Council_Mark_POS_RGB

17 August 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 22 August 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 Greg Davies - 15 August 2016 to 23 August 2016 inclusive.

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 25 July 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

Passing of Bernard Smith.

Passing of Sir Ian Turbott.

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 1 August 2016.

Policy Review Committee Meeting - 8 August 2016.

Policy Review Committee Meeting - 15 August 2016.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 22 August 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


 

 

 

Executive Manager Community Vicki O’Kelly


Assistant General Manager Craig Butler

General Manager
Alan Stoneham
Her Worship the Mayor Councillor Karen  McKeown


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

(7.00pm)

 

 

 

19

(7.00pm)

 

29@

21

18v

23#

27*

25

22@

26^ü

(7.00pm)

24

28#+

 

Policy Review Committee

7.00pm

 

15

14

 

9

20

11

8

 

10

14

12

 

 

 

 

 

6

 

15

 

 

 

 

 

 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 25 JULY 2016 AT 7:41PM

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, Mark Davies, Maurice Girotto, Jackie Greenow OAM, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

178  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM that the Leave of Absence be granted to Councillor Tricia  Hitchen for the period 21 July 2016 to 29 July 2016 inclusive.

 

APOLOGIES

179  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that an apology be received from Councillor Ben Goldfinch.

 


CONFIRMATION OF MINUTES - Ordinary Meeting - 27 June 2016

180  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 27 June 2016 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Penrith Business Alliance as he is an appointed director of the PBA.

 

Procedural Motion

181  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the Mayoral Minutes be brought forward to be considered immediately before the public address the meeting.

 

 

 

 

Mayoral Minutes

 

1        Youth Mayor Program 2016

Councillors Ross Fowler OAM, John Thain, Kevin Crameri OAM and Aitken OAM spoke in support of the Mayoral Minute.

         

182  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Youth Mayor Program 2016 be received.

 

Billie Kuczynski of Cranebrook High School, elected as the Youth Mayor, Alannah Hader of Caroline Chisholm College and Niamh O’Keefe of Emmaus Catholic College elected the Deputy Mayors spoke in support of the Youth Mayor Program.

 

2        National Quality Standards - Outstanding Ratings for Council's Children's Services

Councillors Ross Fowler OAM, Michelle Tormey and John Thain spoke in support of the Mayoral Minute.

         

183  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on National Quality Standards - Outstanding Ratings for Council's Children's Services be received.

 

SUSPENSION OF STANDING ORDERS

184  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 8:13pm.

 

Mr Cameron Lamb

 

Item 4 – Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa Applicant: CCL Development Pty Ltd;  Owner: ~A.Vianello

 

Mr Lamb, the applicant, spoke in support of the proposed development application and outlined that the area will be built around the sense of home and community. Mr Lamb then expressed that affordable good value home sites will be developed and explained the project delivery timeframes to the Councillors. Mr Lamb then explained that apartment blocks will not be built on the land as there is not enough space available to accommodate this. Mr Lamb concluded by expressing the positive outcome of the proposed development and that construction will start when the development application is approved.

 

Mr Alex Karavas

 

Item 14 – Unsolicited Proposal to Purchase Council-Owned Land - St Marys

 

Mr Karavas, an interested citizen and business owner, spoke against the proposed recommendation and stated his concern of the process not being followed that was outlined to the community previously. Mr Karavas the expressed his concerns about the impact this will have on small business owners within St Marys Town Centre. Mr Karavas concluded by expressing his concerns on the timing of the proposal and the process involved with the reclassification.

 

RESUMPTION OF STANDING ORDERS

185  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Prue Car MP that Standing Orders be resumed, the time being 8:25pm.

 

   Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 8 June 2016                                                                                                                                     

186  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 June, 2016 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 4 July 2016                                                                                                                            

187  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 July, 2016 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 6 June 2016                                                                                                                           

188  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 6 June, 2016 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 11 July 2016                                                                                                                            

189  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 July, 2016 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith Business Alliance                                                                                                

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

That:

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

2.    Council endorse legal proceedings commencing to seek to compel the PBA to provide Council access to their financial records and pursue the recovery on any unspent public monies

Councillor Greg Davies requested that names be recorded.

For

Against

Councillor John Thain

Councillor Marcus Cornish

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Michelle Tormey

 

 

2        Reserve Street, Penrith - Request for Proposal (RFP 1516-01)

Councillors Michelle Tormey left the meeting, the time being 8:42pm

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

191  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Reserve Street, Penrith - Request for Proposal (RFP 1516-01) be received.

2.     Council accept Greengate as the Preferred Proponent and we enter into discussions that establishes the formal terms of the agreement.

3.     It be expressed to Greengate that Council does not intend to be bound until formal legal documentation has been agreed by resolution of the Council and it has been formally signed.

Councillor Greg Davies requested that names be recorded.

For

Against

Councillor John Thain

Councillor Marcus Cornish

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Michelle Tormey

 

 

Outcome 2 - We plan for our future growth

 

3        Sydney Science Park Voluntary Planning Agreement                                                  

192  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Sydney Science Park Voluntary Planning Agreement (VPA) be received;

2.    Council adopt the Sydney Science Park VPA shown at Attachment 1 to this report;

3.    The draft Sydney Science Park VPA be publicly notified in accordance with the requirements of the  Environmental Planning and Assessment Act, 1979;

4.    Upon commencement of the public notification of the VPA, the Planning Proposal for Sydney Science Park be forwarded to the Minister for Planning and Environment with a request that the Minister make the Plan in accordance with the Environmental Planning & Assessment Act, 1979;

5.    Council authorise the General Manager to sign the VPA upon conclusion of the public notification of the Agreement and to make any minor amendments necessary to ensure its legality (e.g. typographic errors, dates, etc.); and

6.    The Department of Planning be notified of the signing of the VPA and Council’s register of VPAs and website be updated to record the Agreement.

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

For

Against

Councillor John Thain

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Michelle Tormey

 

Councillor Marcus Cornish

 

 

4        Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa Applicant: CCL Development Pty Ltd;  Owner: ~A.Vianello                                                                                                                         

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

That:

1.    The information contained in the report on Glenmore Park Stage 2 Precincts G & H Concept Plan & Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa be received.

2.    The Glenmore Park Stage 2 Precincts G & H Concept Plan be endorsed and adopted by Council, subject to a requirement that footpaths be provided on both sides of all roads, apart from laneways and the road verges on the outer perimeter of Precincts G and H.

3.    Development Application No. DA15/1469 for Staged Torrens Title Subdivision x 75 Residential Lots, 2 Residue Lots & Public Roads at Lot 4 DP 226490 & Lot 1 DP 224861, (No. 2183a) The Northern Road, Mulgoa be determined under delegated authority.

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

For

Against

Councillor John Thain

 

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Jackie Greenow OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Michelle Tormey

 

Councillor Marcus Cornish

 

 

5        Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys Applicant: Cityscape Planning & Projects;  Owner: ~James Gill & Sons Pty Ltd                                          

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

That:

1.    The information contained in the report on Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys be received

2.    Development Application No. 16/0484 for Occupation and Fitout for a Place of Worship at Lot 1 DP 784563 (No. 91) Queen Street, St Marys be approved subject to the following conditions of consent:

2.1 Standard Conditions

A001 - Approved plans

A019 – Occupation Certificate

A026 – Advertising Sign

A038 – Lighting Locations

B003 – Asbestos

D009 – Covering of Waste Storage Area

D010 – Appropriate disposal of excavated or other waste

D014 – Plant and equipment noise.

E002 - BCA Issues to be Addressed

E009 - Annual fire safety-essential fire safety

E01A - BCA compliance for Class 2-9

Special Conditions

 

2.2     The following measures should be incorporated into the development where appropriate to enhance security:

 

External entry/exit and storage areas are to be well secured and well lit.

Provide lockable gates on side and rear access.

CCTV must be provided at appropriate locations including but not limited to pedestrian access points at both street frontages, the stair entry and basement parking area. Cameras must be of sufficient standard to be useful for police in the event of criminal investigations. Lighting should be provided to support cameras at night (alternatively infra-red cameras are recommended).

 

2.3       There are to be no more than 80 people on the premise (Place of        Worship) at any given time.

 

2.4       During operational hours of the worship services at the Place of Worship, all doors and windows are to remain closed.

 

2.5       The operating hours of the worship services associated with the Place of Worship are restricted to:

 

Tuesday - 7:30pm to 9.00pm

Wednesday - 7:30pm to 9.00pm

Saturday - 2:30pm to 9.00pm

          The operation of the Place of Worship at other times for                        administration and small prayer groups are restricted to:

7 days a week from 7.00am to 9.00pm

 

                          All patrons must be vacated from the adjoining public car park by                         9:30pm

 

2.6       No amplified music is to be played within the Place of Worship.

 

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

For

Against

Councillor John Thain

Councillor Jackie Greenow OAM

Councillor Bernard Bratusa

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Prue Car MP

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Michelle Tormey

 

Councillor Marcus Cornish

 

 

Outcome 3 - We can get around the City

 

6        Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations                                                                                                                       

195  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

1.    The information contained in the report on Australian Government Blackspot and NSW Safer Roads Program - 2017/18 Nominations be received.

2.    Council note the eight projects listed in Table 1 of this report are to be submitted to the Roads and Maritime Services for funding under the Australian Government Blackspot Program and NSW Safer Roads Program 2017/18.

3.    The Roads and Maritime Services be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in Table 2 of this report.

 

8        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017                                                                                                          

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

That:

1.    The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2016 - 2017 be received.

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

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

 

9        Roads and Maritime Services (RMS) 2016/17 Road Funding Grants                          

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

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2016/17 Road Funding Grants be received.

2.    The RMS 2016/17 Program Funding Block Grant of $1,127,000 be accepted.

3.    The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2016/17”.

 

 

 

 

10      Roads and Maritime Services (RMS) 2016/17 REPAIR Program  (Rehabilitation) Road Funding Grant                                                                                                          

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

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2016/17 REPAIR Program  (Rehabilitation) Road Funding Grant be received.

2.    Council accept the grant of $150,000, offered under the 2016/17 Roads and Maritime Services REPAIR Program, for the reconstruction of Dunheved Road between Trinity Drive and Tasman Street, Cambridge Gardens.

3.    Council accept the grant of $150,000, offered under the 2016/17 Roads and Maritime Services REPAIR Program, for the reconstruction of the road pavement at the roundabout at the intersection of Forrester Road and Christie Street, St Marys.

 

7        2016-17 Safer Roads Program - Acceptance of Project Funding

 

Councillor John Thain left the meeting, the time being 9:23pm

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

That:

1.    The information contained in the report on 2016-17 Safer Roads Program - Acceptance of Project Funding  be received.

2.    Council accept grant funding of $500,000 for the Safer Roads Program -Cycling Safety Project shown in Table 1, under the 100% State funding program for 2016/17 financial year.

3.    Council write to the Minister for Roads, Maritime and Freight, and Local Members thanking them for their continued support of road safety and cycling improvements.

 

Outcome 4 - We have safe, vibrant places

 

11      RFT 15/16-14 Alterations and Associated Works, Emu Plains                                    

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

That:

1.    The information contained in the report on RFT 15/16-14 Alterations and Associated Works, Emu Plains  be received

2.    The tender for the construction works for Alterations and Associated works at Emu Plains for the amount of $285,850.00 (ex GST) from Auscorp Constructions Pty Ltd be accepted.

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

 

13      Union Road, Penrith - Request for Proposal                                                                 

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

That:

1.    The information contained in the report on Union Road, Penrith - Request for Proposal be received.

2.    Council proceed with the Request for Proposal stage for Union Road, Penrith.

 

12      RFT 15/16-18 Triangle Park, Public Amenities

Councillor John Thain returned to the meeting, the time being 9:25pm.                                     

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

That:

1.    The information contained in the report on RFT 15/16-18 Triangle Park, Public Amenities be received.

2.    The tender for the construction works for Alterations and Associated works at Triangle Park Amenities for the amount of $143,760.00 (ex GST) from The Almar Group Pty Ltd trading as API Commercial be accepted.

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

 

14      Unsolicited Proposal to Purchase Council-Owned Land - St Marys                          

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

That:

1.    The information contained in the report on Unsolicited Proposal to Purchase Council-Owned Land - St Marys be received

2.    Council determine to deal in the land that is subject to the Unsolicited Request

3.    Council authorise the progression to Stage 5 of the Unsolicited Request as detailed in the report

4.    Final negotiated commercial terms be reported back to Council for consideration prior to 28 February 2017

5.    Council consult with interested stakeholders as the proposal is developed and undergoes further assessment.

 


 

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

 

15      Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown

Councillor Jackie Greenow OAM left the meeting, the time being 9:45pm.                                

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

That:

1.    The information contained in the report on Works on Private Land – Lot 2 DP 30354 – 66-76 Tench Avenue, Jamisontown be received.

2.    Council agree to the work to be undertaken on private property in accordance with the terms in the report and that no charge be made to the owners of Lot 2 DP 30354, 66-76 Tench Avenue, Jamisontown.

3.    Council endorse a licence agreement between the landowners of Lot 2 DP 30354, 66-76 Tench Avenue, Jamisontown and Council for the use of private land and associated works in accordance with the terms in the report, and the General Manager be given authority to enter into the licence agreement.

 

Outcome 7 - We have confidence in our Council

 

16      Proposed Permanent Road Closure of Part of Quigg Place, Orchard Hills and a Land Swap with Montgrove College                                                                               

205  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Proposed Permanent Road Closure of Part of Quigg Place, Orchard Hills and a Land Swap with Montgrove College be received.

2.    Council approve the permanent road closure of Part of Quigg Place, Orchard Hills.

3.    Council submit a road closure application over Part of Quigg Place, Orchard Hills to Department of Primary Industry – Crown Lands Division as outlined in the report.

4.    Council approve for the land to be classified as ‘operational’ upon notification of gazettal of the road closure.

5.    Subject to Development Consent and registration of a linen plan, Council approve the transfer of land between Montgrove College and Penrith Council.

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

 


 

 

17      Insurance Renewals 2016-17                                                                                           

206  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Insurance Renewals 2016-17 be received

2.    Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $738,000 to Westpool for liability cover.

3.    Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $397,000 to United Independent Pools.

 

4.    Council retain its $2,000 excess and agree to pay UIP a contribution of $172,000 to the comprehensive motor vehicle insurance pool.

 

19      Audit Committee                                                                                                                

207  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa that the information contained in the report on Audit Committee be received.

 

20      Torrens Title Subdivision of two existing lots to create four residential lots- Bennett Road, St. Clair                                                                                                     

208  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Torrens Title Subdivision of two existing lots to create four residential lots- Bennett Road, St. Clair be received

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

 

21      Summary of Investments & Banking for the period 1 June to 30 June 2016.            

209  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 June to 30 June 2016. be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 June to 30 June 2016 be noted and accepted.

3.    The graphical investment analysis as at 30 June 2016 be noted.

4.    The Agency Collection Methods as at 30 June 2016 be noted.

 

18      Outcomes of Council Delegation to Asia - April/May 2016

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:50pm.                   

210  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Outcomes of Council Delegation to Asia - April/May 2016 be received.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Increasing Rates        

Councillor Marcus Cornish requested a reply memo to all Councillors investigating how many properties rates have doubled in 2016 compared to 2015. Such as 434-441 Clifton Avenue Kemps Creek, 2178, from $310.60 to $841.90 per quarter, an increase of 271%.

 

Councillor Marcus Cornish left the meeting, the time being 9:56pm and did not return.

 

UB 1           Fencing of Cranbrook Dog Off Leash Area - Boundary Road

Councillor Michelle Tormey requested that an amount of $39,000 be allocated from North Ward voted works to install a chain wire fence around the perimeter of the park.             

211  RESOLVED on the MOTION of Councillor Michelle Tormey 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.

 

212  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Ross Fowler OAM than an amount of $39,000 be allocated from North Ward voted works to cover the cost of installing chain wire fencing around the perimeter of Cranebrook Dog Off Leash Area at Boundary Road, Cranebrook.

 

Councillor Jim Aitken OAM left the meeting, the time being 9:58pm.

 

Councillor Greg Davies left the meeting, the time being 9:59pm.

 

Councillor Jim Aitken OAM returned to the meeting, the time being 10:00pm.

 

RR 2           Waste Facility - Blacktown Council     

Councillor Maurice Girotto requested a report back to Council investigating a current SSD application with the Minister for Planning for a high temperature incinerator proposal within Blacktown Council and the impact this will have on the Penrith LGA.

 

RR 3           Condition of Londonderry Road

Councillor Kevin Crameri OAM requested a reply memo to all Councillors providing information on the state of Londonderry Road near Parker Street, Londonderry.

 

Councillor Maurice Girotto left the meeting, the time being 10:05pm.

 

Councillor Greg Davies returned to the meeting, the time being 10:06pm.

 

Councillor Maurice Girotto returned to the meeting, the time being 10:07pm.

 

RR 4           Pile of furniture and Rubbish - Llandilo       

Councillor Kevin Crameri OAM requested a reply memo to all Councillors providing information on the pile of furniture and rubbish left on Seventh Avenue Near Terrybrook Road, Llandilo.

 

RR 5           Legality of Parking Spaces         

Councillor Kevin Crameri OAM requested a reply memo to all Councillors providing information on the legality of parking spaces marked for ‘People with Prams’.

 

RR 6           Queen Street    

Councillor Bernard Bratusa requested a report back to a Councillor Briefing providing the assessment paper on the affordability of Council funding or co-funding the re-painting of all shop front signage as compensation for the unforeseen delay in the refurbishment program.

 

RR 7           Greyhound Industry  

Councillor Bernard Bratusa requested a report back to a Councillor Briefing outlining the impacts of NSW Governments decision to close the industry as of 1 July 2017 on local trainers, land owners, breeders, the Richmond Greyhound Club including an economic impact study. Also if Council could provide any assistance with rezoning or other matters.

 

RR 8           DA 13/0311- Glengarry Drive Site        

Councillor Bernard Bratusa requested a reply memo back to all Councillors providing information on DA13/0311, Glengarry Drive site that is on the market. Including confirmation that Council is the authority over the development and that Council will actively ensure that all aspects of the DA are complied with. 

 

UB 2           Greyhound Industry  

Councillor Prue Car MP requested that Council write to the NSW Premier, Mike Baird expressing concerns over the decision to ban the Greyhound Industry, particularly given the impact this will have on trainers, breeders, owners and businesses in the Penrith LGA.

213  RESOLVED on the MOTION of Councillor Prue Car MP seconded Councillor Greg 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.

 

214  RESOLVED on the MOTION of Councillor Prue Car MP seconded Councillor Greg Davies that a letter be sent to the NSW Premier, Mike Baird expressing concerns over the decision to ban the Greyhound Industry, particularly given the impact this will have on trainers, breeders, owners and businesses in the Penrith LGA.


 

 

Committee of the Whole

 

that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:24pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor John Thain seconded Councillor Maurice Girotto that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Commercial Matter - Council Property - Assignment of Lease from Anglicare to Anglican Community Services at Suite G02, 114-116 Henry Street Penrith - Community Connections Building                                                                                  

 

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

 

3        Commercial Matter - Council Property - Assignment of Lease over Shop 9, Allen Arcade, 140-142 Henry Street Penrith to Robert Ollis Trading As Master Coaching

 

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

 

4        Commercial Matter - Torrens Title Subdivision of two existing lots to create four residential lots- Bennett Road, St. Clair

 

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

 

5        Commercial Matter - Creation of easement over Council Land - 22 Thurston Street Penrith (known as Lot 19 Sec C DP 978488) benefiting 2B Hemmings Street Penrith (known as Lot B DP 158478)                                                                                            

 

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

 

 

6        Commercial Matter - Lease and Sale of Land to Roads and Maritime Services for Stage 3 Upgrade Works to The Northern Road                                                             

 

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

 

The meeting resumed at 10:29pm and the General Manager reported that the Committee of the Whole met at 10:24pm on 25 July 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, Greg Davies,  Mark Davies, Maurice Girotto, Jackie Greenow OAM, 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

 

2        Commercial Matter - Council Property - Assignment of Lease from Anglicare to Anglican Community Services at Suite G02, 114-116 Henry Street Penrith - Community Connections Building                                                                                  

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

CW2 That:

1.    The information contained in the report on Commercial Matter - Council Property - Assignment of Lease from Anglicare to Anglican Community Services at Suite G02, 114-116 Henry Street Penrith - Community Connections Building be received

2.    Council approve the proposed assignment of lease from Anglicare Sydney to Anglican Community Services in accordance with the terms and conditions outlined in this report

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

 

3        Commercial Matter - Council Property - Assignment of Lease over Shop 9, Allen Arcade, 140-142 Henry Street Penrith to Robert Ollis Trading As Master Coaching

216  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

CW3 That:

1.    The information contained in the report on Commercial Matter - Council Property - Assignment of Lease over Shop 9, Allen Arcade, 140-142 Henry Street Penrith to Robert Ollis Trading As Master Coaching be received


2.    Council approve the proposed lease assignment request from MC Tuition Pty Ltd to Master Coaching as outlined in this report

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

 

4        Commercial Matter - Torrens Title Subdivision of two existing lots to

          create four residential lots- Bennett Road, St. Clair 

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

          CW3 That:

1.    The information contained in the report on Commercial Matter - Torrens Title Subdivision of two existing lots to create four residential lots- Bennett Road, St. Clair be received

          Note. The Council’s substantive resolution on this matter was made at Item 20.

 


5        Commercial Matter - Creation of easement over Council Land - 22 Thurston Street Penrith (known as Lot 19 Sec C DP 978488) benefiting 2B Hemmings Street Penrith (known as Lot B DP 158478)                                                                                            

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

CW4 That:

1.    The information contained in the report on Commercial Matter - Creation of easement over Council Land - 22 Thurston Street Penrith (known as Lot 19 Sec C DP 978488) benefiting 2B Hemmings Street Penrith (known as Lot B DP 158478) be received;

2.    Council grant an easement for drainage purposes over Council owned land at 22 Thurston Street Penrith known as Lot 19 Sec C DP 978488, benefiting 2B Hemmings Street Penrith known as Lot B DP 158478 and other private beneficiaries to the easement;

3.    The Proponent pay compensation to Council as per the amount noted within this report for the granting of the easement over 22 Thurston Street Penrith known as Lot 19 Sec C DP 978488;

4.    The Proponent be responsible for all costs associated with the construction of drainage infrastructure and registration of the easement;

5.    The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement on Council’s title to the land.

 

6        Commercial Matter - Lease and Sale of Land to Roads and Maritime Services for Stage 3 Upgrade Works to The Northern Road                                                             

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

CW5 That:

1.    The information contained in the report on Commercial Matter - Lease and Sale of Land to Roads and Maritime Services for Stage 3 Upgrade Works to The Northern Road be received

2.    The terms of the Lease Agreements and acquisitions are agreed, subject to the community notification period being undertaken and the absence of any public submissions

3.    Council provide concurrence for the compulsory acquisition of the identified land and easements, subject to the rights of appeal under the Land Acquisition (Just Terms Compensation) Act 1991.

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

 

ADOPTION OF Committee of the Whole

 

That the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.

 

 There being no further business the Chairperson declared the meeting closed the time being 10:33pm.

 


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        Passing of Bernard Smith                                                                                                  1

 

2        Passing of Sir Ian Turbott                                                                                                   2

 

 



Ordinary Meeting                                                                                               22 August 2016

 

Mayoral Minute

Passing of Bernard Smith

           

 

It is with sadness that I note the recent passing of Bernard Smith aged 96.

 

Mr Smith was appointed Chief Civil Engineer of the then Penrith Municipal Council in November 1957 commencing his duties in January 1958. A Sydney University graduate, he left Wade Shire Council, now known as Griffith City Council to take up the position in Penrith bringing with him his wife Marie and their six children.

 

Bernard served 22 years with Penrith Council in which he was described as taking “a most vital an active part in the growth of the City of Penrith and in the activities of the community.” During his time, Council was awarded the A R Bluett Memorial Award twice. The prestigious award recognises Council’s as being the most progressive in the state.

 

One of the most significant projects Bernard worked on was the vision for the Penrith Lakes Scheme. Initiated in the 1970s with quarryman Warren Pinfold, the pair are credited as having the vision for the concept and planning the early stages of the scheme.

 

During the time of his service Penrith’s population was doubling every 10 years and the City was experiencing unprecedented growth. Bernard met those challenges and the results of his work were apparent in the good relationships he created between Council, staff and the community.

