parramatta City Council

 

It was also found, that most other Councils do not have any policies currently in place in regards to circuses and manage the requests similar to Council’s current process via a development application.

 

It appears that currently in NSW, only Stardust Circus and Lennon Bros Circus carry out non-domesticated exotic animal performances. Stardust Circus possess African lions, elephants, liberty horses, miniature ponies and monkeys and the Lennon Bros Circus possess African lions, liberty ponies, monkeys, camels, miniature donkeys and dogs.

 

While many other councils currently ban circuses with exotic animals from operating on council owned land, circuses are generally utilising privately owned land.

 

The RSPCA is opposed to the use of non- domesticated (exotic) circus animals and states in the attached RSPCA Policy C02 Performing Animals ‘the requirements of circus life are not compatible with the physiological, social and behavioural needs of these animals’. The RSPCA’s policy is based on the fact that no circus, no matter how well managed, can provide an appropriate environment for wild animals. The RSPCA also believes that acting to prevent circuses using wild animals from appearing on council land sends a clear message that this activity is no longer acceptable to the Australian community.

 

Other bodies and organisations such as the Humane Society International and Animals Australia oppose to the use of exotic animals in circuses. Council has received written requests from the Humane Society International proposing that Council no longer allow the setting up of animal circuses. They also believe that ‘an inappropriate message is put forward by forcing wild animals to perform circus tricks’ and that ‘it is not consistent with the focus on environmental awareness for people, especially children, to learn that it is acceptable to exploit wild animals for human entertainment.’ Animals Australia has also made requests to Council stating that in their view, Australian Federal and State Government policies are failing these animals and therefore councils must instead take responsibility and ban exotic animal circuses on council land. 

 

Over the past ten years, Council has received a number of complaints and petitions from the community advocating a ban on circuses with animal performances in the LGA. Based on Council records of registered complaints and appeals received from the community, currently there are approximately thirty nine registered complaints or requests advocating Penrith City Council to ban circuses from the LGA. The nature of these complaints include requests and petitions for council to ban circuses with animal acts in the Penrith area and letters of concerns regarding the treatment and welfare of animals in circuses.

 

Conclusion

 

Should Council wish to adopt a Circus Policy to ban circuses operating with non-domesticated exotic circus animals on Council owned land, a Policy could be adopted in line with the draft Circus Policy attached to this report.

 

 

RECOMMENDATION

That the information contained in the report on Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area  be received.

 

ATTACHMENTS/APPENDICES

1.  

Standards for Exhibiting Circus Animals in NSW

38 Pages

Attachments Included

2.  

Exhibited Animals Protection Regulation 2010

44 Pages

Attachments Included

3.  

RSPCA Policy C02 Performing Animals

1 Page

Attachments Included

4.  

Draft Circus Policy

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                                21 March 2016

 

 

 

8

2015-16 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 2015-16 borrowing program comprises annual borrowings of $2,200,000 to fund new infrastructure and $913,000 which represents the final year of the program to fund the general revenue contribution to the Asset Renewal Established Areas Strategy (AREAS).

The program will include a loan for $2,000,000, to part fund the transfer of open space land at Caddens (WELL) to Council. This debt will be serviced by contributions in the S94 WELL Plan.  In addition a loan of $2,812,000 is required to complete active open space facilities in Glenmore Park and will also be funded by developer contributions.

 

The loans will be drawn down prior to 30 June 2016 to take advantage of record low interest rates currently available.

Current Situation

This year’s borrowing program, contained in the 2015-16 Operational Plan, comprises borrowings of $3.113m to fund new infrastructure and the general revenue contribution to AREAS.  AREAS loan funding concludes this year and the 2015-16 infrastructure borrowings have been reduced by $1,000,000 to $2,200,000 in accordance with Council’s Financial Capacity Review revised borrowing strategy that recommends phasing in the removal of general revenue funded borrowings.

 

Also included in the 2015-16 borrowings is a loan for $2,000,000, to part fund the transfer of open space land at Caddens (WELL) to Council.  Debt service repayments on this loan will be funded by contributions in the S94 WELL Plan.  An Amount of $2,812,000 is to be borrowed to complete active open space facilities in Glenmore Park. Debt service repayments on this loan will be funded by contributions in the Glenmore Park Stage 2 VPA.

 

Approval is sought from Council to borrow a total of $7,925,000 consisting of:

·    $3,113,000 for a 10 year term

·    $2,812,000 for a 10 or 15 year term

·    $2,000,000 for a 10 or 15 year term     

 

 

 

 

The loans will be drawn down prior to 30 June 2016 to take advantage of record low interest rates currently available.

Loan Application Process

 

A number of banks and financial institutions will be contacted and asked to submit preliminary quotations for this year’s borrowing allocation.  Their responses will be reviewed and fixed quotations obtained.  The banks and financial institutions 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.

 

This year NSW Treasury Corporation (TCorp) will be also be invited to quote for Council’s borrowings.  Councils assessed as Fit for the Future qualify for access to the TCorp Loan Facility. As part of the 2015-16 loan application process Council will advise TCorp of its borrowing needs and evaluate the rates offered through the Facility against those quoted by the banks and financial institutions. The most favourable rate(s) will be selected.

 

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 2015-16 Borrowing Program be received.

2.    Council borrow the $7,925,000.

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                                                                                                21 March 2016

 

 

 

9

2016 National General Assembly of Local Government   

 

Compiled by:               Adam Beggs, Acting Senior Governance Officer

Authorised by:            Stephen Britten, Chief 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 2016 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held in Canberra from 19-22 June 2016.

 

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 draft program outlines a number of speakers including Robert de Castella AO MBE, Pip Marlow, Managing Director, Microsoft, Prime Minister, the Hon Malcolm Turnbull MP (invited), The Hon Bill Shorten MP, Leader of the Opposition (invited), Senator Dr Richard Di Natale, Leader of the Australian Greens, The Hon Paul Fletcher MP, Minister for Major Projects, Territories and Local Government (invited) and The Hon Julie Collins MP (invited), Shadow Minister for Regional Development and Local Government.

 

Council should nominate its voting delegate to attend the Assembly and any observers who wish to attend, and grant leave of absence as appropriate.

 

Motions for the Assembly this year must fall under the theme “Partners in an Innovative and Prosperous Future” and need to be submitted to the ALGA by no later than Friday 22 April 2016. A copy of the program and discussion paper is attached to this report. Councillors are welcome to put forward any suggested motions at tonight’s meeting or afterwards which will allow staff time to develop any motions that are put forward for endorsement prior to the deadline date and at either the next Policy Review Committee or Ordinary Meeting.

Background

The 2016 National General Assembly of Local Government will be held in Canberra from 19–22 June 2016.

 

The National General Assembly, which is sponsored by the Australian Local Government Association (ALGA), will have as its theme, “Partners in an Innovative and Prosperous Future”.

 

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 draft program outlines a number of speakers including Robert de Castella AO MBE, Pip Marlow, Managing Director, Microsoft, Prime Minister, the Hon Malcolm Turnbull MP (invited), The Hon Bill Shorten MP, Leader of the Opposition (invited), Senator Dr Richard Di Natale, Leader of the Australian Greens, The Hon Paul Fletcher MP, Minister for Major Projects, Territories and Local Government (invited) and The Hon Julie Collins MP (invited), Shadow Minister for Regional Development and Local Government.

 

Delegates

Each Council is entitled to have one voting delegate at each plenary session. In addition to selecting its voting delegate, it is open to Council to send additional Councillors as observers.

 

In 2015, Council’s voting delegate to the National General Assembly (NGA) was the then Mayor, Councillor Ross Fowler OAM, and Councillor Marcus Cornish was nominated to attend 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 “Partners in an Innovative and Prosperous Future”.

 

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 theme for 2016 has been selected on the back of the Commonwealth Federation Discussion Paper which was issued in 2015. This year’s theme seeks to focus attention on the role that local government can play in creating a prosperous Australia. The NGA debate and motions are intended to highlight how local government can be more efficient and effective through working in partnership with other levels of government, the private sector and not for profit sector, through innovation. Essentially the NGA has requested that motions suggest reform, innovation in government operations and opportunities to partner with local government that will support Australia’s prosperity.