 

On behalf of my fellow Councillors and the community of Penrith I’d like to acknowledge Bernard’s contribution to our city and offer our deepest sympathy to his family. Bernard was a beloved father to his seven children, grandfather to 20 and great grandfather to 28.

 

Councillor Karen McKeown

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Bernard Smith be received.

 

 

 


Ordinary Meeting                                                                                               22 August 2016

 

Mayoral Minute

Passing of Sir Ian Turbott

           

 

It is with sadness that I note the recent passing of Sir Ian Turbott

 

Sir Ian Graham Turbott, AO, CMG, CVO was the first person in 2008 to become an Honoured Citizen of Penrith. This civic honour is reserved for individuals of the highest calibre and it’s hard to imagine many more deserving of such special recognition.

 

Sir Ian did so much for Penrith, and certainly fulfilled the criteria of “a high level of achievement” in his chosen field and a “significant contribution to Australia”. He’s had a very long and deep involvement with the City, including 27 years as Chairman of the Penrith Lakes Development Corporation, and 11 years as founding Chancellor of the University of Western Sydney.

 

Sir Ian’s life story makes fascinating reading and overflows with impressive achievements. He was an inspiring individual who has always showed great vision, high ideals, extraordinary generosity, and infectious enthusiasm.

 

Sir Ian was awarded the Order of Australia in 1997 for “services to the community, education and the arts, particularly through the University of Western Sydney and the Australian Cancer Foundation for Medical Research”.

 

He guided the development of the University of Western Sydney from its formative years of 700 students in the late 1980s, to a world-class learning institution boasting some 37,000 students upon his retirement.

 

Sir Ian’s groundbreaking work with UWS played a significant part in the institution’s capacity to change the historical inequity of tertiary education in Western Sydney.

 

Under his stewardship and vision, Penrith Lakes underwent transformation from a quarrying operation to a world-class Olympic facility and public recreation space. The waterways and parklands of Penrith Lakes are an extremely valuable asset for the people of Western Sydney and beyond for many generations to come.

 

On behalf of my fellow Councillors and the community of Penrith I’d like to acknowledge Sir Ian’s contribution to our city and offer our deepest sympathy to his family. Sir Ian was husband to Nancy (deceased) and father to daughters Elizabeth, Kathy and Jenny.

 

Councillor Karen McKeown

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Passing of Sir Ian Turbott be received.

 

 

  


Notices of Motion

 

Item                                                                                                                                                Page

 

1        Development Applications for public and private schools                                                 1

 

 



Ordinary Meeting                                                                                               22 August 2016

Notice of Motion

1          Development Applications for public and private schools            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That all development application for schools, public and private including modifications under section 96 of the environmental planning and assessment act 1979, be reported to Council at an Ordinary Meeting and not be determined under delegated authority.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendation of the Local Traffic Committee Meeting held on 1 August 2016                                                                                                                                    1

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 8 August 2016                                                                                                                                    9

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 15 August 2016                                                                                                                                  13

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 August, 2016

 

 

 

PRESENT

Her Worship the Mayor, Councillor Karen McKeown (Representative for the Member for Londonderry), Councillor Tricia Hitchen (Representative for the Member for Penrith), James Suprain – Roads and Maritime Services, Steve Grady – Busways, Mark Elliott – St Marys Police LAC, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Caitlin Bailey – Trainee Engineer, Bernie Meier – Signs and Line Marking Officer, Noel Fuller – Ranger & Animal Services Coordinator, Colin Dickson – Marketing, Partnerships and Events Officer, Sheree Bonello – Events Officer.

 

APOLOGIES

Councillor Marcus Cornish, Jessica Neale (Representative for the Member for Mulgoa), Matthew Shirvington - Penrith Police LAC, David Drozd - Traffic Engineering Co-ordinator, Graham Green - Senior Traffic Engineer, Catherine Waerner - Road Safety Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 July 2016

That the minutes of the Local Traffic Committee Meeting of 4 July 2016 be confirmed.

 

DECLARATIONS OF INTEREST

 
There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Mark Elliott – St Marys Police LAC arrived at the meeting, the time being 9:10am.

 

Outcome 3 - We can get around the City

 

1        Rugby Street, Cambridge Park - Proposed Traffic Calming Facilities                       

RECOMMENDED

That :

1.    The information contained in the report on Rugby Street, Cambridge Park - Proposed Traffic Calming Facilities be received.

2.    A project for a series of appropriate traffic calming facilities, at locations to be determined through further investigation, be entered into Council’s Traffic Facilities Prioritisation Program.

3.    When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

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

 

2        William Howell Drive and Bulu Drive, Glenmore Park - Proposed 'No Stopping' Zone                                                                                                                                    

Councillor Tricia Hitchen suggested to the Committee to install signage that displays a map of the available parking facilities in the surrounding area of Glenmore Park fields to assist drivers and deter illegal parking.

RECOMMENDED

That:

1.    The information contained in the report on William Howell Drive and Bulu Drive, Glenmore Park - Proposed 'No Stopping' Zone be received.

2.    Affected residents in William Howell Drive and Bulu Drive be notified of Council’s decision.

3.    Following resident notification, ‘No Stopping’ signage be installed on William Howell Drive and Bulu Drive, Glenmore Park, as shown in Appendix 1.

4.    Council’s Ranger Services Section be notified of Council’s decision.

5.    The residents who reported the matter be notified of Council’s decision.

6.     Council’s City Presentation Department review the option of removing the safety bollards from their existing location and relocating them closer to the footpath.

 

3        Nepean Triathlon - Sunday, 23 October 2016                                                                

RECOMMENDED

That:

1.    The information contained in the report on Nepean Triathlon - Sunday, 23 October 2016 be received.

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

3.    The Traffic Management Plan be approved for the temporary closure of Old Castlereagh Road, Castlereagh between Castlereagh Road/Andrews Road and SIRC; and Castlereagh Road, Castlereagh between Old Castlereagh Road/Andrews Road and Devlin Road, Agnes Banks from 6.45am to 9.45am on Sunday, 23 October 2016 for the cycle leg of the Nepean Triathlon, subject to the following conditions:

 

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

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

(c)   The applicant consult with all affected residents and businesses regarding the proposed closures.

(d)   The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event. In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

(e)   A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.

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

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

(i)    The event organiser notify Ambulance (Ambulance Service of NSW) and Fire Brigade (NSW Fire Brigade and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

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

(k)   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 be required to be submitted to the next available Local Traffic Committee meeting.

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

(m) The event applicant ensure that competitors are advised to obey road rules and Police directions during the event.

                   3.      All works as part of this approval be conducted at no cost to Council.

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

 

 

 

 

 

 

 

4        Penrith River Festival - 4 and 5 November, 2016                                                          

RECOMMENDED

That:

1.    The information contained in the report on Penrith River Festival - 4 and 5 November, 2016  be received.

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

3.    The Traffic Management Plan for the Penrith River Festival 2016 be endorsed for Friday 4 and Saturday 5 November, 2016, subject to the following conditions:

 

(a)  Approval be given for the temporary closure of Tench Avenue for Friday 4 and Saturday 5 November, 2016.

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

(c)  The event applicant obtain separate approval from Roads and Maritime Services for the temporary speed limit reduction in Tench Avenue from 50km/hr to 30km/hr.

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

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

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

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

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

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

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

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

(l)   The event organiser notifies ambulance and fire brigades (NSW Fire & Rescue and NSW Rural Fire Service) and the NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event.

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

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

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

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

 

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

 

5        Laycock Street and Islington Street, Cranebrook - Proposed 'No Stopping' Signage                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Laycock Street and Islington Street, Cranebrook - Proposed 'No Stopping' Signage be received.

2.    Consultation be undertaken with Sweet Peas Kindergarten and Long Day Care Centre regarding the proposed ‘No Stopping’ restrictions at the intersection of Laycock Street and Islington Street, Cranebrook.

3.    Subject to no substantial objections being received, ‘No Stopping’ signage be installed at the intersection, as per Appendix 1.

4.    The resident who reported the matter be advised of Council’s resolution.

 

6        White Cedar Avenue, Claremont Meadows - Endorsement of Signage and Line Marking Plans                                                                                                                    

RECOMMENDED

That:

1.    The information contained in the report on White Cedar Avenue, Claremont Meadows - Endorsement of Signage and Line Marking Plans be received.

2.    The signage and line marking plan prepared by Proust & Gardner for White Cedar Avenue, Claremont Meadows (Plan No. 23405-LM, Issue B, dated 13 July 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.    Proust & Gardner Consulting Pty Ltd be advised of Council’s resolution.

 

7        Oxford Street and Wrench Street, Cambridge Park - Endorsement of Design Plan 

Note: In the report (background) reference is made to “Victoria Street and Gibson Avenue, Werrington.” This should read “Oxford Street, Wrench Street and William Street, Cambridge Park.”

RECOMMENDED

That:

1.    The information contained in the report on Oxford Street and Wrench Street, Cambridge Park - Endorsement of Design Plan be received.

2.    Consultation with adjoining residents be undertaken.

3.    Subject to no substantial objections, Design Plan A065 (dated July 2016) be endorsed for construction, with funding provided from the 2016/17 Nation Building Black Spot Program.

4.    A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

 

8        Barlow Street and Haining Street, Cambridge Park - Endorsement of Design Plan 

James Suprain of RMS advised the Committee that in regards to the amended Design Plan AB177 that the minimum width requirement for a splitter island is two meters wide.

RECOMMENDED

That this report be deferred and Council Officers be requested to review the width of the western splitter island and report back to the next Local Traffic Committee Meeting.

 

 

 

 

 

9        Woodriff Street, Penrith - Provision of 4 Hour Parking at Penrith Bowling Club      

RECOMMENDED

That:

1.    The information contained in the report on Woodriff Street, Penrith - Provision of 4 Hour Parking at Penrith Bowling Club be received.

2.    Consultation be undertaken with Roads and Maritime Services and Transport for NSW, requesting approval for the proposed “4P Mon- Fri” timed parking restrictions, as the site falls under the Schedule of Nominated Train Stations.

3.    Subject to separate approval from RMS and TfNSW, “4P Mon- Fri” timed parking be installed for the 13 car parking spaces adjacent to Penrith Bowling Club’s property boundary, as shown in Appendix 1, and a further (circa) 14 spaces along the northern kerb line of Derby Street, west of Woodriff Street, as shown in Appendix 2.

4.    Penrith Bowling Club be advised of Council’s Resolution.

5.     Council’s City Works department undertake a review and if necessary, renew the line marking for the off-street accessible car parking space(s) in front of the Penrith Bowling Club.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL

 

GENERAL BUSINESS

 

GB 1           Brisbane Street, Oxley Park – Bus Turning at Glossop Street 

Councillor Tricia  Hitchen advised the Committee of concerns regarding traffic congestion occurring along Brisbane Street, Oxley Park  making it difficult for buses turning into Brisbane Street off Glossop Street, Oxley Park.

RECOMMENDED

That Council investigate bus turning movements at the intersection of Glossop Street and Brisbane Street, St Marys.

 

GB 2           Brisbane Street, Oxley Park - Parking Concerns

Councillor Tricia  Hitchen advised the Committee that there is limited off-street parking available for vehicles in Brisbane Street, Oxley Park.

RECOMMENDED

          That Council review the off-street parking spaces in Brisbane Street, Oxley Park.

 

GB 3           Glossop Street, St Marys - Heavy Vehicle Noise Emissions 

Councillor Tricia  Hitchen advised the Committee of concerns raised by residents regarding heavy vehicles and trucks travelling along Glossop Street, St Marys during early hours of the morning. 

 

RECOMMENDED

          That:

1.   Council review heavy vehicle and truck movements along Glossop Street, St Marys and review possible solutions.

 

2.   Councillor Tricia Hitchen be advised of the outcome.

 

GB 4           DEFQON. 1 Music Festival - Bus Movements       

Ruth Byrnes – Senior Traffic Officer advised the Committee of feedback provided from Bus operators regarding the overall operation of the music festival with relation to bus movements. Ruth advised that as listed in the report, of the total 104 buses assigned for use in providing transport to from the event, only 36 buses at any one given time would be using the bus route from Penrith Station to the Regatta Centre.

RECOMMENDED

          That Council note the information.

 

There being no further business the Chairperson declared the meeting closed the time being 10:05am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 August, 2016 be adopted.

 

 


Ordinary Meeting                                                                                               22 August 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 8 August, 2016

 

 

 

PRESENT

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

 

APOLOGIES

Apologies were received for Councillor Prue Car MP.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 July 2016

The minutes of the Policy Review Committee Meeting of 11 July 2016 be confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – Australian Disability Enterprises (ADEs) as his son accesses services provided by Thorndale.

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – Australian Disability Enterprises (ADEs) as he is the chairperson for AFFORD.

 

Councillor Jackie Greenow OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – Australian Disability Enterprises (ADEs) as she is the chairperson of NOVA employment.

 

Councillor Jim Aitken OAM declared a Pecuniary Interest – Less than Significant in Item 2 – High St, Linear Park concept amendment as he owns a number of properties in High Street, which are located in the vicinity of the proposal subject to the report.

 

ADDRESSING THE MEETING

 

Ms Andrea Grieve

 

Item 1 – Council’s Position on Western Sydney Airport

 

Ms Grieve, spokesperson for No Badgerys Creek Airport Inc. and an affected person, spoke to the recommendation and stated her concerns regarding the impact the airport will have on infrastructure, health and surrounding residents. Ms Grieve also cited concerns around the airport noise and increased traffic congestion.

 

PRC 39  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that an extension of time be granted to enable the speaker to complete her address, the time being 7:09pm.

 

Ms Grieve concluded by adding that there are community concerns regarding the impact the increased traffic will have on the roads and the curfew of the airport.

 

Mr Peter Moriarty

 

Item 1 – Council’s Position on Western Sydney Airport

 

Mr Moriarty, an affected person, spoke to the recommendation, expressing his concerns over the noise, air quality, traffic congestion and infrastructure from the proposed airport. Mr Moriarty spoke about community communication and the impact the airport will have on residents.

 

PRC 40  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that an extension of time be granted to enable the speaker to complete his address, the time being 7:18pm.

Mr Moriarty concluded by requesting Council oppose the Environmental Impact Statement (EIS) that was conducted last December.

 

Mr Peter Dollin

 

Item 1 – Council’s Position on Western Sydney Airport

 

Mr Dollin, an interested citizen, spoke to the recommendation, expressing his concerns regarding the air quality and noise impacts the airports will have on Penrith City’s amenity, recreational areas, schools and homes. Mr Dollin further expressed his concerns the impact the proposed airport will have on Penrith City and surrounding Local Government Areas. Mr Dollin stated that Council should reconsider its support for the Western Sydney Airport.

 

Mr Gordon Henwood

 

Item 2 – High St, Linear Park concept amendment

 

Mr Henwood, and interested citizen and property owner, spoke against the proposed recommendation and stated his concerns the amendments would have on the day-time and night-time economy. Mr Henwood highlighted outdoor dining as an important part of activating the street just as public space is equally important. Mr Henwood does not believe temporary structures encourage the long-term business decisions required to grow the night-time economy.

 

Councillor Tricia Hitchen arrived at the meeting the time being 7:28pm.

 

  DELIVERY PROGRAM REPORTS

 

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

 

3        Access Committee - Highlights 2012-16

The Mayor, Councillor Karen McKeown and Councillor Jackie Greenow OAM presented certificates to the Access Committee members.                                                                          

RECOMMENDED

That:

1.    The information contained in the report on Access Committee - Highlights 2012-16 be received.

2.    The community members be thanked and presented with Certificates of Appreciation for their contribution to the Access Committee’s achievements during the 2012-2016 term.

4        Australian Disability Enterprises (ADEs)

Councillor Marcus Cornish left the meeting, the time being 8:11pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:12pm.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:14pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 8:15pm.

 

RECOMMENDED

That:

1.    The information contained in the report on Australian Disability Enterprises (ADEs) be received.

2.    Kerrie Langford, National Employment Manager with National Disability Services be thanked for her presentation on Australian Disability Enterprises.

 

Outcome 4 - We have safe, vibrant places

 

2        High St, Linear Park concept amendment

Having previously declared a Pecuniary interest, Councillor Jim Aitken OAM left the meeting, the time being 8:17pm.

RECOMMENDED

That the item be deferred to a future Council meeting.

 

Outcome 2 - We plan for our future growth

 

1        Council's Position on Western Sydney Airport

Councillor Jim Aitken OAM returned to the meeting, the time being 8:28pm.

 

RECOMMENDED

          That:

1.      The information contained in the report on Council's Position on Western Sydney Airport be received.

2.      The residents of Penrith LGA be recognised as the Key Stake Holders.

3.      The Key Stake Holders be engaged fully and informed of all aspects positive and negative of the proposed airport via public forums, working parties and information distribution.

4.      On completion of this process we are to be guided by the community via survey or poll

5.      For this process to commence as soon as possible with in this year and in conjunction with Blacktown and Blue Mountains Councils.

 

PRC 44  An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Greg Davies that the information contained in the report on Council's Position on Western Sydney Airport be received.

The AMENDMENT was PUT.

Councillor Kevin Crameri OAM requested that names be recorded.

For

Against

Councillor John Thain

Councillor Maurice Girotto

Councillor Ben Goldfinch

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

Councillor Jackie Greenow OAM

Councillor Karen McKeown

Councillor Jim Aitken OAM

Councillor Greg Davies

Councillor Michelle Tormey

Councillor Mark Davies

Councillor Marcus Cornish

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

 

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

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

Councillor Marcus Cornish and Michelle Tormey left the meeting and did not return, the time being 9:20pm.

 

RR 1           Council Policy in respect of suitable grass 

Councillor Kevin Crameri OAM requested a memo reply concerning why Council is not adhering to Council policies particularly in respect to the use of invasive grasses.

 

RR 2           Telecommunication Access at Claremont Meadows    

Councillor Greg Davies requested that the Mayor write to the Federal Minister for communication requesting urgent action to address the telecommunication access at the new Claremont Meadows estate off Caddens Road.

 

There being no further business the Chairperson declared the meeting closed the time being 9:25pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 August, 2016 be adopted.

 

 

 


Ordinary Meeting                                                                                               22 August 2016

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 15 August, 2016

 

 

 

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, Mark Davies, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously requested by Councillor Greg Davies for the period 15 August 2016 to 23 August 2016 inclusive.

That leave of absence be granted to Councillor Greg Davies for the period 15 August 2016 to 23 August 2016 inclusive.

 

APOLOGIES

That apologies be received for Councillors Maurice Girotto and Ben Goldfinch.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 August 2016

That the minutes of the Policy Review Committee Meeting of 8 August 2016 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

1        The Year in Review

Councillor Jim Aitken OAM left the meeting, the time being 7:36pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:38pm.

RECOMMENDED

                   That:

1.   The information contained in the report on The Year in Review be received.

2.   The Council express its appreciation to the General Manager and staff for their efforts over the last four years.

 

There being no further business the Chairperson declared the meeting closed the time being 7:43pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 August, 2016 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Draft Public Benefit Policy                                                                                                  1

 

2        Planning Proposal for Reclassification and Rezoning of land in Erskine Park

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

 

3        Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan - Outcomes of Public Exhibition
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                17

 

5        Fire and Rescue NSW Fire Safety Report                                                                       23

 

6        Outcomes of Public Exhibition - Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                25

 

7        Amendment to Penrith Development Control Plan 2014 -

 Road patterns requiring half road construction and dedication

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                32

 

8        Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys Applicant: Education Development Association;  Owner: ~Education Development Association

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                36

 

9        State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek                                                                                                        41

 

Outcome 3 - We can get around the City

 

10      Stony Creek Road - Culverts Proposal                                                                            51

 

Outcome 4 - We have safe, vibrant places

 

11      Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood                               57

 

12      Grant acceptance for 'Our River - Pathways and Fitness'                                               66

 

 

 

Outcome 5 - We care about our environment

 

13      Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills              71

 

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

 

14      Community Assistance Program Planned Component 2016-17                                     77

 

15      Men's Sheds in the Penrith LGA                                                                                      85

 

 

Outcome 7 - We have confidence in our Council

 

16      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17                                                                                                                            95

 

17      Local Government NSW Annual Conference 2016                                                         98

 

18      Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling              104

 

19      Thornton Community Facility Transfer                                                                           106

 

20      Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited   108

 

21      Organisational Performance Report - June 2016                                                          110

 

22      Summary of Investments & Banking for the period 1 July to 31 July 2016                   118

 

 

 


 

 

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        Draft Public Benefit Policy                                                                                                  1

 

2        Planning Proposal for Reclassification and Rezoning of land in Erskine Park

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

 

3        Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan - Outcomes of Public Exhibition
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                17

 

5        Fire and Rescue NSW Fire Safety Report                                                                       23

 

6        Outcomes of Public Exhibition - Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                25

 

7        Amendment to Penrith Development Control Plan 2014 -

 Road patterns requiring half road construction and dedication

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                32

 

8        Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys Applicant: Education Development Association;  Owner: ~Education Development Association

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                36

 

9        State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek                                                                                                        41

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

1

Draft Public Benefit Policy   

 

Compiled by:               Nicole Dukinfield, Senior Planner

Authorised by:            Abdul Cheema, Acting City Planning 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

Plan for and facilitate delivery of release areas and urban renewal in the City

      

 

Executive Summary

On 11 July 2016, Council resolved to send a Planning Proposal, to insert an incentives clause for Key Sites into the Penrith Local Environmental Plan 2010, to the Department of Planning and Environment for finalisation. The DP&E required Council to prepare a Public Benefit Policy to guide the community, proponents and Council officers in the consideration, assessment, calculation and implementation of an offer of a public benefit.

 

The draft Public Benefit Policy includes the following key components:

·    adopts a contribution rate of $150/m² of additional gross floor area, that will be regularly reviewed in line with market conditions and indexation; and

·    a list of Council’s preferred Public Benefit projects on which Council will spend any funds received, or proponents may consider providing.

 

It is recommended the draft Public Benefit Policy is publicly exhibited for a period of 30 days to provide the community and industry with an opportunity to provide feedback.

 

Background

At the Councillor briefing of 2 November 2015, Councillors were advised on the study being undertaken in regard to the Planning Proposal to insert an incentives clause into Penrith Local Environmental Plan (LEP) 2010. The first stage of this study was to prepare an Urban Design Analysis that informs a determination of the future ‘shape’ of the City Centre skyline and identify other constraints and opportunities relating to overshadowing, solar access and views.

 

At its Ordinary Meeting of 7 December 2015, Council resolved to prepare and send a Planning Proposal to the Department of Planning and Environment (DP&E) requesting a Gateway Determination to publicly exhibit the Planning Proposal. The Planning Proposal seeks to insert an incentives clause into Penrith LEP 2010, allowing a managed departure from building heights and floor space controls on Key Sites subject to the proposed development meeting certain criteria related to design excellence and the provision of a public benefit. The Urban Design Analysis was submitted with the Planning Proposal.

 

The second stage of this study involved analysis of the development feasibility and current market trends in Penrith, in the form of a Public Benefit Analysis. The Public Benefit Analysis was also prepared to identify an appropriate mechanism and planning framework to measure and capture offers of a public benefit. Councillors were briefed on the outcomes of the Public Benefit Analysis by the consultants on 11 July 2016.

 

At the Policy Review Committee meeting, also held on 11 July 2016, Councillors were provided with a report on the outcomes of the public exhibition of the Planning Proposal to insert an incentives clause into Penrith LEP 2010. Council resolved to send the Planning Proposal to the DP&E for finalisation.

 

The third stage of the study involves preparing a draft Public Benefit Policy, which outlines how the offer of a public benefit will be assessed and implemented.

 

Public Benefit Analysis

A Public Benefit Analysis (Attachment 1) was undertaken by consultants AEC Group to investigate current best practice mechanisms in place for the capture of a public benefit, determine an appropriate contribution value of the bonus floor area on offer through the incentives clause, and outline the impact of the proposed contribution rate on development feasibility.

 

The Public Benefit Analysis identified that incentive-based infrastructure mechanisms can be effective if conceived and implemented well, particularly for residential development due to the strength of the housing property market. They may also be effective where new infrastructure or community need is predictable, easily identified and quantified.

 

In determining an appropriate public benefit contribution rate, Residual Land Value (RLV) is used. RLV is defined as the maximum price a developer would be prepared to pay for a site in exchange for the opportunity to develop a site, whilst achieving target hurdle rates for profit and project return. This approach involves assessment of the value of the completed product, making a deduction for development costs and further deduction for profit and risk whilst ensuring the development achieves its target project margin and return. Based on a RLV for the Penrith City Centre, the additional floor area within the Penrith City Centre is valued between $308/m² to $464/m². The Public Benefit Analysis recommends working on the principles of capturing a 50% share of the RLV, and that Council should consider applying a Public Benefit Contribution rate between $150/m² to $230/m² of additional floor area above that currently permitted under Penrith LEP 2010.

 

Other observations made in the Public Benefit Analysis include:

·    Pricing levels of retail/commercial floor space are not yet at a level to incentivise large scale redevelopment. Unless the profile of Penrith as a commercial centre lifts with corresponding growth in rents and capital values, any commercial development is likely to be sporadic and incremental in nature;

·    There is generally a preference by developers to provide works, rather than pay a monetary contribution, so that developers can defer their contribution to during the construction period or benefit from public domain works carried out in and around the site; and

·    Property markets move in cycles and therefore any incentives clause mechanism or contributions amount should be regularly reviewed. The Public Benefit Analysis recommends Council adopt a generic contribution rate (such as the Consumer Price Index or House Price Index) to be applied to the contribution rate annually.

 

Public Benefit Policy

A draft Public Benefit Policy (Attachment 2) has been prepared to assist the community, proponents and Council officers in the consideration, assessment, calculation and implementation of an offer of a public benefit. The draft Public Benefit Policy is guided by the recommendations from the Public Benefit Analysis, particularly with regard to the types of public benefits to be provided, the recommended public benefit contribution rate, and review mechanisms for the Policy. The draft Public Benefit Policy identifies the following:

·    The aims of the Policy;

·    The relationship of the Policy with the NSW Planning Framework and other Council plans and policies;

·    That the Policy will be reviewed on an annual basis and in line with the Consumer Price Index;

·    A series of Principles which an offer of a Public Benefit must meet. These principles currently include that:

The public benefit must be in the public interest and to the satisfaction of Council;

The public benefit must be over and above current development standards and Council policies;

The public benefit must contribute to the City Centre or to nearby locations and facilities likely to be used by City Centre occupants;

The public benefit must be achievable, measurable, economically viable and socially sustainable; and

The public benefit must be consistent with the themes in Council’s Strategic Planning framework.

·    A public benefit can be delivered by either a monetary contribution, the dedication of land or property, works or a combination of the above;

·    A public benefit contribution rate of $150/m² of additional floor area;

·    Council’s preferred public benefit projects;

·    That the public benefit contribution rate will not be required for commercial development due to existing feasibility levels;

·    The assessment procedures of a Development Application that offers a public benefit; and

·    That, with the exception of complex infrastructure projects, revenue received will be used within three (3) years from the date of any Voluntary Planning Agreement.

 

Next steps

To progress the Planning Proposal to insert an incentives clause for Key Sites into Penrith LEP 2010, it is proposed to exhibit the draft Public Benefit Policy to seek community and industry feedback. The Public Benefit Policy will be exhibited while the Planning Proposal is with the DP&E for finalisation.

 

Should Council resolve to publicly exhibit the draft Policy, it will first be refined to include further explanation on the incentives clause and how the Policy will operate. The draft Policy will then be placed on public exhibition for a period of 30 days. After the public exhibition period, a report will be prepared for Council’s consideration on the outcomes of the public exhibition.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Public Benefit Policy be received.

2.    Council endorse the draft Public Benefit Policy for public exhibition as provided in Attachment 2.

3.    The General Manager be granted delegation to refine the draft Public Benefit Policy before commencement of public exhibition.

4.    Council publicly exhibit the draft Public Benefit Policy for a period of 30 days.

5.    A further report be presented to Council following public exhibition of the draft Public Benefit Policy.

 

ATTACHMENTS/APPENDICES

1.  

Penrith City Centre Public Benefit Analysis

37 Pages

Attachments Included

2.  

Draft Public Benefit Policy

14 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

2

Planning Proposal for Reclassification and Rezoning of land in Erskine Park   

 

Compiled by:               Abdul Cheema, Acting City Planning Manager

Authorised by:            Ruth Goldsmith, Executive Manager - City Economy and Planning   

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

     

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

 

Executive Summary

The purpose of this report is to examine the merit of sponsoring the Erskine Park Planning Proposal submitted by Council’s Property Department. The Proposal seeks to rezone 8 sites (7 in Erskine Park and one in St Clair) which are no longer required for the drainage, community or open space purpose for which they were originally acquired. The Planning Proposal would rezone the subject sites from RE1 Public Recreation to R2 Low Density Residential, reclassify the land from Community to Operational and establish minimum lot sizes of 550sq.m and a height control of 8.5 metres.

 

The Planning Proposal arises from the Public Open Space Reinvestment Project. This project has been the subject of Councillor Briefings, Working Parties and reports which, on 26 October 2015, resulted in a Council resolution to commence the process of rezoning and reclassifying the 8 sites which are the subject of this report.

 

Assessment of the Planning Proposal against Council and legislative standards indicates that there are no objections or impediments to the sites’ rezoning and reclassification. In light of the Proposal’s compliance, this report concludes that the Planning Proposal should be sponsored by Council and forwarded to the Greater Sydney Commission requesting a Gateway Determination.

 

Background

Council has a responsibility to plan and deliver appropriate local infrastructure for our community to meet its needs and aspirations. Our local infrastructure includes parks, libraries, community centres, drainage and roads. As our community changes and different trends, technology and preferences emerge, the infrastructure we need to provide for residents, workers and visitors also evolves. Responding to these changes requires regular review of our assets, their performance and the plans and strategies that have underpinned their delivery.

 

With the above challenges in mind the Erskine Park Residential s94 plan, which delivered local infrastructure for the suburb, was reviewed in 2013. The review included a drainage needs assessment and consultation on community needs. The review revealed that all the facilities identified in the Plan had been paid for, and a community centre site and a small area of drainage land included in the Plan were no longer required. The s94 Plan was rescinded by Council in August 2013. The drainage and community centre sites which were no longer needed were retained by Council while their future was reviewed.

In addition to the suburb-specific s94 Plan review, Council’s Property and Finance departments commenced the City-wide Public Open Space Reinvestment Project. This project seeks to “deliver enhanced open spaces to the local community and to responsibly manage their finances and assets”. The methodology underpinning the project involves:

·    understanding the current and likely future needs and aspirations of our community;

·    identifying the community land for which Council is responsible and assessing its capacity to meet current and future needs;

·    identifying those lands and assets which need to be retained as well as those which may be divested and reinvested into our community; and

·    undertaking both a site evaluation and contextual analysis of each suburb, to permit strategic and holistic decision-making.

 

As part of the Reinvestment Project, Erskine Park was selected as an initial pilot project area. Erskine Park was chosen because it is an established suburb representative of most of our urban area and contains an array of local infrastructure with improvement opportunities. Additionally, all Erskine Park’s local infrastructure was acquired or delivered through the Section 94 contributions and hence all revenue generated must be reinvested into the suburb for a purpose consistent with that described in the s94 Plan.

 

The first step in the Reinvestment review process required an analysis of the distribution, provision and accessibility of local open space at a suburb wide level. The second phase involved the assessment of individual open space parcels using an evaluation criteria matrix. Recommendations were then developed based on both the suburb analysis and the merits of individual parcels. A total of 20 reserves in Erskine Park were evaluated to determine whether to:

·    retain the site and reinvest in its embellishment,

·    sell part of the reserve to better consolidate the remaining space in each reserve; or

·    sell the park, using sale proceeds for reinvestment in the surrounds and suburb.

 

The information collected during two subsequent community consultation phases of the program, along with technical studies commissioned by Council, then informed the development of a draft Open Space Master Plan (OSMP). This OSMP identifies specific sites where improvements could be made and which under-utilised spaces might be sold to fund improvements. The Draft OSMP provides the strategic framework for the management and improvement of open space in Erskine Park for the next 5-10 years.

 

Among the criteria used to determine suitability of sites for either retention or disposal was whether the land was not fit for its intended purpose due to its size/area, shape, and topography, proximity to other comparable facilities or other constraints.

 

Erskine Park Planning Proposal

The Public Open Space Reinvestment Project has been the subject of Councillor Working Parties and Briefings conducted by our Property and Finance Departments since June 2014. On 26 October 2015 Council resolved that “Council endorse commencing the statutory process to reclassify and rezone Council-owned land identified in Erskine Park in Attachment 1”, which resulted in the preparation of this Planning Proposal.

 

Council further resolved to “allocate $2.65 million to forward fund some of the proposed upgrade works to the open space areas in Erskine Park” to provide the community with a level of confidence that the intended upgrade works resulting from the disposal of the reserves would be delivered.

 

In accordance with Council’s resolution, a Planning Proposal was lodged by the Property Department for the nine sites. The Proposal was subsequently amended by removing one site (Fuller Place), as it contained threatened ecological communities which could not be supported for rezoning. The Planning Proposal was also augmented with further background studies on ecology and contamination. The revisions to the Planning Proposal were submitted in July 2016. A copy of the Planning Proposal is shown at Attachment 1 to this report.

 

The Planning Proposal seeks the following amendments to Penrith LEP 2010:

·    Rezoning eight sites from Open Space RE1 to Low Density Residential R2;

·    Reclassification of the eight sites from Community to Operational;

·    Establishing minimum lot sizes of 550 square metres (no minimum areas currently apply); and

·    Establishing maximum height limits of 8.5 metres (no height limits currently apply).

 

The proposed zoning, height limits and minimum lot sizes sought in the Planning Proposal are consistent with those established for neighbouring residential sites and comparable residential lots in Erskine Park. The subject sites included in the Planning Proposal are described in the Table below.

 

Property address
and property description

Previously intended infrastructure function

Area of site affected

1a Spoonbill St, Erskine Park

(Lot 104 DP706344)

local park

2,466 sqm

73 Swallow Drive / Regulus Street, Erskine Park

(Lot 3280 DP 786811)

local park

4,400sqm

9a Dilga Crescent, Erskine Park

(Lot 148 DP 703879)

local park

2,315sqm

27A Phoenix Cr, Erskine Park

(Lot 1444 DP 788282)

local park

1,234sqm

(total park area 12,510sqm)

Part 11A Canopus Close, Erskine Park

(lot 2174 DP 776426)

local park

1,700sqm

(total park area 9,752 sqm)

85 Swallow Drive, Erskine Park

(lot 3281 DP 786811)

local park

1,500sqm

(total park area of 4,499sqm)

25 Chameleon Drive, Erskine Park

(lot 1106 DP 709078)

neighbourhood community centre

2,484sqm

11 Ashwick Circuit, St Clair

(Lot 35 DP 812241)

drainage reserve

1,817sqm

 

Assessment of the Planning Proposal

Section 55(2) of the EP&A Act outlines those matters which must be included in a Planning Proposal and the Department of Planning and Environment (DP&E) has issued guidelines under s55(3) of the Act, which provides instruction for the preparation and assessment of applications. The subject Planning Proposal was assessed against these provisions. The review indicates that it satisfactorily addresses all the relevant criteria, with the possible exception of “increasing housing range and diversity”. Added diversity can, however, be achieved, and this criterion satisfied, through recognition of the housing diversity options permissible in the R2 zone sought under the Proposal. This zoning and these housing options mirror planning opportunities available in surrounding residential land across Erskine Park. A detailed assessment of the Planning Proposal against the relevant criteria is provided in Attachment 2 to this report.

 

The Planning Proposal was also referred to relevant Council departments for review and comment. In summary, the relevant departments advised that there were no impediments or objections to the advancement of the final, refined version of the Planning Proposal submitted in July 2016. This final version of the Proposal had responded to concerns several departments had expressed, particularly in relation to site contamination, ecological and engineering issues. Detailed comments from relevant departments are provided in Attachment 3 to this report.

 

One of the sites described in the Planning Proposal (No.11A Canopus Close, Erskine Park), proposes partial rezoning of the open space recreation land. The western boundary of the area proposed to be rezoned and reclassified extends almost to the western edge of Canopus Close road reserve. Without appropriate limits on the development of the land proposed to be rezoned Residential, there is a risk that the park will lose sight lines essential to ensure the park is visible from Canopus Close, is safe and encourages access.

 

To ensure that the open space and pedestrian linkages at this reserve are not compromised, appropriate mechanisms will be imposed at a relevant and early stage of the site’s future development. Aspects for consideration include (but are not limited to) sight lines and vistas, setbacks, corner splays, and orientation and interface. Mechanisms may include covenants or restrictions on development to deliver a specific outcome, and would be subject to further investigation of suitability based on future development types, to retain flexibility for future uses.

 

These requirements offer surety that any new residential development and the park can coexist while achieving a safe, visible and accessible public reserve and private/public interface. The final western alignment of the open space boundary can be determined following public exhibition and further modelling of development scenarios to confirm achievement of essential park characteristics and development viability. The existing Pisces laneway access to the park will continue.

 

Attachment 4 to this report details the recommended rezoning boundaries for all sites affected by the Planning Proposal.

 

Reclassification of Community Land

As outlined above, all the land which is the subject of this Planning Proposal (PP) is currently classified as Community land and the PP seeks its reclassification to Operational by amending Penrith LEP 2010. This is achieved by describing and identifying the subject land as Operational in Schedule 4 of the LEP. The process for carrying out the amendment also requires conducting a public hearing after exhibition of the PP and reporting the findings to Council.

 

Next Steps

If Council resolves to sponsor the Planning Proposal, the next steps in the process are as follows:

1.   The Planning Proposal is forwarded to the Greater Sydney Commission (GSC) for a Gateway determination;

2.   The GSC will advise whether the Planning Proposal may proceed to public exhibition, which government agencies must be consulted and whether amendments to the Proposal must be made;

3.   The Planning Proposal will be placed on public exhibition, (accompanied by the draft Open Space Management Plan) and referred to relevant agencies in accordance with the Gateway determination;

4.   Council holds a public hearing in relation to the reclassification of Community land to Operational land, in accordance with section 57(6) of the EP&A Act;

5.   Council considers a report on any submissions made as part of the exhibition of the Planning Proposal and the Public Hearing in relation to the reclassification of the Community land;

6.   Council determines whether to advance with the Planning Proposal in whole or in part, including any amendments to the Planning Proposal;

7.   Council presents the Planning Proposal to the GSC to be made;

8.   The Local Environmental Plan bringing the Planning Proposal into force is gazetted and the new zoning and land classification takes effect.

 

Conclusion

This Planning Proposal seeks rezoning and reclassification of Council-owned sites that are either not required for community and drainage infrastructure or are no longer ‘fit for purpose’ as recreation facilities. The Proposal submitted by Council’s Property Department complies with the relevant criteria described in the DP&E Guidelines for Planning Proposals and s55 of the EP&A Act. Referral of the Proposal to relevant Council departments confirms that there are no impediments to advancing it to the Gateway Panel.

 

In light of these findings, this report concludes that the Planning Proposal should be sponsored by Council and forwarded to the Greater Sydney Commission Planning Gateway for determination.

 

RECOMMENDATION

That:

1.   The information contained in the report on Planning Proposal for Reclassification and Rezoning of land in Erskine Park be received;

2.   The Planning Proposal to rezone the subject sites from RE1 Public Recreation to R2 Low Density Residential (in accordance with Attachment 4 to this report); reclassify the land from Community to Operational; establish minimum lot sizes of 550sq.m; and apply a height control of 8.5 metres, is sponsored for submission to the Greater Sydney Commission Gateway Process;

3.   Consultation with NSW government agencies is undertaken in accordance with any Gateway determination;

4.   The Planning Proposal is placed on public exhibition in accordance with any Gateway Determination and be accompanied by exhibition of the draft Open Space Management Plan and any associated reports or studies which are relevant to the community and inform the reinvestment strategy;

5.   An independently chaired public hearing is held regarding the land reclassification aspects of the Planning Proposal, in accordance with the requirements of the Environmental Planning and Assessment Act 1979;

6.   A report is presented to Council following the public exhibition.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Attachment 1 - Erskine Park Planning Proposal by Property Department

51 Pages

Attachments Included

2.  

Attachment 2 - Assessment of Planning Proposal against DP&E and EP&A Act criteria

8 Pages

Attachments Included

3.  

Attachment 3 to Erskine Park report to Council - Department Comments on the Planning proposal for Erskine Park

3 Pages

Attachments Included

4.  

Attachment 4 - Plans showing land affected by Erskine Park Planning Proposal and proposed zoning

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

3

Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan - Outcomes of Public Exhibition   

 

Compiled by:               Natalie Stanowski, Principal Planner

Authorised by:            Abdul Cheema, Acting City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

 

Executive Summary

This report presents the outcomes of the public exhibition of the Planning Proposal recommending a number of ‘housekeeping amendments’ to the City-Wide Local Environmental Plan (LEP), Penrith LEP 2010. The Planning Proposal recommends amendments that fix minor errors and anomalies to ensure the correct and efficient functioning of LEP 2010.

 

The Planning Proposal was publicly exhibited between 23 May and 20 June 2016 (28 days) with submissions received from both NSW Government agencies (6) and the community (2). This report examines and responds to matters raised in the submissions, and seeks Council’s endorsement to complete the proposed amendment of LEP 2010.

Background

Council’s City-wide Local Environmental Plan, known as Penrith LEP 2010 (LEP 2010), sets the land use and planning controls for most of Penrith City. LEP 2010 was published in September 2010 and has undergone a number of amendments to ensure the planning controls remain contemporary and appropriate. The making of the current version of the LEP has been a lengthy and complex exercise involving a number of, sometimes overlapping, stages. The implementation and everyday use of LEP 2010 reveals that these overlapping stages, along with the development (including subdivision) of certain sites, requires a series of minor amendments to the LEP to ensure it remains current and contemporary.

 

At its Ordinary Meeting of 28 September 2015, Council considered a report which detailed that the merging of separate sets of mapping data for Stage 1 and Stage 2 of LEP 2010 had resulted in a number of anomalies and errors, and that these could be addressed through one comprehensive ‘housekeeping’ amendment to LEP 2010. The types of mapping errors were generally categorised as follows:

·    minor alignment of zoning boundaries and other development standards to lot boundaries;

·    correction of labelling errors;

·    removal of duplicated lines / boundaries;

·    ‘filling in’ insignificant portions of unzoned land; and

·    rectification of zoning anomalies.

 

Other minor errors found in the written LEP instrument and considered to be oversights, as a result of the complexity of the task in transitioning from many planning instruments to one, were also matters that could be addressed in the housekeeping amendment.

 

At the September 2015 meeting, Council resolved to prepare and send a Planning Proposal to the Department of Planning and Environment (DP&E) requesting a Gateway Determination to publicly exhibit the Planning Proposal.

 

The Planning Proposal was forwarded to the DP&E on 12 November 2015. A Gateway Determination was issued on 29 January 2016, approving the Planning Proposal for public exhibition subject to a number of conditions. These conditions included the following:

·    Consultation with the NSW Rural Fire Service prior to public exhibition;

·    Community consultation for a minimum period of 28 days; and

·    Consultation with Public Authorities on the Planning Proposal.

Public Authority consultation

The following Public Authorities were consulted in accordance with the Gateway Determination:

·    NSW Rural Fire Service (RFS)

·    Roads and Maritime Services (RMS)

·    Office of Environment and Heritage (OEH)

·    NSW Heritage Branch

·    Office of Strategic Lands (OSL)

·    Sydney Trains

·    Environment Protection Authority (EPA).

 

Letters were sent to each Public Authority with the relevant information attached, and they were provided 21 days to comment. Six responses were received from public authorities. The RFS, RMS, OEH, OSL and EPA raised no objection to the Planning Proposal. A number of matters were raised in submissions from the NSW Heritage Branch and Sydney Trains. These issues are detailed below with a response and, where necessary, a recommendation.

 

1.    NSW Heritage Branch

·    No objection to rectification of errors in Schedule 5 of the LEP or heritage maps;

·    Does not support the rezoning of land at French Street, Werrington from E2 Environmental Conservation to R1 General Residential (item 27 in the Planning Proposal) as the current E2 zone was implemented on the advice of the OEH in accordance with the Report of Flora and Fauna Werrington Signals Mixed-Use Area French Street, Werrington (2002); and

·    The Planning Proposal does not provide sufficient reasons to justify the rezoning of land from E2 Environmental Conservation to R1 General Residential.

 

Comment:

Where there is an unresolved agency objection to the draft LEP, Council may not use its delegation under Section 59 of the Environmental Planning and Assessment Act 1979 (EP&A Act), to make the LEP.

 

Further consultation with the NSW Heritage Branch was undertaken to resolve the objection. Council, as part of its consultation with public authorities, also separately consulted with the OEH, which had raised no objection to the proposed changes for French Street, Werrington. When the Heritage Branch was informed of this, its objection to the proposed rezoning of land from E2 Environmental Conservation to R1 General Residential was withdrawn.

 

2.    Sydney Trains

·    Supports item 15 – Railway Corridor, Emu Plains, in terms of amending the building height limit from nil to 12 metres;

·    Identifies a typographical error on page 72 of the Planning Proposal;

·    Objects to item 16 to amend the heritage map (HER_005) to more accurately reflect the location of heritage item 59 Emu Plains Railway Station;

·    Requests that no change be made to maintain consistency with the existing State Heritage Register and Section 170 heritage curtilage maps.

 

Comment:

A minor typographical error was identified on page 72 of the exhibited Planning Proposal, where the captions below the building height maps incorrectly indicates that the current building height is 12m and the proposed building height is nil. This is a minor typographical error that is inconsistent with the detailed intention of the Planning Proposal. It is recommended that is corrected.

 

The amendment to the heritage map was proposed due to advice from the Department of Planning and Environment in respect to mapping heritage items. However, expanding the heritage curtilage of the item on the LEP heritage map as proposed would result in the map being inconsistent with the established curtilage of the item under both the State Heritage Register and the Section 170 Register. It is recommended that the Planning Proposal be amended to map the heritage item to ensure it is consistent with the item’s gazetted State Heritage listing and the Section 170 Register.

 

It is therefore recommended that:

·    That the typographic errors in the building height map captions on page 72 of the Planning Proposal be amended.

·    That Item 16 - Emu Plains Railway Station in the Planning Proposal be amended to read:

a)   amend the Heritage map (HER_005) to reflect the State Heritage Register and Section 170 heritage curtilage maps for Heritage Item 59 Emu Plains Railway Station.

Community consultation and submissions

The Planning Proposal was placed on public exhibition from 23 May to 20 June 2016. The following tasks to support the public exhibition were carried out during this time, including:

1.   Advertisements placed every week in relevant newspapers;

2.   Information and a fact sheet on how to make a submission were provided at the exhibition venues and on Council’s website;

3.   Availability of staff at Penrith Civic Centre to answer community enquiries;

4.   Materials placed at the Civic Centre, Penrith Library and the St Marys Library/Office in public view.

 

Letters advising of the public exhibition of the Planning Proposal were also sent to all landowners affected by the Planning Proposal.

 

Two submissions were received from members of the community during the public exhibition period. The issues raised are detailed below with a response and, where necessary, a recommendation.

 


 

1.    Removal of E2 Environmental Conservation Zone at French Street Werrington (Item 27)

·    Raises concern regarding approval of the removal of vegetation from the site; the result of which is that the creek traversing the site has been removed of vegetation and biodiversity.

·    Suggests that the development and clearing of land and vegetation threatens the long term viability of the trees.

·    Requests clarification as to whether the land has been cleared illegally.

·    Requests further information in regard to when, and on what basis, authorisation to carry out the clearing was made.

·    Suggests that the development is not an environmentally sustainable development.

·    Objects to the proposed amendment, seeking to conserve the remnant woodland and retain the existing E2 Environmental Conservation zone.

·    Requests to see the flora and fauna assessment on which the proposed rezoning is based.

·    Seeks advice on whether the E2 Environmental Conservation zone was offset elsewhere in the development footprint.

·    Requests that they be informed in advance when the results of the public exhibition are reported to Council.

 

Comment:

The Planning Proposal seeks to rezone land from E2 Environmental Conservation to R1 General Residential in accordance with the approved development applications for the residential use of the land and the authorised removal of vegetation.

 

The existing E2 Environmental Conservation zone on the subject site was adopted in Stage 2 of Penrith LEP 2010, following advice from the OEH in accordance with the findings of the ‘Report of Flora and Fauna Werrington Signals Mixed-Use Area French Street, Werrington’ prepared in 2002. Stage 2 was published in January 2015.