 

The topics raised under this theme in the discussion paper are provided below and designed to generate thought for relevant motions to be put forward for the NGA to consider:

 

1.   Local government role in national productivity

 

2.   Partnering

 

3.   Innovation

 

4.   Resourcing

 

These themes should be considered in consultation with the Discussion Paper which has been released and poses a number of questions and examples to help 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.

 

It is proposed to report on any further draft Motions, which are identified at tonight’s meeting or before the next Council meeting by Councillors or staff to either the next Ordinary Council or Policy Review Committee meeting, prior to submission to the ALGA by no later than Friday 22 April 2016.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2016 National General Assembly of Local Government be received.

2.    Council nominate its voting delegate for the 2016 National General Assembly of Local Government.

3.    Council nominate any Councillors that wish attend as observers at the 2016 National General Assembly of Local Government.

4.    Leave of Absence be granted to all Councillors attending the 2016 National General Assembly of Local Government to be held in Canberra from 19-22 June 2016.

5.    A further report be prepared to the next Policy Review Committee or Ordinary Council meeting outlining draft motions to submit to the National General Assembly. 

 

 

ATTACHMENTS/APPENDICES

1.  

National General Assembly Discussion Paper

9 Pages

Attachments Included

2.  

NGA Program

16 Pages

Attachments Included

  


Ordinary Meeting                                                                                                21 March 2016

 

 

 

10

Council Property - Extinguishment of an Easement for Stormwater Drainage - 18-30 Vallance Street St Marys being Lot 66 DP 31909.   

 

Compiled by:               Alison Randall, Property Development Assistant

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 property portfolio

      

 

Executive Summary

Council approval is sought to extinguish a drainage easement that is burdening 18 Vallance Street, St Marys for the purpose of allowing development on the site.

 

The owner is required to extinguish the drainage easement that currently burdens the property and then grant an easement to Council for drainage purposes over the location of an existing pipeline (3m wide) that runs parallel to the front property boundary.

 

Background

The land known as 18-30 Vallance Street St Marys being Lot 66 DP 31909 is currently owned by Structalam Timber Products Pty Ltd.

 

The owner of the land has submitted a Development Application to Council to build a new two storey office building on the site. It is a condition of the Development Application that the existing drainage easement be extinguished and the applicant grant an easement to Council for drainage purposes over the location of an existing pipeline (3m wide) that runs parallel to the front boundary on the basis that no claim for compensation will be made and the applicant will meet all associated survey and legal costs.

 

The final survey report prepared by Geomat Engineering P/L proposes to extinguish the existing drainage easement, for which no objection has been raised by Council’s Engineering Department.

 

The extinguishment of the easement will not be undertaken until such time as the applicant can produce to Council officers that the creation of the new easement has been done and lodged with the Land and Property Information Office, this will need to be accompanied by a survey of the pipeline to ensure depth and location.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Council Property - Extinguishment of an Easement for Stormwater Drainage - 18-30 Vallance Street St Marys being Lot 66 DP 31909. be received.

2.    Council resolve to extinguish the existing drainage easement burdening 18-30 Vallance Street St Marys being Lot 66 DP 31909, pending the creation of the new easement.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Plan for extinguishment of easement at 18 Vallance Street St Marys

1 Page

Appendix

  


Ordinary Meeting                                                                                                              21 March 2016

Appendix 1 - Plan for extinguishment of easement at 18 Vallance Street St Marys

 

PDF Creator


Ordinary Meeting                                                                                                21 March 2016

 

 

 

11

Appointment of a new Property Development Advisory Panel member   

 

Compiled by:               Andrew Moore, Financial Services Manager

Authorised by:            Vicki O’Kelly, Acting Assistant General Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

The Property Development Advisory Panel (PDAP) was endorsed by Council on 23 February 2015 at Council’s Ordinary meeting to be established as a Section 355 Committee of Council and had their first meeting on 1 May 2015.  The PDAP consists of 4 independent members, Sean O’Toole (Chairperson), Michael Scott, John Elvy and Peter Dransfield.

 

Recently Mr O’Toole was appointed as one of the District Commissioners on the Greater Sydney Commission and has subsequently resigned as a member of the PDAP. Penrith City Council would like to take this opportunity to thank and acknowledge Mr O’Toole’s guidance and expert advice over the past 8 months and also congratulate him on his new role.

 

It is recommended that Mr Angus Dawson, Director - Dawson James Pty Ltd be offered the vacancy that has arisen.  Mr Dawson has extensive strategic property experience both in the private and public sector.  A summary of his qualifications are below.

 

Current Situation

Mr Dawson is Director of Dawson James Pty Ltd which specialises in consultancy providing strategic property, planning, construction and government advisory services. His impressive portfolio covers 30 years’ experience in property development and commercial construction.  He has worked in many senior executive roles both in Australia and in the UK.

 

Mr Dawson has sat on numerous boards, government selection panels and review committees which included:

 

§ Infrastructure Levy Implementation Committee

§ The Premier’s Urban Design Advisory Committee

§ The Rouse Hill Town Centre

§ The Barangaroo assessment panels

§ The inter government task force for the acquisition of BHP’s land holding in Newcastle.

 

He is also a past President and life member of the New South Wales division of the Urban Development Institute of Australia, past chair of the Salvation Army Red Shield Appeal and was a non–executive director of City West Housing.

 

At the last PDAP meeting held 2 March 2016, Mr O’Toole’s resignation as Chair and from the panel was accepted and the vacant position of Chairperson of the PDAP was offered to Mr Peter Dransfield who accepted the role.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Appointment of a new Property Development Advisory Panel member be received.

2.    That the appointment of Angus Dawson to the Property Development Advisory Panel be endorsed.

3.    A letter of thanks be sent to Sean O’Toole to acknowledge his contribution as inaugural Chair of the Property Development Advisory Panel.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                21 March 2016

 

 

 

12

Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council   

 

Compiled by:               Adam Beggs, Acting Senior Governance 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

In late 2014 Council resolved to enter into a Cooperation Agreement to investigate the opportunity for a Regional Strategic Alliance between Penrith, Blue Mountains and Hawkesbury City Councils. The project, while partially a response to the local government reforms instigated by the State Government, was also an initiative from each Council attempting to capitalise on the good will and opportunities that already exist between each Council. As a part of this process a management committee was established consisting of two Councillors and the General Manager from each Council. In addition to this a Working Group to support the Management Committee was established consisting of Senior Staff from each Council.

 

Importantly it was decided by the Management Committee to engage a consultant to facilitate and generate discussion between each Council to draw out some of the synergies, differences and areas of opportunity between each Council that could be further investigated. The other objective of the consultant was to develop and propose to the Management Committee a structure for any potential Regional Strategic Alliance moving forward. This report outlines the outcomes of the work that has occurred through the Management Committee, Working Group and Consultant and recommends that Council enter into a formal Regional Strategic Alliance with Blue Mountains City Council.

Background

In response to Local Government reforms initiated by the State Government and opportunities identified by each council to strengthen existing informal relationships, it was decided to investigate through a management cooperation agreement the possibility of forming a Regional Strategic Alliance with Blue Mountains City Council and Hawkesbury City Council.

 

Through this process the Working Group consisting of senior staff from each Council met regularly to discuss a number of options and opportunities. In addition to this a scoping exercise was undertaken to engage a consultant to facilitate the investigation into a Regional Strategic Alliance.

 

As a result of that process SGS Economics and Planning (SGS) were engaged to provide a number of facilitated workshops, with both the senior staff of each Council and the Management Committee. These workshops identified a number of key issues including

·    Identification of strengths and synergies that already exist

·    Areas of opportunity

·    Elements required to be successful

·    Identification of the desired outcomes; and

·    The governance around the structure of any future entity

 

Current Situation

 

As a part of the brief, SGS were required to undertake a significant amount of research, looking at similar alliances both domestically and internationally to determine best practice cases around the world. This research was undertaken with the local knowledge and information gained over 3 workshops with the Management Committee and Working Group.