 

Prior to the adoption of the E2 Environmental Conservation zone, development applications were approved by Council and the Joint Regional Planning Panel (JRPP) in 2013 permitting subdivision of the subject site. The consents permitted earthworks and road infrastructure to enable development for the purposes of residential uses. A supporting flora and fauna assessment was prepared by the applicant. A Construction Certificate was issued on the basis of stamped civil engineering drawings and in accordance with these drawings, vegetation on the north-eastern and north-western areas of the site was removed. In accordance with the stamped drawings, a conservation zone through the core of the site and a vegetation zone to the north-east of the site were retained.

 

The development approval, in combination with the existing E2 Environmental Conservation zone, presents an inherent conflict between the conservation objectives of the E2 zone and the approved development potential of the land. The Planning Proposal seeks to rectify this, by rezoning land for residential uses where development consent for this purpose has been previously approved.

 

The proposed removal of the E2 Environmental Conservation zone from the retained vegetation zone in the north eastern section of the site was informed by an updated Flora and Fauna Study submitted to Council by the landowner in November 2015. The updated study revealed that the retained vegetation is not high quality nor of conservation value. On the basis of that report, an amendment to that portion of the site was proposed. The flora and fauna study was exhibited as supporting material alongside the Planning Proposal during public consultation.

 

The OEH was notified of the Planning Proposal and provided the following advice in respect to this item:

OEH has reviewed the additional information provided about the rezoning of land in French Street, Werrington from E2 Environmental Conservation to R1 General Residential. OEH understands that the clearing of the Critically Endangered Ecological Community Cumberland Plain Woodland on the site was undertaken pursuant to development consents DA11/0564 and DA12/1361 issued in 2013. Given this, OEH has no comments on the PP.

 

It is noted that a development application DA16/0566 has been lodged for further works and subdivision of land in the north-eastern part of the site, which is subject to this Planning Proposal. A deferral letter was sent to the applicant in July 2016, requesting additional information in respect to the vegetation and riparian corridor.

 

It is therefore recommended that on the basis of the comments from the OEH, Council proceed with the rezoning and building height amendments as proposed.

 

2.    Zoning of land for the purposes of E2 Environmental Conservation

·    Recommends minor adjustments to the E2 Environmental Conservation zone on the Commonwealth Defence Establishment at Orchard Hills and to the eastern end of the E2 zone through Glenmore Park Stage 2 be made to facilitate a vegetation link across The Northern Road to link to the Mulgoa Nature Reserve. The latter amendment would ensure the incorporation of mature canopy species into this section of the corridor (which the existing corridor fails to do in this area).

·    Recommends the costs associated with this proposal be absorbed by Council as a form of contribution to the implementation and protection of the corridor.

 

Comment:

The housekeeping amendment to Penrith LEP 2010 was prepared in order to resolve a series of minor errors and anomalies that occurred during the preparation of the LEP. This matter is outside the scope of the Planning Proposal. Furthermore, any amendments of this nature are likely to require an amended planning proposal, including a revised Gateway Determination and additional community consultation, which would delay the making of the housekeeping amendment.

 

No changes to the Planning Proposal are recommended.

 

3.    Internal consultation and technical advice

One internal submission sought to update the Flood Planning maps that are available on the NSW Legislation website. As these maps are for information only and do not legally form part of Penrith LEP 2010, Council will work with the DP&E separately to resolve this matter.

Post-exhibition changes to the Planning Proposal

A fundamental consideration in the Gateway process is the nature and extent of any changes made to the Planning Proposal in response to the public exhibition, and whether such changes are material to the operation and outcomes of the LEP. Where potential changes are deemed to be material to the operation and outcomes of the LEP, it needs to be re-exhibited to ensure that the community can comment on the amended Planning Proposal.

 

On this occasion, it is considered that the minor amendment proposed to the exhibited Planning Proposal, being the mapping of heritage item ‘Emu Plains Railway Station’ to be consistent with the State Heritage Register and Section 170 Curtilage would not alter the operation and outcome of the LEP and, therefore, would not warrant re-exhibition.

Conclusion

The Housekeeping Amendment Planning Proposal was prepared to resolve errors and anomalies with Penrith 2010, and was publicly exhibited for a period of 28 days from 23 May to 20 June 2016, including consultation with Public Authorities.

 

A number of submissions were made, and these have been reviewed and recommendations provided. Key issues raised during the submissions from the public include:

·    Objection to the inconsistent mapping of heritage item Emu Plains Railway Station and its identified curtilage on the State Heritage Register and Section 170 Heritage Register (Item 16)

·    Objection to item 27 seeking to rezone land at French St, Werrington from E2 Environmental Conservation to R1 General Residential;

·    Request for amendments to land at the Orchard Hills defence site and along The Northern Road to facilitate a vegetation corridor.

 

It is recommended that, as a result of the submissions, changes be made to the Planning Proposal to map the heritage item to be consistent with the State Heritage Register and Section 170 Heritage Register. No further changes are recommended to be made to the Planning Proposal. There appear to be no constraints to progressing the Planning Proposal to the next stage of the Gateway Process. It is therefore recommended that Council endorse an amended Planning Proposal to be finalised for drafting and publication.

 

Council has been delegated plan making authority, which allows it to work directly with Parliamentary Counsel’s Office to deliver the necessary amendments for this Planning Proposal.

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan - Outcomes of Public Exhibition be received.

2.    Council endorse the Planning Proposal as exhibited and provided under separate cover, with minor mapping and typographical amendments made in respect to Item 16 as identified in the report.

3.    Council enacts the delegated plan making authority, and works with Parliamentary Counsel’s Office to draft and publish the proposed amendments to Penrith Local Environmental Plan 2010.

 

ATTACHMENTS/APPENDICES

1.  

Planning Proposal- Housekeeping Amendment to Penrith Local Environmental Plan 2010 (as exhibited)

110 Pages

Attachments Included

 Under Separate Cover (Website)

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

4

Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition   

 

Compiled by:               Krishti Akhter, Planner

Matthew Rose, Acting City Planning Co-ordinator

Authorised by:            Abdul Cheema, Acting City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

   

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

 

Executive Summary

This report presents the outcomes of the public exhibition of the Planning Proposal for 61-73 Christie Street, St Marys, which recommends changing the planning controls applying to the site to make service stations a permissible land use. The Planning Proposal was publicly exhibited from 16 May to 14 June 2016 (28 days) with submissions received from the Rural Fire Service, Roads and Maritime Services, and Transport for NSW. No submissions were received from the community. This report examines and responds to the matters raised in the submissions and the feedback provided by a number of Council internal departments.

 

The report seeks Council’s endorsement to complete the proposed amendment of the planning controls, and recommends the Planning Proposal is sent to the Greater Sydney Commission for consideration.

Background

In September 2015, Council received a planning proposal requesting the amendment of Penrith Local Environmental Plan 2010 (LEP 2010) to permit a service station, with consent, on 61-73 Christie Street, St Marys. This site, identified in Appendix 1, consists of two properties in the Dunheved Business Park. Service stations are prohibited in the sites’ current IN1 General Industrial zone and the proposal seeks to add this use as an additional permitted use in the relevant schedule of LEP 2010.

 

The proposal is prompted by, and seeks to take advantage of, the potential road linking the St Marys (Residential) Release Area with the existing road network. The site would be located on the north west corner of the intersection of the potential future road with Christie Street and Lee Holm Road. The proposal is considered acceptable as it provides opportunities to service the future residential area as well as existing and proposed business in the industrial estate. It will also increase the diversity of uses within the estate. The proposed Dunheved Link Road (indicative only) is identified in Appendix 2.

 

In December 2015, Council sponsored a Planning Proposal for the requested outcome, submitted it to Department of Planning and Environment’s Gateway Process and received a Gateway Determination in February 2016. The determination set the requirements for State Agency and community consultation, and a 28 day public exhibition.

 

The public exhibition occurred between 16 May and 14 June 2016, with notification of the exhibition provided directly to adjoining owners and occupiers and in local newspapers. Exhibition venues included the Penrith Civic Centre, St Marys Queen Street Office, and both Penrith and St Marys Libraries. The Planning Proposal was also available on Council’s website.

 

The Rural Fire Service, Roads and Maritime Services, and Transport for NSW provided responses to the proposal. No responses were received from the public. A number of Council departments provided feedback on the Planning Proposal, requesting the consideration of specific development controls (for landscaping and setbacks) and to address flood risk, contamination, and traffic and transport issues.

 

Review of Matters

All matters identified below have been addressed by the information provided with the Planning Proposal, or will be addressed in more detail through a development application.

 

Traffic and Transport

Transport for NSW did not object to the proposal, but advised that the site was within the Outer Sydney Orbital Study Area and that its inclusion in the future transport corridor could not be ruled out at this time. Transport for NSW will be consulted for an updated position as part of any subsequent development application process.

 

Bushfire

The Rural Fire Service reviewed the Bush Fire Threat Assessment supporting the proposal and confirmed that it has no objection to the rezoning. However, it did state that future development needs to comply with Planning for Bushfire Protection 2006, which requires the management of developments that may start a bushfire or are a potential hazard to adjacent areas or fire fighters during a bush fire. The development application process will ensure that any proposal complies with Planning for Bushfire Protection 2006.

 

Adjoining Land Owners

Roads and Maritime Services (RMS) own adjacent properties (to the rear) and advised that it did not object to the proposal on the basis of there being no change to the planning controls for its properties and that vehicle access and other factors that may restrict the future sale or development of its properties are managed. The proposal is site specific and does not seek to amend the planning controls for the RMS’ properties. The constraints of developing the site, including the location of access points will be managed by the development application process.

 

Development Application matters

A number of internal comments referenced matters that will be addressed as part of any subsequent development application process. These are summarised below.

possible future land acquisition, intersection and drainage works that may reduce the site area and therefore the potential development area.
The site is approximately 12,000m2 and the proposal indicates that approximately 3,000m2 is required for the service station. Although the design details of the potential road and intersection are still to be finalised, the site is located sufficiently to the west of the proposed road alignment and intersection site that any acquisition or works will not prevent the proposed use.

access may be limited to ‘left in-left out’ because of the amount and type of traffic using Christie Street

the existing bus stop will need to be relocated from in front of the site

landscaping and setback requirements could enhance the amenity and street frontages (relevant controls are provided in Penrith Development Control Plan 2014)

the risk of contamination to water resources needs to be managed (the contamination investigation report supporting the proposal confirmed the suitability of the site for the proposed use).

any alteration of site levels (cut and/or fill) could impact on the level of flood risk for adjacent and nearby properties, as the site is affected by flooding (from South Creek and local overland flows)

the stormwater pit and associated pipes on the site need further investigation

 

Conclusion

Council did not receive any objections to the Planning Proposal and the issues raised in the submissions and internal comments are matters that can be managed by the development application process. There is uncertainty about how much of the site might be required for the potential road and associated intersection, or if it will be included in the final Outer Sydney Orbital Corridor. It would be unreasonable to delay the Planning Proposal until the detailed design work or studies for these two infrastructure projects are complete, and in any case, the projects will be supported by land reservation and acquisition activities.

 

The Planning Proposal to expand the range of currently permissible industrial uses on the site to include service stations remains an appropriate one and should proceed to the final stage of the Gateway Process, namely the drafting and publication of an amendment to LEP 2010. The final Planning Proposal is provided as a separate enclosure (because of its size) and the amendments made to it post exhibition are summarised in Appendix 3. Council has been delegated plan making authority for this Planning Proposal, which allows Council to work with Parliamentary Counsel’s Office to deliver the necessary amendments.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition be received

2.    Council endorse the Planning Proposal (provided as a separate enclosure) to amend Penrith LEP 2010 to permit a service station at 61-73 Christie Street, St Marys

3.    Council enacts the Minister for Planning’s delegated plan making authority and works with Parliamentary Counsel’s Office to draft and publish the proposed amendments to Penrith Local Environmental Plan 2010.

 

ATTACHMENTS/APPENDICES

1.  

Site Location

1 Page

Appendix

2.  

Proposed Dunheved Link Road (indicative)

1 Page

Appendix

3.  

Post Exhibition Amendments to Planning Proposal

1 Page

Appendix

4.  

Planning Proposal to permit a service station at 61-73 Christie Street, St Marys

659 Pages

Attachments Included

 Under Separate Cover (Website)

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - Site Location

 

PDF Creator


Ordinary Meeting                                                                                                            22 August 2016

Appendix 2 - Proposed Dunheved Link Road (indicative)

 

PDF Creator


Ordinary Meeting                                                                                                            22 August 2016

Appendix 3 - Post Exhibition Amendments to Planning Proposal

 

PDF Creator


Ordinary Meeting                                                                                               22 August 2016

 

 

 

5

Fire and Rescue NSW Fire Safety Report   

 

Compiled by:               Joe Gleeson, Environmental Health and Building Surveyor

Authorised by:            Peter Wood, Development Services 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

Council is in receipt of reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area.  Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected following a complaint received.  Details of the complainants were not provided.

 

Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection by Fire and Rescue NSW to be reported to Council.

 

Most of the issues raised by Fire and Rescue NSW were of a minor nature and some had already been addressed prior to Council Officers inspecting the premises.  Other issues may take longer to resolve and this could result in the issue of Fire Safety Orders.

 

This report recommends Council continue to monitor these premises as part of its Fire Safety Audit Program and essential fire safety measures are being maintained in the buildings through Fire Safety Orders if required. It is also recommended that Council advise Fire and Rescue NSW of its decision.

Statutory Process

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act 1979 (the Act).  This report relates to such a circumstance where Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, Fire and Rescue NSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When a Council receives advice from Fire and Rescue NSW that they have inspected a premises under Section 118L of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to issue an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of Fire and Rescue NSW.


 

The details of Fire and Rescue NSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

Industrial Units 83 Cox Avenue, Kingswood

 

Inspection report received from Fire & Rescue NSW concerning, fire hose reel isolation valves not locked in the open position and could be turned off.

 

An inspection of the premises revealed that the concerns raised by Fire & Rescue NSW have been addressed by the owner of the property.

 

No further action is necessary.

 

Warehouse/Distribution Building Westpark Industrial Estate, 23-107 Erskine Park Road, Erskine Park

 

Inspection report received from Fire & Rescue NSW concerning modifications to the fire hydrant system that may not comply with the Australian Standard.

 

An inspection of the premises and supporting information provided by the tenant and property manager revealed that the modifications to the hydrant system still comply with the requirements of the Australian Standard.

 

 No further action is necessary.

 

Conclusion

All fire safety issues identified by the Fire and Rescue NSW and Council will need to be addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Audit Program.

 

RECOMMENDATION

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.    Fire and Rescue NSW be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               22 August 2016

 

 

 

6

Outcomes of Public Exhibition - Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4)   

 

Compiled by:               Krishti Akhter, Planner

Matthew Rose, Acting City Planning Co-ordinator

Authorised by:            Abdul Cheema, Acting City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

     

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

 

Executive Summary

Council’s City-wide Local Environmental Plan, known as Penrith Local Environmental Plan 2010 sets the land use and planning controls for most of the Penrith Local Government Area. The making of this plan has been a lengthy and complex exercise involving a number of stages. During this process a number of areas or matters have been deferred or removed from the plan by the Minister for Planning to allow Council to undertake further community consultation on the proposed planning controls for these deferred areas or matters.

 

The additional consultation on the deferred matters or areas is now complete. A Planning Proposal setting out the proposed planning controls was publicly exhibited in July and August 2015. Council received 29 submissions from the community and public authorities in response. This report provides the outcomes from that consultation, including a review of the submissions. It also identifies the changes required to the Planning Proposal that respond, where possible, to the issues raised in the submissions.

 

This matter was initially reported to Council in May 2016. A decision on the matter was postponed to allow for further consideration of the submission concerning minimum lot size controls for the part of the Werrington Signals site proposed to be zoned R3 Medium Density Residential. This report outlines the additional considerations before recommending the removal of the proposed minimum lot size controls from this site.

 

This report concludes by seeking Council’s endorsement for the Planning Proposal to proceed to the next stage in the NSW Government’s Gateway Process (the process for making and amending local environmental plans). This involves sending the Planning Proposal to the Greater Sydney Commission with a request that LEP 2010 is amended as necessary.

 

Background

The latest amendment to Council’s City-wide Local Environmental Plan, known as Penrith LEP 2010 (LEP 2010), was published on 28 January 2015 and set the land use and planning controls for Penrith’s residential and commercial areas. However, in considering some of Council’s proposed post-exhibition changes to the planning controls, the Minister for Planning deferred the following areas or matters to allow for further community consultation:

·     Land in Werrington Business Park, Werrington,

·     Land in French Street, Werrington (known as the Werrington Signals Site),

·     Land in Glossop Street, St Marys (east of Glossop Street and south of Chapel Street),

·     Land in Castlereagh Street, Penrith (in the Hornseywood Conservation Area), and

·     Land required by the Roads and Maritime Services (RMS) in Claremont Meadows and Orchard Hills.

 

On 18 May 2015, the Minister for Planning issued a Gateway Determination that set out the process for resolving the deferred matters, namely the public exhibition of a Planning Proposal. The Gateway Determination required Council to:

·     provide a further assessment of the change in the proposed controls for the Werrington Signals Site, and

·     undertake further community consultation on the proposed controls for all of the deferred matters or areas.

 

A Planning Proposal was subsequently prepared and publicly exhibited from 27 July until 24 August 2015 (28 days). Notification of the exhibition was delivered by newspaper advertisements and a mail out. The exhibition material was available at the Civic Centre, St Marys Office, Council’s libraries and on Council’s website.

 

Submissions

In response to the public exhibition, Council received 29 submissions from the community and public authorities. Table 1 provides a breakdown of the submissions, identifying which matters generated the greatest response. 16 of the submissions were received from the community and 13 from public authorities. A summary of the submissions is included in Attachment 1.

 

Deferred Matter

No. of Submissions

Glossop Street Precinct

·    1 public authority submission

·    13 community submissions
(including 7 pro forma letters)

Werrington Business Park & Werrington Signals site

·    6 public authority submissions

·    3 community submissions

Castlereagh Street

·    1 public authority submission

Claremont Meadows and Orchard Hills

·    no submissions

Table 1: Breakdown of submissions

 

This report provides a summary of, and a response to, the key submissions received for the Glossop Street Precinct, the Werrington Business Park and the Werrington Signals site. A detailed consideration of the issues raised in the submissions is provided in Attachment 2.

 

1.   Glossop Street Precinct, St Marys

The deferred part of the Glossop Street Precinct (i.e. the area east of Glossop Street and South of Chapel Street) was originally exhibited as part of Stage 2 of Penrith LEP 2010 (May – July 2013) with a R4 High Density Residential zone and maximum building heights of 12 to 15 metres. In response to significant community concerns about the potential development outcomes facilitated by these controls, Council resolved (in November 2013) to amend the proposed zone to R3 Medium Density Residential and support it with a maximum building height of 8.5 metres. These were the proposed controls contained in the publicly exhibited Planning Proposal.

 

The majority of the submissions supported the R3 Medium Density Residential zone and maximum building height of 8.5 metres. Seven of the 13 submissions were pro forma or standard letters that incorrectly interpreted the exhibition material as proposing the original R4 High Density Residential zone. These submissions subsequently objected to the application of the R4 High Density Residential zone and expressed a preference for the R3 Medium Density Residential zone.

 

One submission requested that the originally proposed planning controls for the Precinct (high density residential) be reinstated, noting that the Precinct is within walking distance (800 metres) of St Marys Town Centre and Train Station.

 

The proposed planning controls in the Planning Proposal (R3 Medium Density Residential zone and maximum building height of 8.5 metres) respond to the community’s concerns. The request to adopt the higher density residential controls is not consistent with Council’s resolution of November 2013 for this area and is, therefore, not supported.

 

One submission was also received for a specific site located within this Precinct: 26-28 Gidley Street and 42 Chapel Street. This site currently contains two 2-storey office blocks and a single storey detached dwelling. This submission stated a preference for the originally proposed R4 High Density Residential zone or, alternatively, the application of the B4 Mixed Use zone. The submission also requested that the current additional permitted use of office premises for 26 and 28 Gidley Street be retained in LEP 2010.

 

The additional permitted use provisions do not need to be included in LEP 2010 as the site is already developed with office buildings. The Standard Instrument Template for Local Environmental Plans aims to minimise the listing of additional permitted uses, particularly when that use already exists. The existing use right provisions of the Environmental Planning and Assessment Act 1979 allow that use to continue, be altered or expanded.

 

2.   Werrington Business Park and Werrington Signals site

This area, which comprises the Western Sydney University’s Werrington Campus and part of the Werrington Signals site, was initially exhibited (in May-July 2013) with a B7 Business Park zone. In response to the submissions received, Council deferred its decision on the planning controls for these sites (in November 2013) to allow for the investigation and testing of an alternative selection of land use zones with the landowners, the former Penrith Business Alliance and representatives of the (then) Department of Planning and Infrastructure. The landowners included the University and the owners of the Werrington Signals site.

 

This subsequent review resulted in Council resolving in April 2014 to apply the R3 Medium Density zone to the western part of the Werrington Signals site and maintain the B7 Business Park zone for the remainder of the site and the University’s campus. This was exhibited in the Planning Proposal. The key submissions on these proposed planning controls were made by the University and the planning consultant representing the owners of the Werrington Signals site.

 

(a)  Western Sydney University’s submission

The University’s submission related to the controls proposed for the part of the campus known as the Werrington Business Park (the Business Park). The submission supported the proposed B7 Business Park Zone but raised concerns with the proposed additional local clause restricting the size of warehouse and distribution centres, and the mapping of the heritage-listed Werrington Park House.

 

The University did not object to the current heritage listing for Werrington Park House (653-729 Great Western Highway, Werrington), but rather the way it is identified on the Heritage Map. The University is concerned with the identification of the entire lot that Werrington Park House is located on, rather than its specific location or curtilage.

 

Comment – Warehouses and distribution centres

The Standard Instrument Template for LEPs mandates the permissibility of ‘warehouse and distribution centres’ in the B7 Business Park zone. These uses generally have low employment densities and are not considered to align with the higher order and higher density employment outcomes sought for the Business Park. The intention of the proposed clause is to prevent the proliferation of warehouse and distribution centres throughout the Business Park to support the desired employment outcomes by:

·     limiting warehouse and distribution centres to 50% of the gross floor area of a development, and

·     requiring that these uses are ancillary to higher order health, cultural and technology industries.

 

The University is concerned that the proposed clause will be too restrictive and has asked Council to instead consider a standard for the size of the warehouse or distribution centre that is linked to the number of jobs generated by a development. However, Council does not generally require developments in business zones to provide a minimum number of jobs, as this control would be difficult to draft or implement, particularly as uses change over time. The proposed additional local clause is considered to be a balanced approach that supports the delivery of higher order employment uses and any storage or transport functions that such uses may require.

 

Comment – Heritage listing of Werrington Park House

The Department of Planning and Environment’s (the Department) current Standard technical requirements for LEP maps (the Mapping Guidelines) requires the entire lot(s) that a heritage item or place is located on to be identified on the Heritage Map. There is no discretion to identify the location or curtilage of a heritage item within a lot even if the lot is significantly larger than the heritage item. The Department has recently advised that it is seeking to introduce some flexibility into the identification of heritage items located on large lots, but has not at this time updated its Mapping Guidelines.

 

It is important to note that the purpose of the Heritage Map is to only identify the presence of a heritage item. A more detailed assessment would be required for development proposals for, or close to, the heritage item. Such assessments identify the location of the heritage item, its curtilage and its setting and propose measures to manage the item and any identified impact from the proposed development.

 

(b)  Werrington Signals Site submission

A submission was made by the landowner’s planning consultant which requested the following amendments:

1.    The realignment of the E2 Environmental Conservation zone applied to the watercourse located on the site,

2.    The amendment of the proposed planning controls for minimum lot sizes for subdivision and height of buildings for the part of the site proposed to be zoned R3 Medium Density Residential, and

3.    The listing of a service station as an additional permitted use on the part of the site proposed to be zoned B7 Business Park.

 

An independent peer review of this submission and the recommended response was organised to ensure that the submission was fairly considered, that the proposed response is sound on planning grounds, and to maintain probity and transparency of the process. The review concluded that an appropriate analysis of the key issues raised in the submission had been undertaken, and concurred with the recommendations made. Attachment 3 provides a full copy of the report from the peer review. A summary of the response to each of these issues is set out below.

 

Comment – E2 Environmental Conservation Corridor

The submission requested that the E2 Environmental Conservation zone be amended to align with the existing watercourse running north to south through the site. This zone was published as part of Amendment No. 4 to LEP 2010 (January 2015). Investigation revealed that the E2 Environmental Conservation does not accurately align with the watercourse due to a mapping error. It is recommended that the alignment of the E2 Environmental Conservation corridor is corrected.

 

Comment – Changes to the Planning Controls for Minimum Lot Sizes and Building Heights

For the part of the site proposed to be zoned R3 Medium Density Residential, the submission requested that the minimum lot sizes for subdivision be removed and that the maximum building height be increased from 8.5 metres to 12.5 metres.

 

Given that the adjoining residential areas to the immediate north and west of the site have a maximum building height of 8.5 metres, increasing the building height of the site would permit development outcomes that are significantly different from the characteristics of the adjoining residential areas.

 

With regard to the request to remove the minimum lot sizes, it is noted that the land to the north of the Site is zoned R1 General Residential with no minimum lot size. Whilst the R1 zone may be more appropriate for the site (as it allows for a continuation of the R1 zone that applies to the north), a change in the exhibited zoning is likely to trigger re-exhibition of the Planning Proposal.

 

Alternatively, the R3 Medium Density Residential zone could be retained and the minimum lot size requirement (400m2) removed. This would provide opportunities to develop small lot housing, which are single dwelling houses on lots ranging from 200m2 to 450m2 with frontages between 6 – 12 metres. Allowing small lot housing on the site would provide opportunities to deliver more affordable housing, would integrate with the surrounding two-storey residential development and is consistent with Council’s strategy of providing greater housing densities close to existing and planned employment centres. There is also a growing demand for residential housing in Penrith. The Penrith Housing Demand Analysis (prepared by SGS Economics and Planning in 2015) found that there is a greater preference for denser forms of residential housing across Penrith.

 

On this basis, it is recommended that the R3 Medium Density Residential zone is retained for the site and the minimum lot size for this land (400m2) removed. It is recommended, however, that the exhibited 8.5 metre building height be retained. This would not prevent the owners from pursuing a site specific planning proposal to amend the building height controls.

 

 

 

 

Comment – Additional Permitted Use of a Service Station

The submission requested that service station be listed as an additional permitted use on 731-739 Great Western Highway and part of Lot 50 French Street, Werrington (Lots 50 & 56 DP 1069025). These properties are proposed to be zoned B7 Business Park, a zone that prohibits service stations. The submission argued that such a use would provide a catalyst for the development of the intended Business Park and provide a local retail service for future residents and workers.

 

However, the submission did not provide sufficient information to assess the impacts of permitting such a use on these properties. An assessment of traffic movements, location of entrances and exits, and whether such a use would have ancillary operations such as a car wash, convenience store and a café or restaurant would be required. This level of detail would also be required to consult with the Roads and Maritime Services, because of the properties’ location on the Great Western Highway. In the absence of this information, the current prohibition of service stations on the site should be retained. Further, a service station is not considered to be a use that advances the objectives of the B7 Business Park zone relating to encouraging higher order job opportunities associated with health, cultural and higher technology industries. This would not prevent the owners from pursuing a site specific planning proposal, supported by the necessary studies and information, to permit a service station as an additional use on the site.

 

Council officers concluded review of this submission with a meeting with the owners of the Werrington Signals site and their planning consultant. This meeting explored the development outcomes being pursued for the site, the constraints in delivering them as part of this Planning Proposal and the opportunities available to pursue the desired development outcomes through a site-specific planning proposal. Agreement was reached that a site-specific planning proposal was the appropriate course of action.

 

Post-exhibition changes to the Planning Proposal

A fundamental consideration in the Gateway process is the nature and extent of any changes made to the Planning Proposal in response to the public exhibition, and whether such changes are material to the operation and outcomes of the LEP. Where potential changes are deemed to be material to the operation and outcomes of the LEP, it needs to be re-exhibited to ensure that the community can comment on the amended Planning Proposal.

 

On this occasion, it is considered that the removal of the minimum lot size for the R3 Medium Density Residential component of the Werrington Signals Site would not alter the operation and outcome of the LEP and, therefore, would not warrant re-exhibition. However, Council’s correspondence to the Greater Sydney Commission will clarify that should removal of the minimum lot size result in re-exhibition, that the Planning Proposal should proceed with the exhibited minimum lot size of 400m2. Rather, a site-specific proposal would to be encouraged, as re-exhibition of the entire Planning Proposal would further delay inclusion of the deferred areas into LEP 2010.

 

Review of the submissions received in response to the exhibition of the Planning Proposal is complete. The Discussion Paper in Attachment 2 sets out the proposed changes to the Planning Proposal that are considered to respond to the submissions and fall within the flexibility of the Gateway Process. Attachment 4 summarises the proposed changes to the Planning Proposal. The revised Planning Proposal is included in Attachment 5.

 

Amendments to Penrith Development Control Plan 2014

Should Council resolve to remove the 400m2 lot size for the site, amendments to Penrith Development Control Plan (DCP) 2014 will be required. Additional guidelines and controls in the DCP are necessary to ensure that development on smaller lots is undertaken in a coordinated manner and constructed to an acceptable standard. In particular, additional guidelines are required on landscaped areas, outdoor areas, solar access, privacy and provision of car spaces. A further report would be presented to Council when draft amendments to the DCP are prepared.

 

Conclusion and next steps

The review indicates that there are no constraints to progressing the Planning Proposal to the next stage of the Gateway Process. Council was not delegated plan making powers for this Proposal.

 

Should Council endorse the amended Planning Proposal, it will be updated with the policy directions endorsed by Council tonight, and sent to the Greater Sydney Commission for consideration. Officers will liaise with the Greater Sydney Commission and Parliamentary Counsel’s Office to ensure that the proposed amendments to LEP 2010 are accurate.

 

RECOMMENDATION

That:

1.    The information contained in the report on Outcomes of Public Exhibition - Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4) be received.

2.    Council endorse the changes made to the Planning Proposal, as shown in Attachment 4.

3.    Council endorse the revised Planning Proposal for Deferred Matters from Penrith Local Environmental Plan 2010, as shown in Attachment 5, and forward it to the Greater Sydney Commission with a request that the Commission make the plan in accordance with the Environmental Planning and Assessment Act 1979.

4.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal prior to its submission.

5.    Council endorse the preparation of a draft amendment to Penrith Development Control Plan 2014 to review the relevant controls to ensure consistency with the removal of the minimum lot size requirements for the Werrington Signals site.

6.    A further report be presented to Council following the preparation of the draft amendments to Penrith Development Control Plan 2014.

 

ATTACHMENTS/APPENDICES

1.  

Summary of Submissions and Recommendations

6 Pages

Attachments Included

2.  

Discussion Paper

35 Pages

Attachments Included

3.  

Report from Peer Review

14 Pages

Attachments Included

4.  

Summary of Proposed Changes to Planning Proposal

4 Pages

Attachments Included

5.  

Amended Planning Proposal

98 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

7

Amendment to Penrith Development Control Plan 2014 -
Road patterns requiring half road construction and dedication   

 

Compiled by:               Nicole Dukinfield, Senior Planner

Authorised by:            Abdul Cheema, Acting City Planning 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

Plan for and facilitate delivery of release areas and urban renewal in the City

     

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

 

Executive Summary

The Penrith Development Control Plan (DCP) 2014 includes chapters E5 Emu Plains, E8 Kingswood and E15 St Marys/North St Marys which require half road construction and dedication of land at several locations where proposed road patterns are identified.

 

Amendments are proposed to these chapters to ensure that the development of the land is consistent with these proposed road patterns and provides incentives to do so. The amendments will ensure a stronger nexus between the proposed road pattern and development of the affected sites. It is proposed to insert new controls with the provision for dual frontage requirements, reduced landscaping area incentives and fencing requirements. In addition, an amendment is proposed to remove a road pattern which is no longer required in Emu Plains.

 

Council’s resolution is sought to prepare a draft DCP amendment including these proposed amendments and undertake public exhibition of the draft DCP.

 

Background

As part of the approval of development applications where the DCP outlines proposed road patterns, Council has been requiring the dedication of land for creation of public roads, or construction of roads and subsequent dedication to Council, to ensure that development meets the vision for this area.

 

The DCP has historically been used as Council’s policy position on the matter, as no Section 94 Development Contributions Plan applies for the purpose of acquisition and/or construction of the land for the road.

 

Chapters E5 Emu Plains, E8 Kingswood and E15 St Marys/North St Marys identify proposed road patterns at the following locations:

·    Towle Close, in the vicinity of Troy and Emerald Streets, Emu Plains

·    Kohlenberg Close, in the vicinity of Brougham Street, Emu Plains

·    Acorn Street, in the vicinity of Grey Street, Emu Plains

·    Stock Avenue, in the vicinity of First Street and Jones Street, Kingswood; and

·    Aylett Street and Gross Avenue, in the vicinity of Boronia Road, North St Marys.

 

To give effect to the road pattern, the DCP outlines a control that requires developers to dedicate land for the creation of relevant road patterns as indicated, or construct that part of the road adjacent to their property and dedicate it to Council.

 

It is proposed that revised controls be inserted into the DCP for each location to clarify Council’s position for proponents to construct and dedicate the road; create a stronger nexus between proposed development and the proposed road; incentivise the dedication and construction of road by reducing landscaped area requirements; and ensure appropriate development controls for fences fronting the proposed road.

 

As several properties in each of the locations identified above have already dedicated and constructed the land, the relevant road pattern in each of the locations are partially completed. It would set an undesirable precedent should Council decide to retain the current controls and potentially create an issue of inequity in relation to other developers who have complied with the DCP controls.

 

Proposed Amendments to the Penrith DCP 2014

Where controls apply to proposed road patterns in the DCP, the following new controls are proposed to be inserted:

 

1.   Dual Frontage

It is proposed to insert a control outlining that any development of the land must provide dual frontage to the proposed road for vehicles and pedestrians. This will create a stronger nexus between the proposed development and the proposed road.

 

2.   Landscaping

It is proposed to insert a control providing for a reduction in landscaping requirements where the dedication and construction of the road is provided. The current controls for landscaping in zones where these proposed road patterns apply requires a minimum of 40%-50% of a site area to be provided as landscaped area. The proposed control will provide for up to a maximum of 10% reduction in the minimum landscaping requirement to applicants who agree to dedicate and construct the part of the road. This reduction will provide for a greater developable area to offset the loss of some of the land for the proposed road.

 

3.   Fencing

It is proposed to insert a control clarifying that the proposed road must be treated as frontage to a street and that fences should not be constructed of solid metal panels and must be ‘open-style’ fencing. This will ensure that the development of land makes a positive contribution to the safety and amenity of the new streetscape. It is also proposed that minor amendments to the wording of the existing controls to clarify that developers must construct and dedicate the land for the proposed roads.

 

4.   Remove Proposed Road Pattern in the vicinity of Troy Street

A review of the proposed road pattern fronting Troy Street has shown that there is no identified need from a strategic planning perspective for a road in that location. Advice from Council’s Engineering and Planning Departments have indicated their support for this proposed amendment. The current and proposed road pattern for this area is shown in Appendix 1.

 

Alternative options

Council could consider implementing other mechanisms to ensure the construction and dedication of land for the purposes of the proposed road patterns. These mechanisms are largely confined to two alternative options – prepare a Section 94 Development Contributions Plan for the construction of proposed road patterns, or rezone the land to SP2 Infrastructure (Local Road). However, these alternative mechanisms are not recommended for the following reasons.

 

The ability to prepare a new Section 94 Development Contributions Plan to fund the acquisition and construction of the proposed road patterns is limited. The Section 94 Plan could only apply to a limited number of properties as only those who would use the infrastructure could be charged, therefore with limited scope, the Section 94 Plan would not generate the funds required to acquire and construct the roads.

 

The rezoning of the subject land to SP2 Local Road would require the land to be identified on the Land Reservation Acquisition map, meaning Council would be required to compulsorily acquire the land. Without a direct development-related funding mechanism to purchase the land and then construct the road, Council would be required to redirect funding from other sources and projects.

 

An amendment to the DCP is the preferred option due to the implications of both options outlined above.

 

Conclusion

Council’s resolution is sought to prepare and publicly exhibit a draft amendment to chapters E5 Emu Plains, E8 Kingswood and E15 St Marys / North St Marys of the Penrith DCP 2014 where proposed road patterns are identified.

 

The amendments are proposed to ensure a stronger nexus between the proposed road patterns and development of the affected sites. It is proposed to insert new controls with the provision for dual frontage requirements, reduced landscaping area incentives and fencing requirements.

 

RECOMMENDATION

That:

1.    The information contained in the report on Amendment to Penrith Development Control Plan 2014 -
Road patterns requiring half road construction and dedication be received

2.    Council resolve to prepare and publicly exhibit an amendment to Penrith DCP 2014 in accordance with the changes identified in this report.

3.    A report be presented to Council following the public exhibition.

 

ATTACHMENTS/APPENDICES

1.  

Current and proposed road pattern in the vicinity of Troy Street

1 Page

Appendix

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - Current and proposed road pattern in the vicinity of Troy Street

 

PDF Creator


Ordinary Meeting                                                                                               22 August 2016

 

 

 

8

Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys  Applicant:  Education Development Association;  Owner:  Education Development Association   

 

Compiled by:               Clare Aslanis, Senior Environmental Planner

Authorised by:            Peter Wood, Development Services 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
Council is in receipt of a Section 96 application seeking to modify the previously approved adaptive re-use of the “Mimosa” heritage property as Mirrabooka Study Centre at 13 Pages Road, St Marys.  The application is being reported to Council for determination in accordance with Council’s resolution at the Ordinary Meeting held on 27 June 2016, that:

“development and modification applications for places of worship and community centres be determined by Council rather than under delegated authority”.

The original development application (DA15/0544) was approved under delegated authority on 7 September 2015.
The Mirrabooka Study Centre is an undertaking of the Education Development Association, a registered not‑for-profit organisation. The centre aims to assist young males to “grow in character, competency, maturity and concern for others” through various programs and mentoring. These activities are led by the teachings of the Opus Dei faith.

The subject Section 96 application seeks approval for minor modifications to the previously approved plans. The proposed modifications do not seek to alter the nature of the use or the size of the approved development.

The modification application was notified to adjoining and nearby property owners and occupiers with a public exhibition period from 20 May to 3 June 2016. No public submissions were received in response.

An assessment of the modified development has been undertaken in accordance with Section 79C and Section 96(1A) of the Environmental Planning and Assessment Act 1979, and based on this assessment the Section 96 application is recommended for approval subject to condition amendments.

Site and Surrounds

The subject site has frontages to Pages Road, Putland Street, Sainsbury Street and Neale Street and is known as 13 Pages Road, St Marys. Within the immediate vicinity of the site is Victoria Park to the east, medium density residential development to the south and commercial/industrial land uses to the north and west.

The “Mimosa” property including the residence, fencing and garden is a local heritage item under Penrith Local Environmental Plan 2010. Mimosa is one of the more significant and grand historic houses in St Marys. It was completed in 1894 for Andrew Thompson, a successful tanner of St Marys. It is a late Victorian suburban middle-class Italianate villa. The site includes an expansive mature garden, surrounded by a palisade fence and demonstrates the evolution of the St Marys village settlement. There are a number of mature trees on the site screening views to the Mimosa residence.

 

The site is approximately 120m south of the Great Western Highway and has a land area of 3,718sq.m.

 

A locality plan is provided at Attachment No. 1.

Background

The original development application (DA15/0544) for the adaptive re-use of the Mimosa property was approved under delegated authority on 7 September 2015. This approval included following aspects:

·    Construction of a single storey building at the rear of the site to be used as a community facility for learning and development by young males from the local community. This involves individual tutoring and personal study with a maximum of 20 students on-site at a time, divided by age group.

 

·    The use of the existing garage as a recreational room.

 

·    Operating times of 3:30pm to 7pm on weekdays and 9:30am to 8pm on Saturdays.

 

·    Use of the Mimosa dwelling as a residence for the staff of the facility with several alterations:

 

Construction of ensuites in 3 bedrooms;

Replacement of existing internal doors;

Construction of an awning to link the external toilet and storage areas to the main dwelling;

A new 6 space car park at the western end of the property.

 

Relevant plans of the proposal as originally approved are provided at Attachment No. 2.

Proposed Modifications to the Development

The proposed modifications to the previously approved development include the following aspects:

 

·    Removal of an existing fire place from floor to ceiling, retaining the bottom layer of bricks and the chimney. The fire place removal is intended to facilitate the more efficient use of the kitchen and laundry spaces.

 

·    Construction of a new vehicular crossing, driveway and car parking space off Putland Street. This car space will be used by the residents and staff for more secure access and will provide a loading area for the Mimosa residence.

 

·    Installation of a new pop-up skylight at the rear of the Mimosa residence to introduce natural light into this area. Contemporary materials are proposed to integrate with other more contemporary alterations.

·    Installation of a business identification sign for the study centre adjacent to Sainsbury Street. The freestanding sign will be 1m wide by 1m high and will stand 2m above natural ground level. No illumination is proposed.

 

·    Partial retention of the existing Colorbond fencing in the rear yard which was initially approved to be removed to improve privacy to users of the site. The approved palisade fencing will be constructed in front of the study centre building.

 

Relevant plans of the amended proposal are provided at Attachment No. 3.

 

Planning Assessment

The modified development has been assessed in accordance with the matters for consideration under Section 79C and Section 96(1A) of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for consideration.

 

1.       Section 96 – Modification of Consents


Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (the Act), Council may modify a development consent provided several parameters are satisfied. These parameters are addressed below.

 

·    Council can be satisfied that the proposed modifications are of minimal environmental impact. The site will be able to operate as per the original approval with improved amenity for the occupants of the Mimosa residence.

 

·    The modified development is substantially the same as the development that was originally approved under DA15/0544.

 

·    The modification application was notified to nearby and adjoining property owners and occupiers. No submissions were received in response.

 

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

 

Penrith Local Environmental Plan 2010

The subject site is zoned R2 Low Density Residential under the provisions of Penrith Local Environmental Plan (LEP) 2010. The proposed development, being a “community facility”, is permitted with Council consent in the R2 zone.  The proposed modifications to the approved development do not alter the proposal’s compliance with the provisions of the LEP.

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

 

Penrith Development Control Plan 2014

C9 - Advertising and Signage

 

The proposed sign relates to the use of the building and will be contained wholly within the property. It is simple in design and structure to ensure that it does not detract from the architecture of the building or the landscaping of the site.

 

There are no existing signs on the site and the proposed sign will be free standing with dimensions of 1m wide by 1m high and will stand 2m above natural ground level within the setback area to Sainsbury Street. The proposed sign is therefore an appropriate business identification sign and will be subordinate to Mimosa’s Pages Road frontage.

 

Council’s Heritage Advisor has reviewed the proposed sign and is satisfied that it will not detract from or obscure the architectural details of the Mimosa residence.

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

The proposed modifications to the development will not compromise fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

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

 

Context and Setting

The modified proposal is in keeping with the residential character of the locality.

 

Heritage

The applicant has provided a detailed Heritage Impact Statement in support of the modification application. This document has been reviewed by Council’s Heritage Advisor who has given support to the application subject to compliance with the recommendations contained within the report. These recommendations have been incorporated into the submitted plans for the revised proposal. In this regard, where the existing fire place is to be removed from the historic servant’s quarters, the bottom course of bricks will be retained and floorboards laid over the bricks and the chimney will also be retained. These measures will ensure that the heritage item is able to be interpreted and the exact size and location of the fire place can be identified if future studies are undertaken on the site.

 

Other proposed alterations including the proposed skylight, new car parking arrangements, signage and partial retention of the Colorbond fencing in the rear yard are considered to have a low impact on the heritage item and will improve the amenity for the occupants.

 

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

The site is considered suitable for the development. The proposed modifications will have minimal impacts and will not impede on the amenity of surrounding land uses.

 

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

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

 

Referral

Comments

Building Surveyor

No objections.

Development Engineer

No objections.

Heritage Advisor

No objections subject to compliance with Heritage Impact Statement recommendations.

Tree Management Officer

No objections.

 

In accordance with Appendix F5 (Notification and Advertising) of Penrith Development Control Plan 2014, the modified development was publicly notified and exhibited from 20 May to 3 June 2016. Council notified 159 owners and occupiers of adjoining and nearby properties, with no public submissions received in response.

 

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

The modified proposal is unlikely to have a negative impact on the character of the area and the amenity of the immediate residents and is therefore considered to be in the public interest.

 

 

Conclusion

The modified development has been assessed against the relevant heads of consideration contained in Section 79C and Section 96(1A) of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The site is suitable for the development and the proposal is in the public interest. The proposal is therefore worthy of Council’s support.

 

RECOMMENDATION

That:

1.    The information contained in the report on Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys be received.

2.    Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys be approved subject to amended Condition 2.1.

2.1 Amended Condition:

The development must be implemented substantially in accordance with the plans tabled below and stamped approved by Council, the application form, and any supporting information received with the application, except as may be amended in red on the approved plans and by the following conditions:

PLAN

NUMBERED

DRAWN BY

DATED

Site Plan

1405 DA-02 Revision B

Nimbus Architects

29 April 2016

Ground Floor Plan

1405 DA-03 Revision B

Nimbus Architects

22 June 2016

First Floor Plan

1405 DA-04 Revision F

Nimbus Architects

5 June 2016

Sections Plan

1405 DA-05 Revision F

Nimbus Architects

5 June 2016

Elevations Plan

1405 DA-06 Revision B

Nimbus Architects

22 June 2016

Material Selection

1405 DA-07 Revision F

Nimbus Architects

5 June 2015

Car Parking Plan

1405 DA-09 Revision F

Nimbus Architects

5 June 2015

Landscape Plan

1405

Nimbus Architects

14 May 2016

Stormwater Plans

H1.1 to H4.1 (Revision P2)

Nimbus Architects

5 June 2016

Proposed Study Centre

1405 DA-02.02 Revision B

Nimbus Architects

29 April 2016

Mimosa Parking Plan

1405 DA-02.04 Revision B

Nimbus Architects

29 April 2016

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Attachments Included

2.  

Approved Plans

4 Pages

Attachments Included

3.  

Revised Plans

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

9

State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek   

 

Compiled by:               Julie Condon, Development Enquiry Coordinator

Authorised by:            Peter Wood, Development Services Manager 

Requested By:            Councillor Greg Davies

Councillor Maurice Girotto

 

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

In May 2015 an application for a Major Project for the Construction and Operation of an Energy from Waste (EFW) electricity generation plant in the Blacktown Local Government Area was lodged with the Department of Planning and Environment (the Department).

 

Council made a submission regarding the potential for certain visual and environmental impacts which may arise from the development and requested that compliance with environmental standards to be sought as a part of the assessment process.

 

The application is currently back with the proponent to respond to the submissions. It will then be assessed by the Department and a determination made.

 

Councillors will be kept informed of any significant developments regarding the application and its assessment and determination.

Background

In May 2015 an application for a Major Project for the Construction and Operation of an Energy from Waste (EFW) electricity generation plant was lodged. The State Significant Development; Proposal No. SSD-6236 is for a proposed Energy from Waste Facility at Honeycomb Drive, Eastern Creek is located in the Blacktown Local Government Area.

 

During preparation of the Environmental Impact Statement (EIS), 2000 surrounding residents were notified by letterbox drop in Erskine Park and 2000 in Minchinbury. This process was to identify key community issues to inform the requirements for technical areas to be included in the EIS.

 

The application was lodged with the Department and underwent public exhibition which included notification of residents and Council. The extent of notification of Erskine Park residents which was undertaken is outlined in Attachment No.1. The proposal documentation was reviewed by Council Officers and a submission made to the Department on the 21 July 2015. A further submission was made on the 18 September 2015. A site plan and perspective views of the proposal are contained in attachment Nos 2 and 3.

 

These submissions identified potential issues regarding visual impacts, air quality and construction noise as well as a request to address shortcomings identified in the Environmental Impact Statement. 

The Proposal

Development Application (DA) (SSD 6236) is for a proposed Energy from Waste Facility at Honeycomb Drive, Eastern Creek (Lots 1, 2, 3 and 4 DP 1145808). The application for State Significant Development (SSD) was submitted to the Department of Planning and Environment as the Minister for Planning is the consent authority.

 

The development proposal involves the construction and operation of an Electricity Generation Plant, which will allow for unsalvageable and uneconomic residue waste from the Genesis Xero Material Processing Centre (MPC) and a Waste Transfer Station (WTS) to be used for generation of electrical power.