 

The culmination of a final report from SGS in October last year resulted in a number of options being put forward for the Management Committee to consider. The preferred model suggested by SGS was an Alliance Board with Service Delivery Company. One justification of the preferred model suggested by SGS was the advantage a company structure has to undertake the business of delivering services. Having a company limited by guarantee operating under the in conjunction with an Alliance Board was considered to be an appropriate structure to bring projects to maturity. In addition to this, the Alliance Board can be quickly established via Section 355 Committee.

 

The preferred model was considered to be fit for purpose and support the desired outcomes, that being to achieve efficiencies and improved quality of services for the region, improve strategic capacity and have a stronger seat at the table in terms of advocacy and promotion. It also allows dual representation from both elected representative and senior council staff. Further details of the justification of this model can be found in the final report prepared by SGS attached to this report.

 

Hawkesbury City Council

 

During the investigation to a potential Regional Strategic Alliance, the State Government announced a number of proposed amalgamations for Councils in NSW. Blue Mountains and Penrith City Council were not subject to any of these proposals. However, Hawkesbury City Council have been proposed for an amalgamation with part of the Hills Shire Council. Due to these circumstances, Hawkesbury City Council advised that while they maintain a strong desire to remain a part of any proposed Regional Strategic Alliance that they would be unable to commit financially until the amalgamation process has been finalised.

 

The Management Committee considered these circumstances and came to a view that the Regional Strategic Alliance should still proceed with both Penrith City and Blue Mountains City Council as members. In view of the circumstances, a clause has been added to the agreement, which permits Hawkesbury City Council to remain as an observer member, and if they do not ultimately face amalgamation that a new agreement would be developed admitting Hawkesbury City Council.

 

Resourcing

 

The consultant has identified a number of resourcing requirements and an indicative budget for the first year of the Alliance. This resourcing requires some in kind support from each Council, particularly relating to senior staff time in respect of the Alliance Board and the Executive Group. The funding required relates to board member expenses and establishment costs, in addition to salaries for part time secretariat, administration support and a CEO for the Delivery Company. The estimated cost in the first year is proposed and itemised in detail in the Final Report attached has been set at $285,000. This cost is to be shared equally between each Council. Should Hawkesbury City Council or any other Council be admitted in the future, these costs will be reviewed.

 

In regards to the funding of the Regional Strategic Alliance, one of the intended objectives will be to generate efficiencies and in turn return real savings back to each Council, through the opportunities that have been identified in this report. It would be envisaged that in time these savings would go well above and beyond the annual investment of each Council.

 

Projects

 

A number of early projects for implementation by the Strategic Alliance have already been identified. One significant project that has been advanced significantly is the establishment of a Regional Tourism Organisation, through funding from Destination NSW. While this project is subject to a grant application, it is a prime example of the opportunities that await the Regional Strategic Alliance.

 

In addition, a number of other early implementation projects have been identified as goals for the Alliance Board and CEO, including joint procurement, shared administrative services and strategic region wide responses to stage government plans.

 

Financial Services Manager’s Comment

 

Should Council endorse the Regional Strategic Alliance proposal the $142,500 required for the first year can be accommodated through the 2016-17 budget development process. Required funds for future years will be added into Council’s base budget.

 

Appointment to the Board

 

Deputy Mayor, Councillor Ross Fowler OAM and Councillor Greg Davies have been Council’s representatives on the Management Committee investigating the potential for a Regional Strategic Alliance. The new agreement stipulates that Council nominate its representatives to sit on the Alliance Board of the Regional Strategic Alliance. It would be appropriate to do this at tonight’s meeting. It should be noted that this process will again have to be undertaken at the start of the new Council term following the local government elections, as is the usual protocol when appointing councillors to boards and committees at the start of each Council term.

 

Next Steps

 

Should the proposed Regional Strategic Alliance be endorsed tonight, Council staff will being to investigate a reporting and meeting program for the Alliance Board. The Alliance Board in consultation with the Council Executive Group would then need to commence the recruitment processes to appropriately resource the Regional Strategic Alliance. It is intended that a detailed communications and marketing plan will be developed by each Council in consultation with the appointed CEO to position the Regional Strategic Alliance as to best achieve the outcomes set by the Alliance Board.

 

Conclusion

 

The completed investigation and decision of the Management Committee to endorse the formal establishment of the Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council, including the provision applicable to Hawkesbury City Council, is a significant milestone in the relationship between each Council. It is intended that the Council will be updated at least annually on the activities and program of the Regional Strategic Alliance into the future.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council be received.

2.    Council formally enter into a Regional Strategic Alliance with Blue Mountains City Council in accordance with the Draft Agreement.

3.    Council contribute $142,500 annually towards resourcing the Regional Strategic Alliance as outlined in the report.

4.    Council nominate two Councillors to be appointed as the Council’s representatives on the Alliance Board until the next Council election.

5.    Council nominate one Councillor to be appointed as an alternate representative on the Alliance Board, should a Councillor delegate be unavailable.

 

 

ATTACHMENTS/APPENDICES

1.  

Draft Agreement

19 Pages

Attachments Included

2.  

Final SGS Report

85 Pages

Attachments Included

  


Ordinary Meeting                                                                                                21 March 2016

 

 

 

13

Tender Reference 15/16-13 Provision of a Performance Management System  

 

Compiled by:               Sandy Davies, Workforce and Workplace Manager

Authorised by:            Vicki O’Kelly, Acting Assistant General Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide a human resources management service that responds to contemporary and emerging workforce and workplace issues through strategy and policy development

      

 

Executive Summary

The tender RFT 15/16-13 Provision of a Performance Management System was advertised in the Western Weekender on 15 January 2016 and Sydney Morning Herald on 19 January 2016 with the tender closing on 11 February 2016.

 

The introduction of an online Performance Management System will provide contemporary best practice and assist managers and supervisors to align staff with council objectives and monitor performance throughout the year and also provide the employee with relevant and timely engagement and feedback.

 

This report advises Council of the outcome of the tender process and recommends that the tender from PageUp People Pty Ltd be accepted for the full scope of works outlined in the tender RFT 15/16-13 Provision of a Performance Management System.

 

Background

 

Employee Opinion surveys undertaken between 2012-2014 showed that staff identified that there were opportunities for the organisation to improve performance management and provide staff with valuable feedback.

 

Currently, Council manages performance with a paper based system that is manually recorded.  This does not always allow clear visibility on several important aspects of best practice performance management particularly regarding systematic measures of quality or productivity linked to strategic planning.

 

Development of srategies to reduce turnover and retain high potential talent is also difficult as there is no systematic profiling of individuals and minimal feedback provided by the current paper based system.

 

The introduction of an online Performance Management system will address these issues and enable management to access all performance measures outlined in the Delivery Program and Operational Plan to the relevant employee.

 

The system will provide staff with a clear understanding of how their work contributes to the objectives of the organisation.

 

 

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Sandy Davies, Workforce and Workplace Manager, Joshua Giblin, Acting HR Coordinator, Andrew Gunner, HR Systems Administrator and Laura Schuil, Supply Officer Contracts.  The evaluation criteria advertised and used in assessing the tenders received included the following:

 

•        Business References

•        Demonstrated Ability

•        Works Method and Program

•        Financials

•        Employment Policies (Apprenticeships)

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health & Safety

 

Business benefits in Relation to Performance

 

By taking the performance system online it will enable the setting of quality objectives and measures, specific to individuals and determine those who are performing to the organisational objectives contained in the Delivery Program. It will also identify staff alignment with council objectives and give the opportunity to identify skill gaps that can be enhanced through training.

 

Initial Tender Review

 

A total of 17 tenders were received and the full listing of the tenders is detailed below in price order (ex GST).