 

The project proposes construction and operation of an energy from waste facility for the thermal treatment of up to 1.35 million tonnes of waste per year and includes a boiler house, steam turbines for electricity generation and stacks for air emissions. The project is State Significant Development because it is an electricity generating work that has a capital investment value of more than $30 million and therefore triggers the threshold in State Environmental Planning Policy (State and Regional Development) 2001.

 

The development site at Honeycomb Drive Eastern Creek is located adjacent to the Penrith Local Government area at Erskine Park as shown in Attachment No 4.

 

Penrith Council Submission

As an adjoining Council to the proposed development site Penrith City Council was notified of the application, and made a submission to the Department which raised the following issues for further consideration;

 

·        The application has not demonstrated that the proposal will not result in significant visual impacts when viewed from within Erskine Park. In this regard, the visual impact assessment has not considered the impact of the development on views from within the property boundaries of residential development sites. In particular, properties 7 - 10 Hocking Place & 167- 187 Swallow Drive, Erskine Park.

 

·        Should consent be granted, ongoing operational air quality monitoring should be undertaken, representative of potentially impacted residential receivers with Penrith Local Government Area, to ensure compliance with operational air quality and emission criteria.

 

·        Should consent be granted, construction noise monitoring should be undertaken representative of potentially impacted residential receivers located within the Penrith Local Government Area and where noise exceedances are identified, appropriate noise mitigation measures employed.

 

Blacktown Council commissioned an independent review of the EIS which identified inadequacies in the EIS and the application, which prevented a full and detailed assessment to be undertaken. Penrith Council made a further submission to the Department requesting that the key environmental concerns raised in the independent assessment be addressed to confirm that no environmental impacts would result from the development. It was also requested that if the impacts could not be suitably addressed that consent not be granted to the application.

 

Current Status

The submissions made regarding the application have been referred back to the proponent for review and response. The Department have advised that the proponent is preparing a consolidated response to the submissions which will be placed on exhibition once it has been finalised.

 

The Response to Submissions report will undergo a full public exhibition process for a period of thirty (30) days. This will include;

 

·    Notification to all previous submitters (State government agencies, councils and the general public)

 

·    Advertisements in newspapers.

 

If more than twenty five (25) submissions are received regarding the amended proposal; they will be referred to the Planning Assessment Commission who may decide to undertake public meetings. In the event that a public meeting is held the details of the meeting will be notified to all parties who made a submission.

 

Next Steps

It is anticipated by the Department that the revised documentation will be submitted in mid-October 2015 and that the public exhibition will take place during November 2016.

 

Council staff will undertake a review of the proposal when it is re-exhibited and make a further submission regarding any issues identified. Council officers will consult with Blacktown Council during the formulation of any submission which will be made.

 

At the conclusion of the public exhibition, the Department will undertake an assessment of the proposal taking into account the relevant planning policies, submissions and advice from technical experts and other Government Agencies. The application and recommendation will be referred to the Planning Assessment Commission for determination under delegated authority.

 

Council will be kept informed of any significant developments regarding the application and of its determination.

 

RECOMMENDATION

That the information contained in the report on State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek be received.

 

ATTACHMENTS/APPENDICES

1.  

Notification Map

1 Page

Appendix

2.  

Site Plans

1 Page

Appendix

3.  

Perspective Views

2 Pages

Appendix

4.  

Locality Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - Notification Map

 

PDF Creator


Ordinary Meeting                                                                                                            22 August 2016

Appendix 2 - Site Plans

 

PDF Creator


Ordinary Meeting                                                                                                            22 August 2016

Appendix 3 - Perspective Views

 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                                            22 August 2016

Appendix 4 - Locality Plan

 

PDF Creator

 


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

10      Stony Creek Road - Culverts Proposal                                                                            51

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

10

Stony Creek Road - Culverts Proposal   

 

Compiled by:               Michael Jackson, Design and Projects Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

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

      

 

Executive Summary

A request was made by Councillor Kevin Crameri OAM at the Ordinary meeting of 27 June 2016 for the cost to raise the Stony Creek Road causeway using square shaped culverts.  This report examines the feasibility of the creek crossing in the context of engineering, surrounding roads and planning.

Background

To the east is the development area of Marsden Park. Blacktown City Council acknowledged that Stony Creek Road (causeway) was not expected to take any additional traffic as a result of the proposed Marsden Park release area, and hence there can be no financial contributions from those development lands towards any proposed upgrade of the causeway.  As part of the Marsden Park release area, Garfield Road is to be extended westwards from Richmond Road to Stony Creek Road within the next 4 years.  This new road link will be provided as an alternate route for traffic in a northerly direction and will serve as a high level detour in the event of closure of the causeway (see Appendix for the current alternate routes and the proposed new road). Construction of the associated housing development has already begun.

 

The 1:20yr (5%) flood level for the causeway is 7.7m above the current causeway and the length of road impacted by that flood level is 1.17km long.  The most recent rain event in June 2016 was approximately 1:20yr (5%) in severity and survey data pertaining to that event has been recorded at relevant road crossings along South Creek, which has demonstrated that the adopted flood modelling is correctly calibrated.  The existing causeway has been upgraded with safety measures and boom gates with warning lights to close it in the event of flooding.

 

It is noted that the Stony Creek Road causeway is not currently a project which has been prioritised by Council for the next 4 year delivery program and is not currently funded for either implementation or further investigation.  Discussion with Blacktown Council staff indicates it is also not a priority project for them due to the alternate road being constructed from Marsden Park to Shanes Park as above.  As a result, all costings supplied in this report are initial estimates only and would be subject to significant expenditure on consultancy to validate them further.  As an order of cost they are representative of the magnitude of the proposal.

Engineering Feasibility Assessment

The placement of square section concrete culverts above the existing pipe culvert causeway is not possible without undertaking thorough geotechnical investigations and civil designs.  Given the scale of the structure being proposed and the force and volume of floodwaters impacting, it is very unlikely that the existing small scale structure would be able to be readily modified to provide sufficient support for either vertical or lateral loadings. 

 

As a comparison, the 74m long shared path pedestrian bridge across South Creek at the Great Western Highway (GWH) required 8-12m deep concrete piles for a structure which did not support vehicular traffic.  That pedestrian and bicycle bridge cost $1.2m to construct.  It is reasonable to assume that any substantial structure across another section of South Creek would have a similar or greater structural requirement.

 

The proposed height of the square shaped culverts has not been specified in the Councillor request, but if the intent is to have the road open to traffic during the majority of frequent rain events to justify the expenditure, then we shall take the 1:20yr (5%) height as the lowest feasible starting point.  Any lower structure would partially block the floodway and is likely to cause significant additional flooding upstream in the more frequent events.  In larger storm events the 1:20yr structure would still have this effect and the extent of additional flooding caused in the area immediately upstream would have to be modelled.

 

If a substantial structure was to be constructed, recommended practice would be to construct it at least 500mm above the 1:100yr (1%) flood level so as to reduce this risk of upstream flooding and damage to the structure during storm events.  The 1:100yr height is an additional 3.2m above the 1:20yr height, and the total length of road extends from the previous 1.17km to 2.41km, all of which would need to be bridge type construction in that instance.

 

At this point, based on the above assumptions we have only a 1:20 year solution which is an approximately 500m long bridge structure more than 9m high with an additional 500m of road raising required on the southern side of the crossing.  Square shaped culverts are not a practical engineering solution for a structure of this magnitude.  In comparison to the GWH shared path pedestrian bridge, this proposed structure is at least three times wider, 7 times longer and many metres higher.  At a simplistic estimate, that translates to a cost of up to $25m for the required bridge.  This figure excludes the 500m section of raised road. 

 

For reference, a smaller 1:5 year solution would still potentially result in a bridge approximately 150m long, obstructing the existing floodway, and at a cost of approximately $7-8m.

Conclusion

Based on the above initial feasibility it is not considered reasonable to undertake further investigation unless significant funding is to be made available.  Given the planned new road nearby will negate any reason for Blacktown Council to support this project, and the current low volumes of traffic which will have multiple alternative safe paths available to them in the event of any road closure, it is not recommended that this road crossing should be given priority in upcoming programs.

 

Any further investigation will entail significant investment if Council is of a mind to include this proposal in a future Delivery Program.

 

 

 

 

RECOMMENDATION

That the information contained in the report on Stony Creek Road - Culverts Proposal be received.

 

 

ATTACHMENTS/APPENDICES

1.  

Stony Creek Rd - Alternate Routes

1 Page

Appendix

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - Stony Creek Rd - Alternate Routes

 

 

 


 


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

11      Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood                               57

 

12      Grant acceptance for 'Our River - Pathways and Fitness'                                               66

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

11

Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood   

 

Compiled by:               Lila Kennelly, Community Engagement Officer

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

This report provides Council with an update on the Penrith Mayoral Challenge 2016, including an overview of the participatory process undertaken with students from Kingswood Public School to redesign the playground at Chapman Gardens Kingswood. Included in the report is the concept design for the renewal of this playground created in collaboration with the students (Attachment 1). 

 

The Penrith Mayoral Challenge is focused on engaging young people in the design and delivery of enhancements to public space in priority Neighbourhood Renewal areas. The project offers young people the opportunity to participate in place making activities, build skills in leadership and decision making, and engage in civic life. Acting as local place makers, young people have a leading voice in designing improvements to their local public space.

 

In June 2016, the Mayor, Councillor Karen McKeown challenged a group of students from Kingswood Public School to create a design for the Chapman Gardens playground that can be enjoyed by everyone in the community. The young people have worked alongside their teacher, their parents and Council staff to engage their community, and create a design aimed at improving the playground for all.

 

This report recommends that Council receive the information on the Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood.

Background

Council endorsed the delivery of the Penrith Mayoral Challenge - Youth Participation and Placemaking Pilot Project as a three-year pilot project in March 2015.

 

The pilot program was established following the successful Callisto Drive Playground Enhancement Project 2014 which saw young people design improvements for the reserve located in Cranebrook. The former Mayor, Clr Ross Fowler OAM, challenged students participating in the 2014 Cranebrook Youth Leadership Forum to share their ideas for enhancing the space after hearing them speak passionately about their neighbourhood.

 

With encouragement and support from Council’s Neighbourhood Renewal team, the Cranebrook Youth Leadership Program (Cranebrook High School) made a formal submission to Council’s Operational Plan 2014-15 and spoke to the Ordinary Meeting of Council on 23 June 2014, presenting their ideas for improvements to Callisto Drive Reserve, Cranebrook. The students’ ideas helped transform the playground into a significantly more accessible, and inclusive public space now enjoyed by the local community.

Following the success of the project in Cranebrook, the then Mayor, Councillor Fowler OAM, requested that opportunities to replicate this outstanding process of youth civic engagement in other parts of the City be explored. As a result of this investigation The Penrith Mayoral Challenge has been developed as a pilot project over a three-year period. 

 

The objectives for the Penrith Mayoral Challenge pilot project include;

 

·    Providing the opportunity for young people to take leadership on the enhancement of local parks including decision making opportunities

·    Engaging young people with civic processes that develop future leadership capacity, confidence, aspiration and connection with the broader community

·    Supporting young people to plan for the needs of others within their community.

·    Providing young people the opportunity to develop their capacity for critical thinking and interpersonal skills

·    Supporting positive stories of young people in Penrith

 

The Penrith Mayoral Challenge pilot commenced in Barr and Bass Reserve, Colyton in 2015 with the Neighbourhood Renewal team working with students from Bennett Rd Public School and Colyton High School. The twenty-five students completely reimagined Barr and Bass Reserve, working together to design a new, enhanced playground for their community.

 

 

Mayor Clr Karen McKeown and Deputy Mayor Clr Ross Fowler OAM cut the ribbon to celebrate the official opening of Barr and Bass Reserve with the students on April 1, 2016.

 

Barr and Bass Reserve has now been transformed into a colourful, vibrant playground that has been well used and regarded by the local community. The Colyton students helped to organise an official launch and community celebration of the playground that was held in April 2016. Students said they felt very proud to have been part of creating a new space for their community, and were impressed with the final outcome at Barr and Bass Reserve.

 

One of the unexpected outcomes of the project was the informal mentoring that took place between Colyton High School students and the Bennett Rd Public Students. The Year 9 students were able to share their experience of high school with the year 5 and 6 students who were curious and unsure of what to expect. The project helped foster connections between the students that will support the primary students to transition smoothly into high school.

Another unexpected outcome has been the care and investment demonstrated by Team Colyton, and other residents, in looking after the new playground. Residents have reported spending time caring for the playground, including using their own sprinklers to water the turf. Other residents brought their own watering cans to nurture newly planted trees. Team Colyton made a funding submission to Fiona Scott, then Member for Lindsay, Stronger Communities Program to fund a proposed decorative community garden.

 

Many residents reported feeling proud of the young people and their contributions to the playground and local community.

 

Following Chapman Gardens in Kingswood 2016, Lincoln Park in Cambridge Park, will serve as the site for the delivery of the Penrith Mayoral Challenge in 2017.

 

Penrith Mayoral Challenge 2016 Engagement and Design Process


The Mayor, Councillor Karen McKeown, opened the Penrith Mayoral Challenge 2016 at Kingswood Public School in June, challenging the young people to develop a design for Chapman Gardens that their whole community can enjoy.

 

Twenty students from Kingswood Public School aged 9 – 11 years eagerly rose to this challenge, participating in five workshops through which they shared their ideas for enhancing the playground. Through the process the young people developed their skills in leadership and community engagement, and worked together to create a new design for the playground.

 

 

The Mayor, Clr Karen McKeown opens the Penrith Mayoral Challenge 2016 challenging the young people to be leaders and create a new park design for all to enjoy.

 

Participants developed their understanding of leadership and agreed on the leadership qualities they wanted to embody throughout the project to ensure the best outcome for their community.

 

Together the students agreed that leadership means:

·    Making important decisions

·    Asking the opinion of others

·    Encouraging and believing in others

·    Keeping people safe

·    Helping, explaining, being a good sport

The group also agreed that as leaders in the project they would try to:

·    Care for everyone

·    Think about what is best for others

·    Protect people

·    Think before acting

·    Help others

·    Encourage others

·    Always try and lend a helping hand

·    Do what is right

 

The student’s remarkable capacity for leadership and thinking of others was evident in their early ideas for the playground which included; improving safety, providing more seating options for parents and older park users, providing fitness equipment to improve community wellbeing, installing no smoking signs, and improving the natural features of the park.

 

Participants undertook a community engagement activity at an afterschool BBQ hosted by the Neighbourhood Renewal team at Chapman Gardens. The students carried out over 100 surveys, with both adults and children responding. The survey feedback highlighted that the majority of respondents visit the playground daily or weekly, and wanted to see an overall improvement of the playground. 

 

 

Kingswood Public School student participants conduct a survey with a local resident at the community BBQ hosted by Neighbourhood Renewal in Chapman Gardens Playground in June 2016.

 

The majority of survey respondents wanted to see the playground enhanced to include contemporary play equipment, more seating and table options, colour, plants, a bubbler, and overall a larger area for play and recreation. Both the survey and observations by Council officers also indicated that the main users of the playground were primary aged school students and their parents and carers.

 

 

 

 

Summary of Key Priorities for Chapman Gardens

 

Informed by the community events and survey, students worked in four groups alongside Council’s Parks Program Coordinator, Landscape Architect, and the Neighbourhood Renewal team to develop their designs for the playground. Each group considered the $100,000 budget, and discussed the site’s layout and features before developing designs. Students presented their concept designs to each other, identifying the similarities amongst the four designs.

 

Council’s Landscape Architect reviewed each of the designs to find the common themes in order to create two concept designs. The young people were presented with these concepts and after much discussion voted on a preferred design that they felt met the objectives and best reflected the feedback that they had received from the community. Through this process, students learnt more about how local government and the role of elected representatives in decision-making.

 

The preferred design (Attachment 1) has been endorsed by the group of students. 

 

 

Students share their ideas for the playground at the first workshop in May 2016.

 

The following provides an overview of the elements the students felt were important to consider in the design for the Chapman Gardens playground based on community feedback and decisions participants made as a group.

 

Overall the playground should:

·    Be accessible and inclusive, offering something for everyone in the community, including children, adults, older people and people with mobility restrictions

·    Feel safe, and utilise natural shade

·    Be family friendly and include more options to sit, socialise and picnic

·    Include play equipment that offers a mix of play experiences

·    Include space for free play and resting

·    Be more colourful and interesting

 

The key playground elements should include:

·    A senior multi-play unit

·    Swings

·    Play equipment for toddlers

·    Handball court

·    Free space for running, and games

·    Picnic setting

·    A new pathway connection

·    Bubbler

·    Seating

·    No smoking signs

 

Feature colours:

·    Equipment colours should be predominantly blue and lime green with pops of purple, red and orange.

 

Consideration of other Priorities

Throughout the workshop process, the students considered the budget, making decisions about which priority elements and features should be included. The students learned about the cost of park equipment, and carefully selected equipment and features to suit their community within the $100,000 budget.

The young people grappled with the budget and used consensus processes to come to the design in front of Council at this meeting. Some elements such as a flying fox did not make it into the design due to site constraints.

Other items such as stencils on the pathways for example hopscotch, or artworks created by the students, fitness equipment and a climbing net were considered to be a high priority should funds be made available through savings in the delivery of the project or through future funding opportunities such as grants.

 



Students from class S2S3H at Kingswood Public School with the Mayor Clr Karen McKeown
.

Conclusion

The Penrith Mayoral Challenge 2016 has seen a passionate group of young people contribute their ideas, and make important decisions about the renewal of Chapman Gardens for their community. The students have worked alongside Council staff in the City Presentation, Design and Projects and Place Management Departments to develop their preferred design.

Throughout the process the participants displayed their great capacity for leadership, decision making, and their ability to consider others in the neighbourhood. The Neighbourhood Renewal team are proud of the participants’ earnest contributions in creating the design for the Chapman Gardens playground. They have proven themselves to be compassionate and thoughtful young people with an active interest in their own community.

The Penrith Mayoral Challenge 2017 will provide young people in Cambridge Park the opportunity to participate in place making, and continue to further Council’s capacity for undertaking participatory and collaborative projects with community.

 

 

RECOMMENDATION

That the information contained in the report on Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood be received.

 

ATTACHMENTS/APPENDICES

1.  

Penrith Mayoral Challenge 2016 Concept Design

2 Pages

Appendix

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - Penrith Mayoral Challenge 2016 Concept Design

 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                               22 August 2016

 

 

 

12

Grant acceptance for 'Our River - Pathways and Fitness'   

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

Council has been successful in obtaining $115,000 for the Our River precinct in the 2015 Metropolitan Greenspace Program. The funding will contribute to the continuation of a shared path in Tench Reserve (north).  The report recommends that the information contained in the report be received, that Council accept the grant funds and send letters of thanks to those involved.

Background

The ‘Our River – Pathways and Fitness’ grant application under the NSW Department of Planning’s Metropolitan Greenspace Program (MGP) was lodged in November 2015. With pathworks now complete along River Road, Emu Plains, attention for the funding of capital improvements is now focused on the eastern side of the River.  This is in line with the Our River Masterplan, adopted in November 2013.

Current Situation

Design and construction for the Great River Walk in recent years has focused on the shared path along River Road, Emu Plains. With this section now complete, attention is now focused on components of the Our River Masterplan, which includes a continuation of upgrades to the Great River Walk routes.

 

The ‘Our River – Pathways and Fitness’ grant application under the NSW Department of Planning’s Metropolitan Greenspace Program (MGP) was lodged in November 2015. The project scope included pathworks along Tench Avenue in Tench Reserve and a number of fitness/exercise stations in the same park. The total project value was $320,000 of which 50% or $160,000 being the funding sought.

 

Council has been notified that its application has been successful yet for a reduced amount of $115,000. The assessment committee considered the rationale and evidence of public demand for fitness or exercise equipment/stations was not sufficient to justify funding of this component of the project and made the same decision on a number of other applications in this year’s round.

 

As a result this project will focus on the continuation of pathworks currently being delivered in stages.  As a condition of the grant, this project should be completed within 24 months. The total project value is $230,000 and Council’s required 50% contribution of $115,000 is proposed to be provided from the District Open Space Contributions Plan.

 

 

Acting Financial Services Manager’s Comment

Acceptance of the grant offer for this stage of the implementation of the Our River precinct commits Council to matching funding of $115,000. The progression of the Great River Walk has been a priority for a number of years and the upgrade of this section of the Great River Walk route will build on the recent completion along River Road, Emu Plains. Council’s required contribution is able to be accommodated within the budgets and programs included in the 2016-17 Operational Plan as outlined in this report, and be funded from the S94 District Open Space Plan.

 

Conclusion

The MGP has supported the GRW in Penrith with grant funding since 2003.  This stage will continue both the GRW and the Our River Masterplan.  We seek Council’s endorsement to accept the grant funds of $115,000 from the MGP.

 

RECOMMENDATION

That:

1.    The information contained in the report on Grant acceptance for 'Our River - Pathways and Fitness' be received

2.    Council accept the grant funds from the NSW Department of Planning’s Metropolitan Greenspace Program and send letters of thanks to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

13      Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills              71

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

13

Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills   

 

Compiled by:               Hans Meijer, City Assets Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets

Wayne Mitchell, Executive Manager - Environment & City Development 

Requested By:            Councillor Maurice Girotto

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Manage infrastructure and plant to ensure volunteers are provided with adequate resources

      

 

Executive Summary

Councillor Maurice Girotto on 1 August 2016 requested that information be provided regarding the Erskine Park Rural Fire Service building and surrounds, including an update of the flooding impacts of 4-5 June 2016 storm/rain event. It is recommended that the information provided within the report be received and that both the Rural Fire Service and Penrith SES be thanked for their assistance during the 4-5 June 2016 storm/flood event.

 

Background

Councillor Maurice Girotto on 1 August 2016 requested that information be provided regarding the Erskine Park Rural Fire Service building and surrounds, including an update of the flooding impacts of 4-5 June 2016 storm/rain event.

 

An initial memo to all Councillors regarding properties/facilities impacted (which also identified Erskine Park RFS) was provided on 16 June 2016. The Penrith SES responded to 98 calls for assistance during the 4-6 June. Ten of these jobs were forwarded and completed by the Rural Fire Service. No out of area assistance was required due to local volunteers in both the SES and RFS responding.

 

Council staff have been working with a range of organisations to restore premises and sites impacted by the storm and flooding in June 2016.  These have included:

 

·    Erskine Park RFS, 367-369 Mamre Road, Orchard Hills

·    Riding for the Disabled, Orchard Hills

·    The CARES facility, Werrington. 

·    The Kingsway sports fields, Werrington

·    BMX facilities, Werrington (which were available for use for competition the following weekend following assistance by Council staff). 

 

A summary of damage at the Erskine Park RFS is as follows:

-     Portions of the perimeter fencing

-     RFS volunteers vehicles

-     Septic tank

-     Kitchen (including fridges)

-     Office (including furniture)

 

Following the flooding, an assessment by Council’s insurers was required across a range of facilities.  Finalisation of claims are still in progress, hence a delay in fixing/replacing damaged assets.  In relation to the fencing at Erskine Park RFS, fencing repairs were completed on 6 August for portions of the fence damaged by the impact of the rising water through the site.

 

The Development Application for the new rural fire station was approved in 2004 on corridor land which is owned by the Department of Planning (367-369 Mamre Road).  The building site was filled but it was acknowledged that the finished floor level was still 0.5m below the 1:100 year flood level.  This type of building was deemed to be suitable in this location and complied with Council’s “Flood Liable Land and Interim Policy for Development of Flood Liable Land 1991” at the time.  The building was to be constructed of flood proof materials with all electrical services raised and protected.  The building was not proposed to be used during periods of flood for emergency services.

 

It should be noted that in the initial assessment for the location of Erskine Park RFS that the Rural Fire Station was to house fire tankers and was only intended to be occupied during bush fire emergency and training operations.  In the instance of the June storm event, RFS volunteers were assisting the SES in their operations due to the extent of impact of the storm.  As the RFS volunteers were “on duty” the RFS insurance has covered damage to volunteer’s vehicles at the Erskine Park RFS.

 

Flooding along South Creek was caused by the significant volume of water within the catchment upstream from Orchard Hills.  Much of the water was generated in the Picton region, which then travelled downstream through the Nepean River and South Creek.

 

From the debris marks on the fence (and within the building) it appears that the water was at a depth of approximately 1 metre.  This is approximately the equivalent of a 1 in 20 year flood.

 

Council staff continue work with both the RFS and insurance to restore the site to pre-flood conditions in the shortest possible timeframe.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills be received.