 

Company

Company Location

Directors

3 Year Contract

Empower CS

Suite 3, Level 7,  16-18 Wentworth Street Parramatta NSW 2150 Australia

Salim Sukari

Chaker Khabbaz

No Price Given

Fusion5

Level 16, 60 Albert Street  South Melbourne VIC 3205 Australia

Rebecca Tohill

Christopher Radley

Sven Martin

$75,700

(estimate cost)

Acendre Pty Ltd

Level 2, 600 Victoria Street  Richmond VIC 3121 Australia

Guffa Pty Ltd

Fairfax Media

$124,802

LG Software Solutions Pty Ltd

21/1 Talavera Rd  Macquarie Park NSW 2113 Australia

Geoff Reeves

Thomas Rajanayagam

$129,150

SilkRoad Pty Ltd

Suite 1, Level 20, 68 Pitt Street  Sydney NSW 2000 Australia

Mercedes A.Walton

Michael Forster

Stewart Gollmer

Elise Huang

$144,500

Worldlearn

Level 6, 97 Pirie Street  Adelaide SA 5000 Australia

Damon Zumwalt

Stephen Mirabile

Rajeev Tiwari

$148,800

ELMO Learning Services Pty Ltd

Level 25, 520 Oxford Street  Bondi Junction NSW 2022 Australia

Danny Lessem

$162,500

Global Vision Media Pty Ltd

Level 28, 303 Collins St  Melbourne Victoria 3000 Australia

Peter Hawkins

Susan Marlan

Ishti Latif

$207,700

PageUp People Pty Ltd

Level 10, 91 William Street  Melbourne VIC 3000 Australia

Karen Cariss

Simon Cariss

$225,600

Galbraith & Co

13/167 MACQUARIE STREET  SYDNEY NSW 2000 Australia

Stuart Cole

Bradley Birchall

$237,120

KALTech Group

861 Doncaster Road Doncaster East VIC 3109 Australia

Dr Calvin Kally

$319,607

Everperform Pty Ltd

Level 5, 158 City Road  Southbank Victoria 3006 Australia

Wade Keenan

$330,000

Pinpoint HRM Pty Ltd as Trustee for the Aunger Family Trust

Suite K 450 Chapel St South Yarra Vic 3141 Australia

Craig Aunger

$336,196

NTT DATA Business Solutions (HCM)

Level 8, 124 Walker Street  North Sydney NSW 2060 Australia

Maxwell Edward John White

$359,251

Oracle Corporation Australia

4 Julius Avenue  North Ryde NSW 2113 Australia

 

$516,706

Prometix

L40, Northpoint Tower 100 Miller St North Sydney NSW 2060 Australia

Phil Gee

Leslie Anjan

Rahul Sapre

$560,300

Patch Solutions Pty Ltd

Level 12 301 George Street Sydney NSW 2000 Australia

John Sale

Genalyn Castro

$625,032

 

Tenders submitted by Oracle Corporation Australia, Patch Solutions Pty Ltd and Prometix were in the price range that exceeded the other fourteen tenders and the Tender Evaluation Committee was of the opinion that there was no advantage to give further consideration to these tenders based on pricing against capability of the other tenders submitted. The tenders submitted by Acendre Pty Ltd, Empower CS and Galbraith & Co did not meet the minimum system requirements and were considered as not complying.

 

The submissions by ELMO Learning Services, Everperform Pty Ltd,

Fusion 5, KALTech Group, LG software Solution Pty Ltd, NTT Data Business Solution, Silkroad Pty Ltd were unable to deliver the capability required compared to the final four shortlisted.

 

The remaining tenders information were scored against the response to both system and technical requirement with the top four Global Vision Media, PageUp People, Pinpoint and WorldLearn invited to demonstrate the systems capability as outlined in the response to tender.

 

Following the initial demonstrations by the four providers and taking their submissions into account both Global Vision Media and PageUp were invited to provide a more detailed demonstration.

 

 

The cost of the initial contract of 3 years as well as the optional 2 years + 2 years extension are outlined below.

 

Company

Company Location

Directors

3 Year Contract

3yr+2+2

Global Vision Media Pty Ltd

Level 28, 303 Collins St  Melbourne Victoria 3000 Australia

Peter Hawkins

Susan Marlan

Ishti Latif

$207,700

$367,300

PageUp People Pty Ltd

Level 10, 91 William Street  Melbourne VIC 3000 Australia

Karen Cariss

Simon Cariss

$225,600

$452,000

 

While the tender from Global Vision Media was $17,900 cheaper over the initial 3 year contract period, we were unable to substantiate their support claims as the referees supplied were not located in Australia nor were they based on the performance management component of the solution requested in the tender.  Therefore the submission from PageUp People was selected by the Tender Evaluation Committee as the preferred supplier of the performance management system for reasons outlined below.

 

1.    The system rated the best against outlined system requirements.

2.    The systems appearance was clean, intuitive and looked easier for our diverse workforce to adopt.

3.    The system had a  high degree of customisation which could be facilitated in house.

4.    The system has a mobile solution and the ability to work offline was far superior to other providers and best suited to our outdoor workforce.

5.    The system aligned with our ICT strategies to be delivered via mobile devices using responsive html5 and therefore able to work on all devices owned by Council.

6.    The system is created and developed within Australia.

7.    The knowledge and support are based in Australia

8.    PageUp provided relevant references that strongly endorsed the PageUp product

9.    PageUp already has a working relationship with Empower Masterpay, our existing HRMS so interfaces have already been tried and tested.

 

ICT Manager’s Comments

 

The two short listed products, Global Vision Media (distributor of Saba) and PageUp People, both conform to the current ICT Strategy.

 

While ICT have not undertaken a complete review of user requirements and how these have been satisfied by either solution, a high level assessment indicates either solution could be appropriate.

 

The following differences are seen as the key items of differentiation and would form the basis of the decision to award the contract to PageUp:

 

 

 

 

 

Local Support

 

Throughout the sales process, PageUp utilised Australian based resources for presentations and discussions.  The opposite was experienced for Global Vision Media. The technical presentation and questions were handled by a representative sent from the American Head Office of Global Vision media.  The assessment panel were not confident that appropriate support could be provided in Australia.

 

Mobile Solutions

 

Both vendors offer solution for smart phones and tablets.  Both vendors support IOS and Android.  Only PageUp supports Windows tablets and phones.  The Global Vision Media suggestion is to use a simple browser to utilise their web solution.  This is a cumbersome solution that in the long run is likely to prove to be unsatisfactory.

 

Most enterprise grade vendors, including PageUp, now utilise responsive HTML5 to render consistent but adaptive content across all browsers and devices.  Global Vision Media have indicated they do not utilise HTML5 at this stage but they may look at this in the future without a firm commitment.

 

References

 

Global Vision Media were unable to provide Australian based reference customers. Global Vision Media were only able to provide Australian based references for other products.  The lack of Australian references is of a significant concern. 

 

On the other hand, PageUp were able to provide appropriate Australian references.

 

ICT Manager’s Conclusion

 

Based on the key identified differentiators, ICT would endorse the decision to award the contract to PageUp.

 

Financial Services Manager’s Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on PageUp People Pty Ltd. These checks were completed by corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on the rating by Corporate Scorecard Pty Ltd and Council Officers review, no major concerns were raised as to the ability of PageUp People Pty Ltd to perform the works described.

 

As part of Council’s continued commitment to productivity improvements and savings the December Review included an allocation to a productivity reserve to assist in the investment in new technologies and systems that will help achieve these savings. The Reserve gives Council the ability to fund these initiatives with the savings generated returned to general revenue. It is proposed to fund the initial set up cost of $112,400 from the productivity reserve with ongoing costs being offset by savings generated through productivity.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group (TAG) consisting of Stephen Britten, Chief Governance Officer and Adam Beggs, Acting Senior Governance Officer met to consider the tender for the Provision of a Performance Management System. The TAG supports the process and the recommendations contained within the Report.

 

Conclusion

 

Based on the detailed evaluation and analysis, review of relevant past and current experience, financial analysis and referee checks the Tender Evaluation Committee is of the opinion that PageUp People Pty Ltd has provided the best overall value for money to Council. As such it is recommended that PageUp People Pty Ltd  be recommended as the preferred supplier of a performance management system for a contract sum of $225,600 ex GST for three years.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 15/16-13 Provision of a Performance Management System be received.