2.    The Penrith SES be thanked for their work during and after the 4 - 5 June 2016 storm/flood event.

3.    The Rural Fire Service be thanked for their assistance during the 4 - 5 June 2016 storm/flood event.

 

ATTACHMENTS/APPENDICES

1.  

367 - 369 Mamre Road Orchard Hills - Erskine Park RFS Station

1 Page

Appendix

  


Ordinary Meeting                                                                                                            22 August 2016

Appendix 1 - 367 - 369 Mamre Road Orchard Hills - Erskine Park RFS Station

 

 

 


 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                                Page

 

14      Community Assistance Program Planned Component 2016-17                                     77

 

15      Men's Sheds in the Penrith LGA                                                                                      85

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

14

Community Assistance Program Planned Component 2016-17   

 

Compiled by:               Sonia Dalitz, Social Planner

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Resource and implement social programs that contribute to community wellbeing

      

 

Executive Summary

This report informs Council of the applications received in the 2016/17 Planned Component of the Community Assistance Program (CAP).

 

Council has an annual Community Assistance Program through which small grants are allocated to non-profit organisations and community groups to meet local community needs. This Program enables many organisations and groups across the City to deliver activities, programs and events that build community capacity and contribute to the wellbeing of our communities. The maximum grant available under the program is $1,200. The available budget is $30,000.

 

Eligible applications have been given a ranking of high, medium or low.

 

A total of 63 applications requesting a total of $70,312 were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. Of these, 33 have been recommended with a high ranking for either full or part funding as outlined in Table 2 of this report. The total amount recommended for the 33 applications with a high ranking is $30,203. It is proposed that the shortfall of $203 be taken from the rolling component of the Community Assistance Program.

 

Of the remaining 30 applications, 9 applications still met the assessment criteria and have been assigned a medium ranking. The total amount recommended for either full or part funding of these 9 applications is $9,000. A rationale against the assessment criteria for the 9 medium ranking and 21 low ranking applications is provided at Attachment 1. 

 

The report recommends that Council receive the information contained in the report on Community Assistance Program Planned Component 2016-17.  The report also recommends that Council approve funding the highly ranked applications and amounts totalling $30,203 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $203 allocated from the Rolling Component of the 2016/2017 Community Assistance Program.

 

Background

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

 

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

 

The Planned Component of the program is undertaken once a year. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of Community Assistance Program funds ($30,000) are allocated under the Planned Component.

 

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

 

All Planned and Rolling Component applications are assessed against the eligibility and assessment criteria as outlined in the Community Assistance Program Policy adopted by Council on 24 September 2007.

 

Eligibility and Assessment Criteria

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

 

·       Community based non-profit organisations providing one off activities

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

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

 

Fundraising programs or organisations whose main role is to fundraise are not eligible. Any organisation or group that received funding in the 2015/16 financial year were required to submit to Council a short evaluation form that included project outcomes.

 

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

 

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

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

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

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

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

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

·        Whether the proposal is realistic;

·        The cost effectiveness of the proposal;

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

 

The panel for assessing CAP applications comprised:

 

·    Erich Weller, Community and Cultural Development Manager

·    Melissa McSeveny, Social Planning Coordinator

·    Sonia Dalitz, Social Planner

 

2016/2017 Planned Component Timeframe

 

The 2016/17 Community Assistance Program Planned Component funding round opened for four weeks commencing on 11 July and closing on 8 August.  The funding round was advertised in the Western Weekender, on Council’s website homepage and was also promoted through a range of local community interagencies and networks. 

 

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

 

Planned Component Funding History

 

Council has received 63 applications requesting a total of $70, 312.00 for Community Assistance Program funding in the 2016/17 Planned Component. The number of requests for funding is consistently high and amounts requested significantly exceed the available budget which is $30,000.

 

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

 

Table 1 – Funding History

 

 

Applications Received

Funding Requests

Funding

Available

Applications Recommended

 

2015/16

 

67

 

$73,265

 

$30,000

+9,990 Voted Works

 

35

13

 

 

2014/15

 

69

 

$77,130

 

$30,000

+$9,000 Voted Works

 

 

37

10

 

 

2013/14

 

51

 

$54,714

 

$30,000

 

34

 

 

2012/13

 

56

 

$55,236

 

$30,000

 

37

 

 

2011/12

 

101

 

$111,229.00

 

$30,000

 

44

 

 

Applications Highly Recommended for Funding

 

Of the 63 applications received, 33 have been recommended with a high ranking for funding of either all of the requested amount, or an adjusted amount in light of the merit of the project. Where there is a recommendation for part funding, the amount recommended was based on the applicant’s own budget and the response they provided to the question on the application form; “If you only got part of the funding you have asked for, would you still be able to go ahead with your project? Which part of the project could change?”.

 

The total amount recommended for the 33 projects with a high ranking is $30,203. Table 2 below is a summary of all projects with a high ranking that are recommended for funding.

 

Table 2- High Ranking Projects

 

No

Name of Group

Project Title

Project Description

 Area

$  Requested

$ Recommended

1

Association

of Bhutanese in Australia

Keep our Culture and Language Alive

To hold an event that creates opportunities for cultural and language performance and education.

Kingswood, Werrington and

St Marys

$1,200

$900

2

Aweil Community of NSW Inc

 

Awareness Raising Movie Night

To hold a community event that raises awareness of the cultural issue of forced marriage and its negative impacts.

Penrith LGA

$1,200

$1,000

3

Caring Hearts Community Quilters

Portable Sewing Machines

To purchase two small portable sewing machines for ease of use by our frailer members.

Penrith LGA

$600

$600

4

Community Junction Inc

Rooby's Koori REaDing Corner

To purchase literacy resources that will assist in connecting children, parents and carers with Aboriginal culture.

Penrith LGA

$1,186

$1,186

5

Community Junction Inc

Youth Social Inclusion Project

To purchase equipment for workshops including cooking and sport activities for young people to build team work and develop life skills.

Werrington and surrounds

$735.94

$736

6

Community Junction Inc

Twilight Theatre

To purchase a generator that can be used to hold events including outdoor movie nights.

North St Marys and surrounds

$1,185

$1,000

7

Fusion Western Sydney

St Marys Community Cinema Event

To hold a free family friendly outdoor community cinema evening.

St Marys

$1,200

$900

8

Glenmore Park Anglican Church

Children’s Play Group Inclusion

To purchase toys and items for our playgroup that will improve the inclusion of children with disabilities and their families.

Penrith LGA

$416.90

$300

9

Kingswood Park School P&C Association

Moonlight Cinema Celebration

To hold an outdoor event that celebrates local community achievements throughout 2016.

Kingswood Park

$1,200

$850

10

Leep NGO Inc

Digital Leep Festival

To hold an event that provides opportunities for Penrith residents to increase their level of digital inclusion.

Penrith LGA

$1,200

$1,000

11

Luke Priddis Foundation

Autism Chillout Zone

To purchase resources to create a casual and relaxing space for parents and children.

Penrith LGA

$1,200

$600

12

Nepalese Community of Western Sydney (nCows)

Nepalese Community Family Fun Day

To hold an event that engages and involves all ages in sports and recreational activities.

Penrith LGA

$1,200

$900

13

Nepean

Blue Mountains Prostate Cancer Support Group Inc

Audio Visual Facility

To purchase a computer to support the provision of professional awareness raising of prostate cancer by guest speakers at our monthly meetings.

Penrith LGA

$1,200

$1,000

14

Nepean Community and Neighbourhood Services

Penrith Aboriginal Men's Group

To initiate a regular program of activities for Aboriginal Men from across Penrith.

Penrith LGA

$1,200

$900

15

Nepean Community and Neighbourhood Services

Koori Cuppa Women’s Group

To purchase craft items that support Aboriginal women to come together for social and emotional wellbeing and stay connected to community.

Penrith LGA

$1,200

$900

16

Nepean Community and Neighbourhood Services

Birth and Pamper Pack for Young Parents

To run pamper sessions and education workshops that prepare young women and their partners for the birthing experience.

Penrith LGA

$1,200

$1,200

17

Nepean Community and Neighbourhood Services

Braddock Playtime Supported Playgroup

To purchase resources for a free supported playgroup targeting children under school age, offering  high quality educational and social experiences.

Cranebrook

$1,200

$1,000

18

Nepean District Historical and Archaeological Group

Boost Internet signal and family history

To purchase a booster for our internet signal and join Ancestry.com to undertake research projects.

Penrith LGA

$495

$299

19

Nepean Men’s Shed

Shed

Land- scaping

To engage members in planting shrubs, trees and grasses to beautify the front of the Nepean Men’s Shed property.

Penrith LGA

$917

$500

20

Nepean Therapy Dogs Incorporated

Reading Program for Children

To purchase resources for a program for vulnerable children to overcome social anxiety and fears by using trained therapy dogs.

Penrith LGA

$1,200

$800

21

No Boundaries Art Group

No Boundaries ArtAbility Open Day

To hold an open day event at the No Boundaries studio to celebrate International Day for People with Disabilities.

Penrith LGA

$840

$840

22

Nordoff Robbins Music Therapy

Music Therapy

To purchase a video camera to assist evaluating programs by filming music therapy sessions with people with disabilities.

Penrith LGA

$1,149

$1,149

23

Penrith City Garden Club Inc

Technology Refresh

To replace aging computer hardware and software that is used in local sustainability promotions.

Penrith LGA

$1,200

$1,000

24

Penrith Community Kitchen Inc

Christmas Lunch 2016

To provide a cooked Christmas lunch and a small gift for those in need.

Penrith LGA

$1,200

$1,000

25

Penrith PCYC

Traditional Indigenous Games Workshop

To hold a series of Aboriginal Games workshops for Aboriginal and Torres Strait Islander people to transmit knowledge and skills associated with cultural tradition in sports-related activities

Penrith LGA

$1,200

$1,200

26

Penrith Women’s Health Centre

Women's Homelessness Assistance Vouchers

To purchase resources to meet the immediate needs of referred women and their children seeking support due to domestic violence or homelessness.

Penrith LGA

$1,200

$1,000

27

Platform Youth Services

Drum Beat

To purchase drum equipment to run resilience programs for young people at risk of homelessness.

Penrith LGA

$1,200

$1,200

28

Salesian Sisters St Marys

Project 9

To purchase resources for a community hub working with Sudanese and Pacific Islander communities in Penrith.

Penrith LGA

$1,100

$900

29

St Clair and District Men's Shed Inc

Shed Member-ship

Drive

To advertise and promote membership activities for the newly formed St Clair and District Men's Shed Inc.

St Clair and surrounds

$1,180

$900

30

St Marys Area Community Development Organisation

ARTWEST Arts and Craft Exhibition

To purchase equipment that will allow additional local artists, fine arts and school students, artisans and craft people to showcase their work at the annual ARTWEST exhibition.

Penrith LGA

$1,165

$1,000

31

SteetMed Inc

The StreetCare Project

To purchase a marquee that will assist the provision of street level first aid, metal health assistance and advocacy to the homeless and at risk in Penrith.

Penrith LGA

$1,158

$1,158

32

Team Colyton

Team Colyton

To resource the creation of promotional materials that build community leadership.

Colyton and surrounds

$1,155

$1,155

33

WestCare Community Services Inc

PC System Upgrade

To replace ageing computers and install adequate hardware to improve the administration and meet increasing demand for our projects to disadvantaged families.

Penrith LGA

$1,080

$1,080

 

Ranking of Applications

Of the 63 applications received 33 were given a high ranking and these are summarised in Table 2 above. There are 30 applications seeking a total of $34,349 that have been allocated a medium or low ranking through the 2016/17 Community Assistance Program Planned Component assessment.

 

Of these 30 applications there are 9 that met the assessment criteria and have been allocated a medium ranking. These 9 medium ranked applications total an amount of $9,000 for either full or part funding, and are listed in Attachment 1 to this report.

Of the remaining applications, 21 did not sufficiently meet the assessment criteria and have been allocated a low ranking. These are listed in Attachment 2.

Summary

Council has received 63 applications, requesting a total of $70,312.00 for Community Assistance Program funding in the 2016/17 Planned Component. The available budget for the CAP Planned Component is $30,000. After careful consideration against the identified criteria, 33 projects totalling $30,203 have been ranked highly and are recommended for funding. It is proposed to take the additional $203 from the available rolling component budget of the Community Assistance Program. An additional nine projects totalling $9,000 have been given a medium ranking.

 

The high ranking projects that are recommended for funding cover a range of target groups and suburbs across the city, address many different social and related needs, and include a number of city-wide initiatives. A Mayoral Certificate Presentation to all successful recipients is planned to be held on 22 September 2016.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Community Assistance Program Planned Component 2016-17 be received

2.    Council approve funding the highly ranked applications and amounts totalling $30,203 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $203 allocated from the Rolling Component of the 2016/2017 Community Assistance Program.

 

 

ATTACHMENTS/APPENDICES

1.  

Community Assistance Program Planned Component 2016-17 Medium Ranked Applications

3 Pages

Attachments Included

2.  

Community Assistance Program Planned Component 2016-17 Low Ranked Applications

6 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

15

Men's Sheds in the Penrith LGA   

 

Compiled by:               Sonia Dalitz, Social Planner

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Facilitate and resource community services networks to support social cohesion

      

 

Executive Summary

 

The purpose of this report is to inform Councillors about three community based Men’s Sheds currently operating in the Penrith Local Government Area. It includes an update on the recent acquisition by the Nepean Men’s Shed of one acre of land with a 900 square metre shed facility at 18 Simeon Road Orchard Hills. Once a final occupancy certificate is issued, the Nepean Men’s Shed property will open to the public as the largest Men’s Shed under one roof in Australia. It is anticipated that an invitation will be forwarded to all Councillors for the official opening expected to be held in October 2016.

 

Community based Men’s Sheds are important social assets that are proven to contribute directly to the health and wellbeing of residents. The three known Men’s Sheds currently operating in Penrith are the St Clair and District Men’s Shed Inc (formerly known as “Cecil’s Place”), the Penrith Community Men’s Shed and the Nepean Men’s Shed (formerly Lower Mountains Men’s Shed Inc).

 

The report outlines the current operations of these Men’s Sheds including information about Council’s involvement and the support provided by Council officers. 

 

The report recommends that the information be received, and that Council write to the President of the Nepean Men’s Shed congratulating them on the acquisition of 18 Simeon Road Orchard Hills which will be the base for their community operations.

 

Background

 

Penrith Council is committed to fostering the establishment of further services for men in the Penrith Local Government Area. In 2010, Council commissioned a report which found some gaps in services to men including the need for a designated gathering space for men or Men’s Shed.  The “Services for Men - Penrith Local Government Area” report together with an action plan was endorsed by Council in 2010. The one outstanding action from the action plan was to support the establishment of Men’s Sheds in the Penrith LGA.

 

Council officers have continued to work with a number of men’s groups in the City and other community service providers to achieve this priority.

 

Wellbeing Benefits of Men’s Sheds

 

A major report by Beyond Blue into the benefit of Men’s Sheds in 2013 found that the Men’s Shed environment facilitates coping during significant life changes such as retirement. It confirmed that Men’s Sheds are ideally placed to reach some priority populations for health intervention and that there are clear health benefits associated with Men’s Sheds. Data gathered proved that Men’s Shed membership positively impacts on the mental health and wellbeing of participants and raised awareness of mental health issues such as depression and anxiety.

 

Financial Assistance Available for Men’s Sheds

 

Men’s Sheds are not for profit organisations that receive no recurrent government funding. To function effectively and cover operational costs such as insurance they rely on funding sources including:

 

·    Annual membership fees

·    Fundraising activities

·    Government and philanthropic grants

·    Sale of products made at the shed for example at community markets.

 

Direct financial assistance to Men’s Sheds across Australia comes principally from the Federal Government’s Shed Development Program administered by the Australian Men’s Sheds Association (AMSA). Under the Shed Development Program all Men’s Sheds in Australia can apply for up to $7,500 for Building Maintenance and Development financial support. Round 14 of this program is expected to open in June 2017.

 

Men’s Shed Membership

 

Men’s Sheds are frequently promoted as ‘Men Only’ organisations. As most Men’s Sheds are voluntary bodies (similar to other clubs and societies such as Rotary) they must comply with NSW Anti-Discrimination laws. However, Section 57 of the Anti-Discrimination Act allows non-profit organisations to discriminate in relation to their admission to membership and the provision of facilities and services to members.

 

In practice this means that it is lawful for Men’s Sheds to only allow men to join as members and participate in Shed working and meeting days. Aside from these occasions, women are generally welcomed and are able to visit Men’s Sheds and contribute to projects and events.

 

Men’s Sheds in the Penrith LGA

 

There are three known active Men’s Sheds currently operating in the Penrith LGA. Information about these Sheds and the support Council has provided is outlined below.

 

1.   St Clair and District Men’s Shed Inc (formerly known as “Cecil’s Place”)

 

Membership, Meeting Frequency and Location:

 

Approximately 35 members who meet fortnightly at Autumnleaf Neighbourhood Centre, St Clair.

 

Collaboration with other Community Organisations:

 

Meetings consist primarily of a social chat and barbeque lunch. The group also participate in mentoring projects with local schools and assist with community initiatives using the skills and trades of members, most of whom are retired. St Clair and District Men’s Shed is supported by the local community development organisation Community Junction Inc.

 

 

 

Council involvement:

 

Council’s Neighbourhood Facilities section have supported the St Clair and District Men’s Shed to set up a small 8 square metre ‘garden shed’ facility at Autumnleaf Neighbourhood Centre which stores their BBQ and miscellaneous equipment.

 

Next Steps:

 

St Clair and District Men’s Shed have recently successfully negotiated with Mamre House to set up a working shed facility on their property at Mamre Road, St Marys. It is hoped that in addition to the regular social meetings at Autumnleaf Neighbourhood Centre, the group can use this site to work on community projects that require the use of equipment.

 

Funding:

 

A gold coin donation is collected to cover social meeting costs. In 2015, the group received a $10,000 NSW Government grant to purchase resources and equipment. The group hold regular fundraising BBQ’s at local Bunnings stores.

 

More information:

 

No website is available however promotion of activities occurs via Community Junction website www.communityjunction.org.au/Community.html. The President of St Clair and District Men’s Shed Inc is Mr Tony Briffa.

 

http://www.tanyadavies.com.au/pages/images/290_1_full.jpg

Member for Mulgoa Tanya Davies presenting St Clair and District Men’s Shed with government grant

 

2.   Penrith Community Men’s Shed

 

Membership, Meeting Frequency and Location:

 

Approximately 55 members who meet weekly at the Penrith Baptist Church, Caddens.

 

http://www.penrithaustralia.com.au/images/sendbinaryevents.asp?path=imagesDB/events/PCMSLogo_1.jpg

Penrith Community Men’s Shed logo

 

Collaboration with other Community Organisations:

 

Meetings consist primarily of a social ‘cuppa and a chat’. Programs are offered such as workshops in photography, model making and basic computer skills. Projects have included distributing children’s toys at local hospitals and refurbishing second hand bikes. Once a month, Nepean Area Disability Organisation (NADO) bring some of their clients to visit the Shed to undertake mentoring projects. In June 2016 the Penrith Community Men’s Shed partnered with Ability Links to hold a community expo event during Men’s Health Week.

 

Council involvement:

 

Council’s relationship with the Penrith Baptist Church has included information sharing, referrals for local residents and promoting collaboration with other community organisations.

 

Next Steps:

 

The Penrith Community Men’s Shed is an ancillary use to the development approval of the church as a ‘Place of Worship’ which limits the range of activities the men can undertake.

 

The Penrith Community Men’s Shed are currently planning an open day for October 2016.

 

Funding:

 

The Penrith Community Men’s Shed have attracted $12,000 funding from the NSW Government Community Buildings Partnership Grant in 2015. They also received $4,200 Australian Government funding in July 2016 for new computers. They hold regular fundraising BBQ’s at a local Bunnings store.

 

The Nepean Men’s shed charge a membership fee of $50 per year which primarily covers insurance costs.

 

More information:

 

The Penrith Community Men’s Shed website is penrithcommunitymensshed.org/theshed/. The primary contact is Mr Allan Fell.

 

http://penrithcommunitymensshed.org/theshed/wp-content/uploads/2015/01/P1030115-1024x768.jpg

Penrith Community Men’s Shed members enjoying morning tea

 

3.   Nepean Men’s Shed (formerly Lower Mountains Men’s Shed Inc)

 

Membership, Meeting Frequency and Location:

 

Approximately 65 members who meet weekly at the Blue Mountains Woodcraft Centre at Mt Riverview. It is anticipated that operation of the Men’s Shed at 18 Simeon Road Orchard Hills is likely to result in a further increase in membership. 

 

http://58.107.252.199:8171/images/Nepan-Logo-297x300.jpg

Nepean Men’s Shed Logo

 

Collaboration with other Community Organisations:

 

Due to the size of the Simeon Road building, the Nepean Men’s Shed have expressed interest in possible sharing arrangements with compatible community organisations. Ideally, these would have aligned goals and be able to operate in a workshop environment. Participants would be expected to join the shed as members.

 

It is unlikely that the Nepean Men’s Shed will pursue collaborations in the first 12 months of operation as they first need to establish their operations. Once their storage and operational requirements are in place their Committee will consider requests for space sharing on a case by case basis. 

 

In the meantime they are open to collaborative projects and all requests are considered by their Committee. Examples of past projects include making bird feeders for the Winmalee Community Centre, and ‘Spin Boards’ for Spring Forward Family Centre in Penrith.

 

 

Council involvement

 

Council staff have been supporting the Nepean Men’s Shed to find a suitable location to relocate their operations to the Penrith LGA since 2013. A number of Council owned sites were investigated as well as a proposed site at the Emu Plains Sports Club.

 

In late 2014 the Nepean Rescue Association (NRO) approached the Nepean Men’s Shed offering ownership of their property and headquarters be transferred to the Nepean Men’s Shed as the NRO had recently liquidated their remaining assets and dissolved their organisation.

 

A Development Application to remove the restriction on the use of the property for non-commercial community emergency services operation only was approved at Council’s Ordinary Meeting 23 March 2015.

 

Most recently, the Nepean Men’s Shed have agreed to work with Council’s Events section to ‘upcycle’ wooden pallets to make furniture for use by the public at the upcoming REAL Festival on 4 and 5 November at Tench Reserve.

 

http://58.107.252.199:8171/PhotoLibrary2016/160311-Stuart-Ayres-Visit-20cm.gif

Members of Nepean Men’s Shed with Patron of the Nepean Men’s Shed
The Hon. Stuart Ayres, MP.

 

Next Steps:

 

The Nepean Men’s Shed have nearly completed all the conditions of approval for their operation at 18 Simeon Road Orchard Hills which included:

 

·    Sealing of entry driveway and front car parking area with bitumen

·    Installation of emergency lighting

·    Compliance with accessibility standards

 

http://58.107.252.199:8171/images/160625Shed-15.jpg

Front of Nepean Men’s Shed showing new bitumen car park

 

Figure 1 below shows the recently completed driveway and carpark works at the front of the property. Unfortunately, this work did not extend to an existing 320 square metre dirt area at the rear of the property which can become muddy in wet weather and make access to the rear of the building more difficult. The Nepean Men’s Shed are currently exploring funding opportunities to complete these works.

 

Figure 1

 

 

Funding:

 

Since the Nepean Men’s Shed have acquired the property, they have actively sought community grants to cover the costs of completing works required to occupy the building. This includes a $64,000 NSW Government Community Buildings Partnership Grant in 2015, which they utilised to complete the driveway and front entry carparking, disability access improvements and internal emergency lighting. They were also successful in attracting a 50% contribution towards renovation of the roof to fix leakages valued at around $6,000, with the gap met by their existing savings, which is primarily sourced from regular fundraising BBQ’s at local Bunnings stores.

 

The Nepean Men’s Shed have also been successful in the 2014-15 and 2015-16 rounds of Council’s Community Assistance Program for minor purchases such as t-shirt and caps for members and printing of promotional flyers.

 

The Nepean Men’s shed charge a membership fee of $40 per year, which primarily covers insurance costs, and a gold coin donation for morning tea costs.

 

More information: 

 

The Nepean Men’s Shed website is nepeanshed.org.  The President is Mr Mike Siegle.

 

Summary

 

There are three known Men’s Sheds currently operating in the Penrith LGA. They are the St Clair and District Men’s Shed Inc (formerly known as “Cecil’s Place”), the Penrith Community Men’s Shed and Nepean Men’s Shed (formerly Lower Mountains Men’s Shed Inc)

 

Council has been notified that the Nepean Men’s Shed are now the registered landowners of one acre of land with a 900 square metre shed facility at 18 Simeon Road Orchard Hills, formerly owned by the Nepean Rescue Organisation.