2.    PageUp People Pty Ltd be accepted as the preferred tenderer for our performance management system for a contract sum of $225,600 ex GST for a period of three years.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                21 March 2016

 

 

 

14

Transport for NSW - Penrith Station upgrade - Licence of Council Land   

 

Compiled by:               Sue Kane, Secretary - Corporate

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

The NSW Government is proposing a major upgrade of Penrith Station which will include a new station concourse and ticketing facilities, lifts and stairs, new toilets, new bus interchange and facilities for 24 bicycles.

 

Contracts for the final design and construction were executed between Transport for NSW (TfNSW) and the successful tenderer in July 2015. Subsequently community engagement was undertaken late last year on the proposed designs and plans for the station upgrade.  Recently the finalised design has been announced by TfNSW. The project is expected to be completed by the end of 2017.

 

Discussions with TfNSW have been held and they have sought to enter into a licence agreement for the temporary use and occupation of land, that is shortly expected to be transferred to Council from UrbanGrowth NSW, to facilitate the project.

 

This report recommends that Council Officers be authorised to execute the Licence agreement with TfNSW as detailed in this report.

Background

TfNSW initially engaged Council in 2013 on a proposal to upgrade Penrith Station to meet forecast passenger capacity needs for the next 30 years.  This engagement was part of its three phase process to examine operational layouts, construction details and develop concept designs.  In those early consultations we identified a number of principles for the consideration of TfNSW in its concepts for the station upgrade.  These included equity of access, an activated and attractive precinct, improved customer experience for all users, taking advantage of the scenery, heritage preservation, reduced pedestrian / bus conflicts and better connections with the City Centre, Thornton and the River.  These considerations were reiterated in our submission during the recent Community engagement on the design concepts.

 

On 31 July 2014 the then Minister for Transport, Gladys Berejiklian, and Minister Assisting the Premier on Western Sydney, Stuart Ayres, formally announced the upgrade of Penrith Station as part of a $150 million package to upgrade six Western Sydney train stations.  The current proposal for the Penrith Station upgrade proposes a new elevated station concourse with new ticketing facilities, lifts, stairs and toilets, a new bus interchange and facilities for 24 bicycles.  The upgrades also include improved security features such as new CCTV and additional lighting.

 

The design for the upgrade has now been finalised and construction is expected to be completed by the end of 2017.

 

Current Situation

To facilitate the construction of the project TfNSW have request to Licence part of Lot 3012 DP 1184498 (as illustrated in the Appendix to this report) for the purpose establishing a site compound and associated works for the upgrade of Penrith Station.

 

The subject land is currently in the ownership of UrbanGrowth NSW, however it is anticipated to be transferred to Penrith City Council in the coming months.  Hence it is proposed that the Commencement date would be from the time that the responsibility for the land passes to Council, with a termination date of 30 July 2018.

 

Details of the works proposed include:

·    Fencing of the licence area including for pedestrian access to the station

·    Temporary safety installations

·    Demolishing existing infrastructure in the licence area

·    Constructing new pedestrian access ways including passenger lifts and stairs and upgrading the overhead concourse of Penrith Station

·    Lifting construction components utilising mobile cranes

·    Making good the Licence Area upon completion of the upgrade

 

It should be noted that part of the current station infrastructure is located within the subject land along with the planned upgrades.  TfNSW have indicated that they will in the future seek to acquire the part of the land that is utilised for the upgrade of Penrith Station.

 

Discussions have been held in regard to the fee that may be charged for the use of the land as a storage facility for works in accordance with Council’s 2015-16 Fees and Charges.  In consideration of the expected benefits of the upgraded Train station for the public and the improvement of the site it is considered reasonable to enter into the appropriate licence agreement with TfNSW for the use of part of the future Council land being Lot 3012 DP 1184498 to facilitate the upgrade of Penrith Station at a cost of $1.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Transport for NSW - Penrith Station upgrade - Licence of Council Land be received.

2.    A Licence agreement be entered into with Transport for NSW for the use of Council owned land adjacent to Penrith Station, being Lot 3012 DP 1184498 until 30 July 2018, to allow for access to the land to undertake construction works for the upgrade of Penrith Station, for consideration of $1.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Map - Penrith Station

1 Page

Appendix

  


Ordinary Meeting                                                                                                              21 March 2016

Appendix 1 - Map - Penrith Station

 

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Ordinary Meeting                                                                                                21 March 2016

 

 

 

15

Summary of Investments & Banking for the period 1 February 2016 to 29 February 2016   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Acting Assistant General 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 purpose of this report is to provide a summary of investments for the period 1 February 2016 to 29 February 2016 and a reconciliation of invested funds at 29 February 2016.

 

The investment returns for the period are:

·    Council portfolio current yield                            2.93%

·    90 day Bank Bill Swap rate                               2.28%

·    Floating Rate Notes (return for the period)       3.44%

 

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 29 February 2016.

 

 

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 2016 to 29 February 2016 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2016 to 29 February 2016 be noted and accepted.

3.    The graphical investment analysis as at 29 February 2016 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

6 Pages

Appendix

  


Ordinary Meeting                                                                                                              21 March 2016

Appendix 1 - Summary of Investments

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

16      Further report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                77

 

 

 



Ordinary Meeting - Urgent Report                                                                    21 March 2016

 

 

 

16

Further report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park  Applicant:  Hazzouri Property Trust;  Owner:  Hazouri Investments Pty Ltd   

 

Compiled by:               Peter Wood, Acting Development and Environmental Health Manager

Authorised by:            Wayne Mitchell, Executive Manager - Environment & City Development  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities

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

At its Ordinary meeting of 27 October 2014, Council refused Development Application No. DA13/0311 for 42 apartments, 7 townhouses and 71 basement car parking spaces at 119 Glengarry Drive, Glenmore Park. The reasons for refusal primarily related to local character and amenity impacts and insufficient design quality. At its Ordinary meeting of 27 July 2015, Council refused a Section 82A review application (DA13/0311.01) in relation to the proposed development which was revised to include 44 apartments, 6 townhouses and 66 basement car parking spaces. The reasons for refusal of the original Development Application (DA13/0311) were upheld as part of this decision.

 

On 27 April 2015, the proponent filed a Class 1 appeal with the Land and Environment Court in relation to Council’s refusal of DA13/0311. At an initial directions hearing held on 26 May 2015, the Court adjourned consideration of the appeal to enable Council to make a determination in relation to the Section 82A application. Following Council’s refusal of this application, the Court listed the matter for a preliminary Section 34 Conciliation Conference which was held on 23 September 2015 where the key issues of contention were discussed.

 

In the intervening months as part of the ongoing Section 34 conciliation process, the proponent has prepared an amended proposal for the site in response to the key urban design concerns raised by Council’s urban design expert. The revised proposal was notified to adjoining and nearby property owners and residents. The notification was extensive in recognition of the previous significant public interest in the proposal. The public exhibition period for the amended plans was from 26 February to 11 March 2016 in order to meet Court imposed timeframes. In response, Council received 28 public submissions at the time of finalising this report. The following issues of concern regarding the amended proposal were raised in the public submissions:

 

·    Insufficient on-site car parking;

·    Increased traffic congestion and demand for on-street parking within surrounding streets;

·    Inappropriate location within Glenmore Park;

·    Lack of public transport to support the scale of the development;

·    Uncharacteristic built form, scale, density and landscaping opportunities compared to surrounding housing;

·    Impacts on privacy and amenity;

·    Traffic and pedestrian safety impacts;

·    Noise impacts;

·    Impacts on property values; and

·    Insufficient waste management arrangements.

 

These matters have been considered and addressed by this report. The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process. Council now needs to form a position regarding the current Land and Environment Court proceedings by 24 March 2016 when the matter is next before the Court.

 

The option recommended is to seek to finalise the matter by way of the hearing of an application for consent orders. This is considered the most appropriate option given the level of public interest. This option provides the opportunity for resident objectors to make submissions to the Court, which must be considered before entering into any consent orders.

Site and Surrounds

The subject site is situated on the north-western corner of the intersection of Bradley Street and Glengarry Drive in Glenmore Park Stage 2. The site is legally described as Lot 1311 DP 1161827. The site is known as 119 Glengarry Drive, Glenmore Park. A locality plan is provided at Attachment No. 1.

 

The site is irregular in shape and has a land area of 4,482m2. The site is vacant, clear of vegetation and slopes downwards from east to west with an overall cross-fall of approximately 10m.

 

The surrounding area includes a mix of residential development. Single storey and two storey dwelling houses and duplexes adjoin the northern boundary of the site, with dwelling houses immediately beyond to the north and north-east. A four storey residential flat building adjoins the western boundary of the site, with a further three residential flat buildings of a similar scale immediately to the west. The eastern boundary of the site adjoins Glengarry Drive with vacant residential land and two single storey dwelling houses located directly opposite the site. The southern boundary of the site adjoins Bradley Street with vacant residential land located directly opposite the site identified in the Council endorsed Concept Plan for Precinct F of Glenmore Park Stage 2 to be developed for detached dwellings, multi‑unit housing and apartments from east to west along the Bradley Street frontage respectively.

Background

At its Ordinary meeting of 27 October 2014, Council refused Development Application No. DA13/0311 for 42 apartments, 7 townhouses and 71 basement car parking spaces at 119 Glengarry Drive, Glenmore Park. The reasons for refusal primarily related to local character and amenity impacts and insufficient design quality.

 

On 20 March 2015, the proponent (Hazzouri Property Trust) lodged a Section 82A application (DA13/0311.01) seeking a review of Council’s refusal of the proposed development. As part of this application the proposal was modified to include 44 apartments, 6 townhouses and 66 basement car parking spaces with vehicle access to the basement car park via Glengarry Drive (vehicle access to the basement car park was previously via Bradley Street).

 

On 27 April 2015, the proponent filed a Class 1 appeal with the Land and Environment Court in relation to Council’s refusal of DA13/0311. At an initial directions hearing held on 26 May 2015, the Court adjourned consideration of the appeal to enable Council to make a determination in relation to the Section 82A application. At its Ordinary meeting of 27 July 2015, Council resolved that the grounds for refusal of DA13/0311 should be upheld. Following Council’s refusal of this application, the Court listed the matter for a preliminary Section 34 Conciliation Conference which was held on 23 September 2015 where the key issues of contention were discussed.

 

In the intervening months as part of the ongoing Section 34 conciliation process, the proponent has prepared an amended proposal for the site in response to the key urban design concerns raised by Council’s urban design expert. The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process.

Statutory Context

The subject site is zoned R1 General Residential under Penrith Local Environmental Plan (LEP) 2010. Within this zone, multi dwelling housing (including townhouses) and residential flat buildings are permissible with Council consent.

 

The objectives of the R1 zone are as follows:

 

·    To provide for the housing needs of the community.

·    To provide for a variety of housing types and densities.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·    To ensure that a high level of residential amenity is achieved and maintained.

·    To ensure that new development reflects the desired future character and dwelling densities of the area.

 

Under the LEP, multi dwelling housing on the site is subject to a maximum building height standard of 10m. Residential flat buildings on the site are subject to a maximum building height standard of 15m.

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65) applies to the proposal. SEPP 65 aims to improve the design quality of residential flat buildings. The SEPP contains ten Design Quality Principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals. The Residential Flat Design Code provides additional detail for applying the Design Quality Principles contained in SEPP 65.

 

Section E7 (Glenmore Park), Part B - Glenmore Park Stage 2 of Penrith Development Control Plan 2014 also applies to the proposal and includes specific development controls for Glenmore Park Stage 2.

Details of Amended Proposal

The amended plans for the development proposal include the following aspects:

 

·    3 x 2 to 4 storey buildings containing 40 apartments (14 x 1 bedroom, 23 x 2 bedroom and 3 x 3 bedroom) and 2 townhouses (2 x 1 bedroom) addressing Bradley Street;

·    7 x 2 storey townhouses (6 x 3 bedroom and 1 x 2 bedroom) addressing Glengarry Drive;

·    64 basement car parking spaces including 10 visitor car spaces and a platform lift from the basement car park to supplement stairway access points;

·    Vehicle access to the basement via Bradley Street;

·    Centralised communal open space area; and

·    Landscaping and stormwater drainage works.

 

The key amendments from the most recently refused proposal to the revised proposal include:

 

1.   General Aspects

·    A reduction in the number of apartments from 44 to 40.

·    An increase in the number of townhouses from 7 to 9.

·    A reduction in the overall number of bedrooms across the development from 96 to 91.

·    A reduction in the number of basement car parking spaces from 66 to 64.

·    Re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street.

 

2.   Context and Landscape

·    An increase in street setbacks which were previously as close as 1m for apartment balconies (typically 3m to 5m for apartment buildings and approximately 4m to 6m for the townhouses).

·    The apartment buildings incorporate two distinct street setbacks which will provide for varied landscaped treatment along the primary Bradley Street frontage.

·    The separation between the townhouses and neighbouring dwellings has been increased to 3m.

·    A rear setback of between 8m and 16m has been provided from the northern extent of apartment Building A.

·    Proposed setbacks largely comprise deep soil areas with no basement encroachments.

·    Proposed landscaping comprises two rows of trees/shrubs along the rear boundary and street frontages to provide a substantial green backdrop and to screen the proposed buildings.

 

3.   Context, Built Form and Scale

·    The height and scale of the proposed buildings have been substantially reduced by the lowering of the basement (the maximum height of the development has been reduced from 15m to 13m).

·    Apartment Buildings B and C incorporate staggered forms which step in proportion to sloping ground levels to reduce bulk and scale.

·    The widths of apartment Buildings A to C have been reduced and the separating alleyways widened.

·    The scale of the apartment buildings has been lowered by elimination of the previously tall basement podium. Lower storeys are situated only two or three steps above the existing street footpath.

·    The scale of the apartment buildings has been varied. There are four pronounced steps in the silhouettes of Buildings A to C and heights of these buildings vary from four storeys at the site’s south-western corner to two storeys at the intersection of Bradley Street and Glengarry Drive.

·    Buildings addressing Glengarry Drive have a maximum height of two storeys which is contained by a single flat pitched roof plane.

·    The townhouses incorporate a series of staggered rectilinear forms which continue around the southern end of apartment Building C to address the street corner.

·    At the prominent street corner of Bradley Street and Glengarry Drive, a broad splayed opening has been provided between the townhouses and apartment Building C. This presents a landscaped edge to the street and draws the central landscaped open space area out towards the street.

 

4.   Context and Aesthetics

·    The facades of each apartment building vary and street elevations incorporate design elements which moderate and soften scale (e.g. habitable balconies with steel framed supports, panels of louvred screens to entrance lobbies and indoor stairs and sheet cladding for the penthouse storey of apartment Building A).

·    The street elevations of the townhouses have eliminated planar elements which previously accentuated scale and now incorporate screened balconies which provide a varied and partly transparent building edge.

·    The top storey of apartment Building A has been converted to a simple boxed form which significantly reduces the overall building height and provides enhanced architectural coherence with the storeys below.

·    All buildings incorporate more intricate architectural detailing which contributes to the reduction in scale (e.g. apartment buildings are screened by balconies and louvred stair wells which create a softer and more varied foreground to otherwise rectilinear building forms).

 

5.   Amenity within the Development

·    The street address has been enhanced by re-orienting apartments with more than half of the living rooms and entrance lobbies in apartment Buildings A and C rotated or relocated to face Bradley Street.

·    Safety and security within the development has been improved by widening the pedestrian alleyways between apartment Buildings A to C and by providing balconies and windows which overlook the alleyways.

·    Each townhouse has a private stairway direct from the basement.

·    Vertical rises from the basement to each apartment lobby have been compressed and are a maximum of one to one and a half storeys.

·    The potential for social interaction has been enhanced via the re-design of the communal open space area and the pedestrian alleyways and lobbies.

 

6.   Neighbours’ Amenity

·    Re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive.

·    Neighbours along Cooee Avenue will benefit from increased side boundary setbacks together with proposed landscaping along the rear boundary and the re‑orientation of living rooms in more than half of the apartments in apartment Buildings B and C. This will direct occupants’ noise toward the street rather than toward the common open space area and neighbouring properties beyond.