 

The Nepean Men’s Shed are currently progressing the remaining works required to make the property ready for issue of a final occupancy certificate. It is expected the Nepean Men’s Shed will open to the public sometime in October 2016 as the largest Men’s Shed under one roof in Australia and it is anticipated that an invitation will be forwarded to all Councillors for the official opening.

 

The three community based Men’s Sheds in Penrith represent significant social assets for residents. The report recommends that the information be received, and that Council write to the President of the Nepean Men’s Shed congratulating them on the acquisition of 18 Simeon Road Orchard Hills which will be the base for their community operations.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Men's Sheds in the Penrith LGA be received.

2.    Council write to the President of the Nepean Men’s Shed congratulating them on the acquisition of 18 Simeon Road Orchard Hills which will be the base for their community operations.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

16      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17                                                                                                                            95

 

17      Local Government NSW Annual Conference 2016                                                         98

 

18      Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling              104

 

19      Thornton Community Facility Transfer                                                                           106

 

20      Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited   108

 

21      Organisational Performance Report - June 2016                                                          110

 

22      Summary of Investments & Banking for the period 1 July to 31 July 2016                   118

 

 

 



Ordinary Meeting                                                                                               22 August 2016

 

 

 

16

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW. Section 239 of the Local Government Act 1993 requires the Tribunal to determine the categories of Councils and Mayoral Offices once every three years. The categories were not required to be reviewed this year.

 

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

 

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent is warranted. The report recommends that the fees payable to the Mayor and Councillors for 2016-17 be set at the maximum level permitted.

 

Background

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

 

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

 

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

 

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

 

Current 2016 Review

On 20 January 2016 the Tribunal wrote to the Mayor advising that general submissions from individual Councils would not be called for due to the decisions on structural or legislative reforms to local government not being finalised by the determination date of 30 April 2016.

 

The Tribunal did however seek a submission from Local Government NSW (LGNSW) which outlined that given the anticipated changes flowing on from the reforms that there was an opportunity to introduce, a new remuneration structure that properly reflects the diverse and evolving roles of mayors and councillors. LGNSW requested that the full 2.5 percent be passed on and that a review of the remuneration structure commence as soon as possible.

 

Local Government Remuneration Tribunal Determination for 2016-17

On 29 March 2016 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the period 1 July 2016 to 30 June 2017. A full copy of the Tribunal’s annual report and determination can be found attached to this Report.

 

The Tribunal was not required to review the existing categories and found that no change is warranted at this time. However, the Tribunal made the comment as it did in 2015 that the structure of local government in NSW will change over the next few years. The Tribunal stated that any future Tribunal will need to consider categorisation based on the structure and composition of Councils at that time.

 

After taking into consideration the key economic indicators including, the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent was appropriate.

 

Mayor and Councillor Fees for 2016-17

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

 

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

 

It has also been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2016-17 are based on this practice continuing.

 

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

 

Councillor Annual Fee – Minimum $17,110 & Maximum of $28,240

Mayor Additional fee* - Minimum $36,360 & Maximum of $82,270

 

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

 

Conclusion

 

In light of the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2016-17 be set at the maximum level determined by the Tribunal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17 be received

2.     The fees payable to the Mayor and Councillors for 2016-17 be set at the maximum level permitted.

 

 

ATTACHMENTS/APPENDICES

1.  

Local Government Remuneration Tribunal Annual Report and Determination

12 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

17

Local Government NSW Annual Conference 2016   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at WIN Entertainment Centre, Wollongong from 16-18 October 2016.

 

Council is entitled to nominate up to ten (10) Councillors as voting delegates for motions to attend the Conference, as well as including other Councillors as observers. In addition to this, at this year’s Conference a separate set of voting delegates will be required for voting for Office Bearers and the Board. Council is entitled to nominate up to ten (10) Councillors as voting delegates for voting for Office Bearers and the Board.

 

It is Council’s practice to sponsor up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the Conference.

 

The Association has written to Council to provide information about this year’s Conference including the structure of motions and topics to consider.

 

A copy of the draft program is provided at Appendix 1.

Background

Local Government NSW (LGNSW) will hold its Annual Conference at WIN Entertainment Centre, Wollongong from 16-18 October 2016.

 

Over the years, Council has been very successful at influencing the development of statewide LG NSW policy, particularly in the areas of planning, the environment, community planning, fire and emergency services, roads and transport and rating policy.

 

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the Conference is ten (10).

In light of the upcoming elections Council’s voting delegates will be considered at the Council’s Ordinary meeting scheduled for 26 September 2016 with registration of those delegates being made prior to the deadline of 30 September 2016.

 

 

Other Delegates and Observers

In past years, a number of Councillors from Penrith City Council have also represented either the Executive of the former Local Government Association or other industry organisations such as the Hawkesbury River County Council, in addition to this. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

 

In 2015 Council’s nominated voting delegates were Councillors Ross Fowler OAM, Mark Davies, Tricia Hitchen, Ben Goldfinch, Greg Davies, Karen McKeown, John Thain, Prue Car MP, Jackie Greenow OAM and Michelle Tormey.

 

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select 9 delegates to attend the 2015 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

 

The process for selecting the 9 delegates is entirely up to the NSW Aboriginal Land Council and, at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council could however, still make provision to sponsor up to three observers from the Deerubbin LALC pending the outcome of the selection process for the  9 Aboriginal Land Council delegates.

 

Submission of Motions

Councils have been advised that for a motion to be included in the Business Paper that they must meeting the following guidelines:

 

1.   Are consistent with the objects of the Association;

2.   Relate to Local Government in NSW and/or across Australia;

3.   Concern or are likely to concern Local Government as a sector;

4.   Seek to advance the Local Government Policy agenda of the Association and/or improve the governance of the Association;

5.   Have a lawful purpose

6.   Are clearly worded and unambiguous in nature; and

7.   Do not express preference for one or several members over one or several other members.

 

It is important to note that the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore a motion will not be included if it is operational, rather than strategic; not local government business; focused on a local issue only or if the motion is consistent with past policies and actions of LGNSW or the Local Government and Shire's Association.

 

Accordingly, Council’s motions should relate to issues which are causing concern to the Council and/or the community. The motions should also suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position.

 

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed at the latest by 18 September.

 

Should councillors bring forward any further motions after this meeting there will be one last opportunity to adopt such motions being the 5 September Ordinary Council meeting. Below are four motions developed by staff for consideration of the Council to be put forward:

Motion 1

 

Subject: Planning for Waste Services

 

Motion:

 

That Local Government NSW actively works with the Greater Sydney Commission and the Department of Planning to ensure organics, recycling and waste processing infrastructure, building design  and transport access issues are considered and covered in all 6 Sydney District Plans.  District Plans must ensure planning for adequate capacity of waste and resource recovery infrastructure.

 

Motion Details:

 

The Local Government sector is a key stakeholder in NSW planning decisions affecting waste management and resource recovery.  Local Government in the Sydney region disposes or recycles over one and a half million tonnes of household waste each year, and are the largest contractor of new infrastructure for waste management.  Councils and regional waste groups in the Sydney region have prepared Waste strategies on the expectation that adequate facilities for disposal and recovery have been included in district planning.  With Councils now offering increased recycling opportunities for recovery of household organics waste and recovery of resources direct from garbage, their role and service needs in ensuring human and environmental health outcomes and the meeting of NSW waste strategy targets should be foremost in the proposed District Plans which will ensure local government waste needs across the Sydney area are prioritised and optimal.

 

Motion 2

 

Subject: Waste Services – High Density Living

 

Motion:

 

That to ensure maintenance and improvement of residential amenity, the growth in higher density housing and traffic issues are properly considered and local government is consulted when planning for resource recovery, recycling and waste infrastructure in increased density developments.

 

Motion Details:

 

The increasing density of urban areas means basic issues of traffic and transport of waste have become priority considerations in ensuring residential amenity.  The fundamentals of planning at local government level for delivering household waste services have changed dramatically in the past 10 years.  In the Sydney area, over 44% of housing stock is now provided by multi-unit apartments, townhouses and villa developments.  This level is set to increase to over 50% in the near future. The means to deliver essential waste and recycling services to these new buildings by local government will require best practice design for waste management. Best waste design must be fully realised in the planning controls for these new developments, which will need ongoing services for decades to come. The expectation of the community is that local government will continue its primary service role in waste management even as these developments alter the nature and level of waste and recycling services available. Local government is the key stakeholder for delivery of these services to their communities and NSW planning authorities must ensure that full consultation and a cooperative approach on waste management planning controls with Councils is provided.

 

Motion 3

 

Subject: Pensioner Rebates – Increased Government Support

 

Motion:

 

That Local Government NSW call on the NSW State Government to:

 

1.   Confirm that they will continue to reimburse Councils 55% of pensioner rebates and amend the Local Government Act to preserve this important level of support to pensioners.

2.   Commit to fully funding an increase to the Pensioner Rebate and subsequent indexation.

Motion Details:


Since 1988 pensioners in NSW have received a mandatory subsidy of up to $250 on residential rates.

 

Currently Councils receive reimbursement of 55% of this subsidy from the State Government.  The Local Government Act (s581) only requires 50% of the rebate to be reimbursed from the State Government with the additional 5% currently being paid by the NSW Government. This is as a result of the Federal Government withdrawing its 5% contribution in 2014-15.

 

The NSW Government then gave an election promise to maintain the 55% funding, but Penrith City Council believes that the 55% reimbursement to Councils should be continued indefinitely and calls on the State Government to confirm its continuation by amending the Local Government Act to mandate this funding.

 

The remaining 45% is borne by ratepayers – currently more than $1.2 million in Penrith City.

 

Council also calls on the State Government to fully fund an additional increase above the current subsidy of $250, and to commence annual indexation to ensure that State and Federal funded support to our pensioner communities is enhanced and maintained at a State level.

 

Motion 4

 

Subject: Exemptions for Community Housing Providers

 

Motion:

 

That Local Government NSW call on the NSW State Government to amend the Local Government Act to remove the exemption that is currently being used by Community Housing providers.

 

Motion Details:


Recent court decisions declared community housing providers to be exempt from rates. Penrith City Council has since exempted 70 properties and abandoned approximately $90,778.

 

We presently have a further 40 properties owned by community housing providers with rates totalling $78,946 which may be subject to exemptions.

 

There are presently 1,936 properties owned by the NSW Land & Housing Corporation or Aboriginal Housing with rates totalling $2,118,708 which are presently payable by the Crown. These properties have the potential to be transferred to other housing providers and may become exempt.


Outcomes of 2015 Council Motions

Council proposed two motions to the 2015 Conference.

Council was advised that its Motion concerning the requirement for Statutory Advertising in Local Newspapers detailed below, was not included to the Conference as it was considered already apart of existing policy.

That Local Government NSW call on the NSW State Government to:

 

Amend the Local Government Act 1993 and the Local Government (General) Regulation to replace the requirements for local councils and election managers to publish notices and advertisements with requirements to publish them on their websites and in such other manner as they consider appropriate.

 

However, Council’s other motion concerning Linking Charges to the land provided below was carried and a response also below was received from the Minister.


Penrith City Council * Linking Charges to the Land

 

That Local Government NSW call on the NSW State Government to:

 

Amend the Local Government Act 1993 to allow Councils to attach all charges to the land to ensure that they are recoverable upon the transfer of the property.

 

LG NSW wrote to the Hon Paul Toole MP, Minister for Local Government on 4 November 2015 and the following response was received:

 

“The NSW Government is committed to providing modern, streamlined legislation for local government, to reduce red tape and help councils undertake their regulatory roles. The first phase of amendments to the Local Government Act 1993 is currently under consultation and future phases will address councils' regulatory and revenue-raising powers. During this future work, it may be appropriate to consider other options for debt recovery, as recommended by your members. I would encourage LGNSW to continue to pursue this matter as part of the Act reform process.”

 

Local Government Policy Review

 

This year Local Government NSW has advised Council that they propose to update the policy framework to better reflect the issues that matter to member councils. The proposed policy framework (attached) will be submitted to the conference for adoption by members. The policy framework has been identified as being outdated and grown to such a number and wide range of issues that they cannot be effectively advocated for and as such require a review.

 

 

 

 

Conclusion

Council has been successful in influencing State Association policy through its involvement in past Conferences. The Delivery Program for 2013-17 identifies Council’s role in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through a strong advocacy role. Council’s attendance and involvement at the Local Government NSW Conference is one of the activities that contribute to achieving these delivery actions.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2016 be received

2.     The Motions detailed in the report be submitted for inclusion in the 2016 Local Government NSW Annual Conference Business Paper.

3.     Council nominate its ten (10) voting delegates to attend the 2016 Local Government NSW Conference to be held at WIN Entertainment Centre, Wollongong, Sydney at the first Council meeting following the 2016 Local Government Election.

4.     Council give consideration to the nomination of observers to attend the 2016 Local Government NSW Conference to be held at WIN Entertainment Centre, Wollongong, Sydney at the first Council meeting following the 2016 Local Government Election.

5.     Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2016 Local Government NSW Conference.

 

 

ATTACHMENTS/APPENDICES

1.  

Draft Program

4 Pages

Attachments Included

2.  

Proposed LGNSW Policy Review Framework

14 Pages

Attachments Included

  


Ordinary Meeting                                                                                               22 August 2016

 

 

 

18

Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling   

 

Compiled by:               Matthew Bullivant, Senior Legal Officer

Authorised by:            Stephen Britten, Chief Governance Officer

Wayne Mitchell, Executive Manager - Environment & City Development  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide Council with legal administration, conveyancing and advice services

      

 

Executive Summary

This report provides information on the outcome of a recent decision of the Land and Environment Court in relation to a property located at 41 – 47 Jolly Street, Castlereagh (the Property).

 

Council was recently involved in proceedings through the Land and Environment Court of NSW concerning a Class 1 merit appeal. The appeal related to Council’s refusal of a Building Certificate Application, being BC15/0048, to allow an unauthorised solid metal panel fence on the property.

 

The Court upheld the appeal and ordered Council to issue a Building Certificate in respect of the solid metal panel fence on the Property.

Background

The Class 1 appeal subject of this report commenced in September 2015 after Council’s refusal of a Building Certificate Application BC15/0048 under delegated authority on 20 July 2015.

 

The subject fence is constructed of metal panel material, is approximately 2.1m in height, and runs for the majority of the allotment width at the building line. It is setback from the front boundary of the property by approximately 90m. The fence is not characterised as a boundary fence or a court yard fence. The property owner indicated that the purpose of the fence was for privacy and security.

 

Council officers refused the Building Certificate Application on the basis that the fence was not compatible with:

 

·    the existing rural residential character of the area;

·    the existing amenity of the area;

·    the scale and design of fencing that is normally found in rural areas; and

·    the bulk and scale of the material used in the metal panel fence are not compatible with Penrith Development Control Plan 2014 (DCP 2014) which provides:-

 

“Fencing is to be of an open rural nature consistent in style with that normally found in rural areas. Internal courtyard fencing or entry fencing should be sensitive to the rural environment.”

 

The matter was heard before Commissioner Dixon of the Land and Environment Court of NSW on 8 July 2016.

 

At the hearing, Council submitted the subject fence’s incompatibility with the existing rural residential character of the area, incompatibility with the existing amenity of the area, and the bulk and scale of the materials being inconsistent with the character of the rural area and DCP 2014.

 

The applicant submitted a schedule of properties in the vicinity of the Property that have solid metal panel fences adjoining dwellings, claiming that this was a representation of the character in the rural area. Council opposed this submission, stating that a search of Council’s records indicated these fences were unauthorised and that they represented a “very small part of the area”, not the dominant character.

 

In the decision, the Commissioner noted the controls relating to fences in rural areas which are found in DCP 2014 but held that it should be not be given significant weight in the determination of the Building Certificate application. The Commissioner went on to say that the issuing of a Building Certificate is a certificate on inaction and that therefore the assessment of the building certificate application against the same criteria as a notional development application was not required.

 

In this sense, the Commissioner gave no significant weight to Council’s contention that the fence was incompatible with DCP 2014 when determining whether a Building Certificate should be granted. The Commissioner found that the fence provides security and privacy to the applicant, whilst being new, secure, landscaped, well-maintained, and having a sufficient setback from the front of the Property, to be generally consistent with the existing rural area (despite only 1 solid metal fence being the subject of an approval).

 

The Commissioner stated in the decision that, it is not the Court’s role to punish the applicant for carrying out the unauthorised works but to determine whether the certificate should be issued or not in the particular facts of the case.

 

Accordingly, the Court ordered the Council to issue a Building Certificate for the metal panel fence at 41-47 Jolly Street, Castlereagh.

 

 

RECOMMENDATION

That the information contained in the report on Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               22 August 2016

 

 

 

19

Thornton Community Facility Transfer   

 

Compiled by:               Angus Fulton, Property Development Manager

Authorised by:            Andrew Moore, Chief Financial Officer   

 

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 provision of a Community Facility at Thornton has been intended as part of the infrastructure obligations to be delivered by Urban Growth NSW. This report seeks endorsement from Council to execute the transfer documentation to accept the facility under Council’s ownership.

Background

A report on the Concept Plan for the Thornton Estate (previously known as the North Penrith Urban Area) was presented to Council at the Policy Review Committee Meeting on 31st January 2011, and endorsed at the subsequent Ordinary Meeting. The report put forward a series of recommendations to be considered by the (then) Minister of NSW Department of Planning and Infrastructure as part of their assessment under Part 3A of the Environmental Planning and Assessment Act. The report and recommendations inferred that a community facility would be delivered as one of the infrastructure obligations imposed on the development.

 

Current Situation

On 9 November 2011, the Concept Plan was approved for the estate, for a mixed use residential development providing for in excess of 1,000 new dwellings, a village centre with commercial, retail and community land uses, areas of open space and areas of industrial land use. A condition of this approval requires Urban Growth to convert the temporary sales centre, located adjacent to Smiths Paddock into a Community Facility, and dedicate the related land free of cost to Council at a mutually agreed time.

 

The consent also requires the landscaping of the surrounds of the community facility to be completed prior to dedication, and maintained by the proponent to the satisfaction of Council for a period of 3 years after dedication.

 

The timeframe for dedication of the facility is now due, as a result of the increasing demand for the facility to deliver the programs requested by the community, and the capacity of the community space restricted by the current sharing arrangement with the use of part of the facility as a sales centre. Urban Growth are currently in the process of converting the building, and are therefore seeking to transfer the asset and associated land to Council.

 

Conclusion

It is recommended that Council agree to the transfer of the facility to Council, subject to the modifications to the building and land are inspected by Council Officers upon completion, and subsequently that Occupation Certificate is granted for the facility. Whilst the facility will be dedicated as a Community Centre, it is recommended that Council classify the land as Operational to ensure maximum flexibility of uses in the future as demographics and community needs evolve.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Thornton Community Facility Transfer be received;

2.    The Council agrees to the transfer of the Thornton Community Facility to Council, subject to Council Officers granting Occupation Certificate for the conversion of the facility;

3.    Council resolve to classify the land as Operational; and

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               22 August 2016

 

 

 

20

Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited   

 

Compiled by:               Matthew Bullivant, Senior Legal Officer

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide Council with legal administration, conveyancing and advice services

      

 

Executive Summary

The report recommends that the information be received and that Council endorse the appointment of Brian Steffen to the Board of the Penrith Whitewater Stadium Limited.

Background

The Penrith Whitewater Stadium Limited (the Whitewater Stadium) is a controlled entity of the Council. The objectives and operation of the Whitewater Stadium are controlled by a Board of Directors in accordance with the Constitution of the Whitewater Stadium.

 

Clause 16.1 of the Constitution provides that the Board shall consist of no less than 3, but no more than 10 Directors. The Constitution further stipulates in Clause 16.2 that Council shall appoint Directors to the Board in such a manner that the Council deems appropriate.

 

The Constitution also provides that the Board shall comprise 4 Councillors, 1 Council Officer, 1 representative of the Australian Canoe Federation and 4 other members who shall not be Councillors of the Council.

 

Up until the recent retirement of David Burns, the Board consisted of the full complement of 10 Directors.

 

Current Situation

Upon his recent retirement, David Burns tendered his resignation from the Board. Given the resignation of David Burns, the Council Officer position on the Board of Directors is vacant. It is recommended that Council endorse Brian Steffen to fill this position.

 

Brian is Council’s Executive Manager – City Assets. Brian has significant and diverse experience in senior leadership roles across the public and private sector including; General Manager Forbes Shire Council, Group Manager Information and Customer Relations Penrith City Council, General Manager Water at Country Energy,  Director General NSW Ministry of Energy and Utilities, General Manager Regulatory Affairs at Energy Australia and Regulatory Affairs Manager at AGL.

 

With experience in asset management, policy framework development, leadership, communication and customer service Brian is well placed to serve on the Board of Directors.

 

Accordingly, it is recommended that Brian Steffen’s appointment to the Board of the Penrith Whitewater Stadium Limited be endorsed by Council.

 

RECOMMENDATION

That:

1.    The information contained in the report on Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited be received

2.    Council endorse the appointment of Brian Steffen to the Board of the Penrith Whitewater Stadium Limited.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               22 August 2016

 

 

 

18

Organisational Performance Report - June 2016   

 

Compiled by:               Geraldine Brown, Budget Accountant

Brett Richardson, Acting Financial Services Manager

Samantha Sutherland, Corporate Planning Officer

Authorised by:            Andrew Moore, Chief Financial Officer   

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program for the six month period of January to June 2016. The report should be read in conjunction with the Organisational Performance Report – June 2016 (provided under separate cover), which records our progress in implementing the organisation’s operating and capital projects.

 

At 30 June 2016, 85% of Council’s 371 actions and projects were ‘on target’ or ‘completed’. 

 

Strong financial management of Council’s budget has continued throughout the final quarter. After allowing for the proposed adjustments in this report, including allocations to reserve, a small deficit of $58,426 for the quarter is proposed and this results in a surplus of $132,398 being predicted as the cumulative result for the year as at 30 June 2016 at this stage. Council’s commitment to strong budgetary controls has ensured that we are in the best available position to meet any unexpected challenges or variations in assumptions as we move forward into the new financial year.

 

This report recommends that the Organisational Performance Report – June 2016 is received, and that the revised budget estimates identified in the report and detailed in the Organisational Performance Report – June 2016 (provided under separate cover) be adopted.  A copy of the Organisational Performance Report has been provided separately to Councillors.

Organisational Performance Summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six month period, 1 January 2016 to 30 June 2016. At 30 June 2016, all 124 service activities were on target, 94% of 67 actions, 86% of 153 capital projects and 79% of 126 operating projects were ‘on target’ or ‘completed’.

 


Table 1 provides a performance summary, which overall demonstrates that Council is successfully delivering its services and programs. 

 

Table 1

 

As shown in the table above, 4 actions, 25 capital projects and 26 operating projects have been identified as ‘requiring attention’. Detailed comments, including proposed remedial actions, are outlined in the Exception Report which forms part of the Organisational Performance Report – June 2016 (provided under separate cover).

Organisational Highlights

Council’s programs and services delivered a number of significant achievements during the past six months. These include:

 

·    Community engagement for the 2017-2021 priorities commenced through an online survey.

·    Chemical Cleanout – As previous collections have been so popular, this CleanOut held in this period was extended to two days and resulted in doubled the collection.

·    In January the new E-Waste small recycling stations were introduced, to date there has been a staggering 126kg of batteries, phones, CD’s and phones collected.

·    Schools for sustainability was hosted in March in partnership with Kingswood High School.

·    As part of the Cooling the City strategy, Council partnered with One Tree Per Child to give away approximately 2,000 trees and shrubs to local families.

·    The upgrades of Wooddiff gardens was completed boasting 10 upgraded tennis court, new floodlighting, new shelter sheds and seating.

·    The 2016 Mayoral Your Challenges was launched at Kingswood Public School.

·    The new Economic Initiatives team is driving the Penrith Progression Actions plan, with the new Invest in the New West campaign online traffic trending up with as 25% increase in website hits and a 951 e-newsletter subscribers.

·    Council joined with other members of the National Growth Areas Alliance under the banner Fund Our Future. Nationally the campaign sent over 100,000 emails to political leaders. Penrith’s involvement was highly successful, resulting in four times the number of supporters signed up to the campaign.

·    32,100sqm of road pavement were rehabilitated and resurfaced utilising Roads to Recovery Funding during 2015/16.

·   Three new playgrounds were installed at