·    Ground levels within the rear common open space area are below existing ground levels of neighbouring properties to minimise potential amenity impacts on adjacent residents.

 

Copies of the architectural and landscape plans for the revised proposal are provided at Attachment No. 2. By way of comparison, copies of the architectural and landscape plans for the most recently refused proposal are provided at Attachment No. 3.

 

Assessment of Amended Plans

An independent architectural and urban design review of the revised proposal has been undertaken by Council’s urban design expert, Mr Brett Newbold. In response to the amended plans, Mr Newbold has advised the following:

 

·    Subject to the provision of privacy screening to the rear of several ground floor apartments, the amended plans have responded appropriately to all concerns regarding urban design which were previously raised in relation to the proposal.

·    In terms of urban design considerations, the amended proposal is substantially superior to the original proposal.

·    In relation to urban design quality and concerns which were raised by the resident objectors, the amended proposal will not compromise the amenity of residential neighbours, will be compatible with surrounding development and contribute to an attractive streetscape.

 

Assessment by Council officers of other technical aspects of the proposal including car parking, waste management and stormwater drainage is currently being undertaken. It is considered, however, that these matters will be capable of being dealt with via minor plan amendments and/or conditions of consent.

 

It should be noted that the revised proposal is compliant with the maximum building height standards applicable to the site (i.e. 10m maximum for the townhouses and 15m maximum for the apartments). The revised proposal also satisfies the requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65).

 

The proposal is compliant with the controls contained in Section E7 (Glenmore Park), Part B - Glenmore Park Stage 2 of Penrith Development Control Plan 2014 with the possible exception of the locational controls for apartments which are open to interpretation. The Urban Structure controls provide that:

 

Higher density forms of housing will be provided along corridor edges, around the Neighbourhood Centre, in good proximity to public transport routes and adjacent to active and passive open spaces

 

The site is in a transitional location between existing higher density housing forms and detached dwellings and the amended proposal responds in scale and form from apartments to townhouses. In relation to the locational controls for apartments (i.e. adjacent neighbourhood centre and major active open space facility), it is noted that the site is in close proximity to the corridor and within approximately 700m walking distance of the estate playing fields (i.e. within a 10 minute walking distance). In addition, bus stop locations are available fronting the site in both Glengarry Drive and Bradley Street. Bus services in the locality commence around 5:30am, generally run at 30 minute intervals in the AM peak, hourly 10am-2pm and every 18-19 mins in the PM peak. It is therefore considered that the intent of the locational controls for apartments has been satisfied.

Public Submissions

The revised proposal was notified to adjoining and nearby property owners and residents. The notification was extensive in recognition of the previous significant public interest in the proposal.

 

Council notified 168 property owners and residents in the surrounding area. The public exhibition period for the amended plans was from 26 February to 11 March 2016. In response Council received 28 public submissions to date objecting to the revised proposal including 11 submissions from Cooee Avenue residents, 3 submissions from Glengarry Drive residents and 3 submissions from Bangalla Parade residents.

 

The issues of concern raised in the public submissions are summarised and considered below.

 

Insufficient on-site car parking

 

Based on the car parking rates contained in Section C10.5.1 (Parking) of Penrith Development Control Plan 2014, the proposal requires 67 on-site car spaces. A total 64 car spaces have been provided. The 3 car space shortfall can be attributed to 3 apartments containing study rooms which have not been counted as third bedrooms by the proponent (3 bedroom units each require 2 car spaces). This matter is capable of being dealt with via minor plan amendments and/or conditions of consent.

 

Increased traffic congestion and demand for on-street parking within surrounding streets

 

Council’s Traffic Officer has raised no objections to the proposal on traffic grounds. Although the proposal will produce a consistent increase in local traffic flow, no adverse traffic generation impacts are expected from the development and it is anticipated that the local road network will have adequate spare capacity to cater for this traffic generation. Vehicular access has been relocated in amended plans to Bradley Street, removing the majority of vehicular movements from Glengarry Drive.

 

In relation to car parking, the proposal is compliant with Council’s parking controls subject to resolution of the mater discussed above.

 

Inappropriate location within Glenmore Park

 

The site is within approximately 300m walking distance of the neighbourhood park (Jacaranda Park) and within approximately 500m walking distance of the estate’s major active open space facility/playing fields (i.e. within a 10 minute walking distance in both instances). In addition, bus stop locations are available fronting the site in both Glengarry Drive and Bradley Street. Bus services in the locality commence around 5:30am, generally run at 30 minute intervals in the AM peak, hourly 10am-2pm and every 18-19 minutes in the PM peak providing ready access to the estate’s neighbourhood centre. It is therefore considered that the site is reasonably located to accommodate higher density housing and has suitable access to public open space amenities and services.

 

 

 

Lack of public transport to support the scale of the development

 

The site has direct access to public transport links given the adjacent Glengarry Drive and Bradley Street bus stops.

 

Uncharacteristic built form, scale, density and landscaping opportunities compared to surrounding housing

 

The issue of neighbourhood character has been given stringent consideration by Council’s urban design expert. The revised proposal is considered to demonstrate reasonable compatibility with existing and proposed developments that define the character and amenity of the surrounding locality. In particular, the following plan amendments have been provided:

 

·    Deep soil setbacks along street frontages have been increased to accommodate more effective landscaping.

·    Building forms have been varied, lowered in height and reconfigured to moderate scale and mass.

·    Amendments in relation to architectural and landscape design promote reasonable compatibility with the predominantly “garden suburb” character of the surrounding locality.

 

Impacts on privacy and amenity

 

The issue of impacts on neighbours’ amenity and privacy has also been given stringent consideration by Council’s urban design expert. In particular, the following plan amendments have been provided to address this concern:

 

·    Re-location of the proposed driveway from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive and consolidate arrivals and departures along a collector road.

·    With regard to visual impacts, neighbours along Cooee Avenue and Glengarry Drive will benefit from the increased setbacks and landscaping together with the changes to dwelling layouts and building forms.

 

Traffic and pedestrian safety impacts

 

The proposed vehicular access driveway is approximately 100m from the roundabout at the intersection of Bradley Street and Glenmore Ridge Drive and approximately 80m from the roundabout at the intersection of Glengarry Drive and Bradley Street. This arrangement satisfies sight distance requirements in the prevailing 50km/h speed zone.

 

The basement car park has been designed to enable vehicles to enter and exit the basement in a forward direction which will ensure pedestrian safety is maximised. In relation to the Bradley Street bus stop, although a portion of the basement driveway is adjacent to the indented bus bay, it is acceptable for buses to pass in front of driveways for the ‘draw out’ component of their manoeuvre.

 

Noise impacts

 

The development is of a residential character and is therefore not expected to generate unreasonable noise impacts. Furthermore, the re-location of the vehicular access point to the basement from Glengarry Drive to Bradley Street will provide significant acoustic benefits for residents along Glengarry Drive.

 

Impacts on property values

 

There is no evidence available to support this claim and it is not a planning consideration sufficient to justify refusal of the proposal.

 

Insufficient waste management arrangements

 

The proposed waste management arrangements are an improvement to the previous proposal however remain unsatisfactory at this stage. This matter is capable of being dealt with via minor plan amendments and/or conditions of consent.

Conclusion

The amended plans for the proposal have been publicly exhibited to enable adjoining and nearby residents to have the opportunity to make further submissions in relation to the proposal. The outcome of this process was that a total of 28 public submissions objecting to the revised proposal were received by Council at the time of finalising this report. The issues of concern raised in the public submissions have been considered and addressed by this report.

 

The timeframes for the assessment of the amended plans, public exhibition process and reporting of this matter to Council have been imposed by the Land and Environment Court as part of the ongoing Section 34 conciliation process. Council now needs to take a position regarding the current Land and Environment Court proceedings by 24 March 2016 when the matter is next before the Court. In this regard expert legal and urban design advice is provided under separate cover with the options available to Council.

 

The option recommended is to seek to finalise the matter by way of the hearing of an application for consent orders. This is considered the most appropriate option given the level of public interest. This option provides the opportunity for resident objectors to make submissions to the Court, which must be considered before entering into any consent orders.

 

RECOMMENDATION

That:

1.    The information contained in the report on Further report on Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park be received.

2.    Those individuals who made a submission be advised of the consideration given to their concerns, and the outcome of Council’s position before the Land and Environment Court.

3.    Council’s Lawyers be instructed to seek to finalise the matter by way of the hearing of an application for consent orders.

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Revised Proposal Plans

4 Pages

Attachments Included

3.  

Refused Proposal Plans

4 Pages

Attachments Included

   



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday March 21 2016

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        North South Rail                                                                                                                 2

 

 

 


Ordinary Meeting                                                                                                21 March 2016

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 2

 

2        North South Rail 

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.

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Class 1 Land and Environment Court Appeal - Refused Development Application DA13/0311 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park

Attachments:           Locality Plan

                                Revised Proposal Plans

                                Refused Proposal Plans



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - Locality Plan

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 2 - Revised Proposal Plans

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 3 - Refused Proposal Plans

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Expansion of Complying Development Submission

Attachments:           Expansion of Complying Development Submission



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - Expansion of Complying Development Submission

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Queen St, Streetscape Improvement Project, Update

Attachments:           March Queen St Newsletter

                                Feb 16 Revised Program

                                Photo Montage View 1

                                Photo Montage View 2

                                Photo Montage View 3

                                Queen St Proposed Tree Species



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - March Queen St Newsletter

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 2 - Feb 16 Revised Program

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 3 - Photo Montage View 1

 

 

 



Ordinary Meeting                                                                                                              21 March 2016

Attachment 4 - Photo Montage View 2

 

 

 



Ordinary Meeting                                                                                                              21 March 2016

Attachment 5 - Photo Montage View 3

 

 

 



Ordinary Meeting                                                                                                              21 March 2016

Attachment 6 - Queen St Proposed Tree Species

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2015/16

Attachments:           Grant Funding Offer - Penrith CBD Catchment Floodplain Risk Management Study and Plan

                                Grant Funding Offer - St Marys (Byrnes Creek) Floodplain Risk Management Study and Plan



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - Grant Funding Offer - Penrith CBD Catchment Floodplain Risk Management Study and Plan

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 2 - Grant Funding Offer - St Marys (Byrnes Creek) Floodplain Risk Management Study and Plan

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Circus Policy relating to circuses operating with non-domesticated exotic circus animals within the Local Government Area

Attachments:           Standards for Exhibiting Circus Animals in NSW

                                Exhibited Animals Protection Regulation 2010

                                RSPCA Policy C02 Performing Animals

                                Draft Circus Policy



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - Standards for Exhibiting Circus Animals in NSW

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 2 - Exhibited Animals Protection Regulation 2010

 

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Ordinary Meeting                                                                                                              21 March 2016

Attachment 3 - RSPCA Policy C02 Performing Animals

 


Ordinary Meeting                                                                                                              21 March 2016

Attachment 4 - Draft Circus Policy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            2016 National General Assembly of Local Government

Attachments:           National General Assembly Discussion Paper

                                NGA Program



Ordinary Meeting                                                                                                              21 March 2016

Attachment 1 - National General Assembly Discussion Paper

 

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Ordinary Meeting                                                                                                              21 March 2016

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 21 March 2016

Report Title:            Regional Strategic Alliance between Penrith City Council and Blue Mountains City Council

Attachments:           Draft Agreement

                                Final SGS Report



Ordinary Meeting                                                                                                     21 March 2016

Attachment 1 - Draft Agreement

 

  

strategic alliance

management AGREEMENT

 

This deed made the <<insert date>> between the councils of

 

1.         BLUE MOUNTAINS CITY COUNCIL of 2-6 Civic Place, Katoomba (Blue Mountains);

 

2.         PENRITH CITY COUNCIL of Civic Centre, 601 High Street, Penrith, NSW (Penrith)


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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BACKGROUND

A.        The Councils have responsibilities under the Local Government Act 1993 with respect to the provision of effective, efficient and sustainably responsible goods, services and facilities to their local communities within their local government areas.

B.        The NSW State Government, through the Destination 2036 Project, initiated the review of the Local Government sector. This review was led by the Independent Local Government Review Panel (ILGRP) and its final report was delivered in October 2013 which highlighted the need to reform the local government sector to ensure that local government bodies were to remain relevant and financially viable. This body of work ultimately resulted in the introduction of the Fit for the Future (FFTF) reform package which aims to help councils take the next steps towards positive change to become a ‘fit for the future council’. The purpose of the FFTF program is to assist councils assess, prepare and review and implement roadmaps to becoming a fit for the future council with respect to increased strategic capacity.

C.        The NSW State Government has introduced the “A Plan for Growing Sydney” (the “Plan”). In particular, there is a focus on subregional planning. Subregional planning will promote good planning principles and the efficient use of land and infrastructure. Better planning outcomes around major infrastructure projects will significantly benefit from improved coordination between local councils and State agencies.

D.        There is a shared interest in shaping the destiny of both the planning and the governance of each Council and the broader region. The Councils collectively confront the same big issues, and a Regional Strategic Alliance would assist in better dealing with these issues. Likewise, across the region each Council, when in co-operation with one another, has lots to offer and contribute to both the local area as well as to the broader subregion. Taking advantage of the benefits that arise from each of these regional attributes and the Council’s commonality with one another, serves a strong purpose to enter into a Regional Strategic Alliance.

E.        The Regional Strategic Alliance purpose and vision with the support of each Council is to implement the opportunities arising from investigating and/or initiating sub-projects and programs that align too but not limited to the following themes:

 

·    Optimise State and Regional Planning

·    Strengthen regional advocacy and funding

·    Formalise and strengthen organisational effectiveness

·    Maximise opportunities and innovation (including exploring shared services)

·    Create regional advantage and relevance to industry, State and Commonwealth Government and even internationally

·    Consideration of governance structures

F.        The Councils wish to enter the Regional Strategic Alliance from the Commencement Date of this Agreement, in the manner contemplated by this Agreement and on the terms and conditions contained in this document.

G.        For that purpose the Councils have agreed to act jointly pursuant to section 355 of the Local Government Act 1993 and enter into a Regional Strategic Alliance.

H.        The Councils agree to co-operate with each other during the term of this Agreement and to use their best endeavours to ensure that the Regional Strategic Alliance achieves the objectives of enhancing each Council’s local government areas and its broader subregion.

I.         The Agreement acknowledges that additional local government authorities may wish to become members of the Regional Strategic Alliance and additional State Government agencies may wish to contribute to the Regional Strategic Alliance at times.

J.         The Agreement acknowledges that Hawkesbury City Council are currently proposed by the State Government for amalgamation with part of the Hills Shire Council. Hawkesbury City Council has indicated its intention to be a party to this Strategic Alliance, but the current proposals do not enable this to happen at this point. This Agreements notes that should the proposal outlined above not proceed that both Penrith City Council and Blue Mountains City Council will immediately terminate this agreement and sign a new agreement with similar terms admitting Hawkesbury City Council to the Regional Strategic Alliance.


OPERATIVE PROVISIONS

1.      DEFINITIONS AND INTERPRETATION

Words used in this document and the rules of interpretation that apply are set out and explained in this clause.

1.1    Interpretation

In this Agreement unless the context otherwise requires:

(a)   clause and subclause headings are for reference purposes only;

(b)        reference to a person includes any other entity recognised by law and vice versa;

(c)   the singular includes the plural and vice versa;

(d)  words implying one gender include every gender;

(e)        where a word or phrase is defined its other grammatical forms have a corresponding meaning;

(f)        any reference to any of the councils by the defined terms includes that councils’ executors, administrators or permitted assigns or, being a company, its successors or permitted assigns;

(g)        any reference to any agreement or document includes that agreement or document as amended at any time;

(h)       the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

(i)         the expression at any time includes reference to past, present and future time and the performance of any action from time to time;

(j)         an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

(k)