Agenda of Ordinary Meeting

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 27 FEBRUARY 2017 AT 7:30PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 6 February 2017

21 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 6 February 2017 be confirmed with the amendment to the Urgent Business Item 2 – Queen Elizabeth – Sapphire Jubilee now reading:

“Councillor Mark Davies requested that Council write a letter of congratulations to Her Royal Highness Queen Elizabeth, offering congratulations on her 65 years on the throne and as Head of the Commonwealth and expressing appreciation of her leadership and reign for the past 65 years.

22 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as an urgent matter.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

23 A MOTION was moved by Councillor Mark Davies seconded Councillor Marcus Cornish Councillor Mark Davies requested that Council write a letter of congratulations to Her Royal Highness Queen Elizabeth, offering congratulations on her 65 years on the throne and as Head of the Commonwealth and expressing appreciation of her leadership and reign for the past 65 years.

Councillor Ross Fowler OAM and Jim Aitken OAM called for a DIVISION.

*For*	*Against*
Councillor Bernard Bratusa	Councillor Karen McKeown
Councillor Kevin Crameri OAM	Councillor Aaron Duke
Councillor John Thain	Councillor Todd Carney
Councillor Mark Davies	Councillor Kath Presdee
Councillor Ross Fowler OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Ben Price

On being PUT to the meeting the MOTION was carried.”

DECLARATIONS OF INTEREST

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 9 - Compliance and Legal History relating to (No. 41-47) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: ~Ty and Deanne Gosling as a member of her family was once employed by the applicant.

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item 10 - Bank Stabilisation of the Nepean River and associated drainage works at Blaxland Crossing Reserve, Wallacia as he is the President of the Blaxland Crossing recreation and Rest Grounds Trust. Councillor Fowler stated that he would not take part in any discussion and would leave the chambers when this item is considered.

SUSPENSION OF STANDING ORDERS

24 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

Mr Paul Lemm

Item 5 – Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair Applicant: Amanda Blackburn C/- Paul Lemm Planning; Owner: ~David & Amanda Blackburn

Mr Lemm, the planning consultant for the owners of the existing business, spoke against the recommendation. Mr Lemm expressed that the recommendation to restrict the operations of the practice to just one practitioner at any one time is an outcome that would result in a significant impact on the business. Mr Lemm indicated it would result in a marked changed in patient consultations and hence business viability. Mr Lemm outlined the site constraints that do not allow the required number of car parking spaces to be fully catered for onsite and the existing business has been operating for a number of years with two practitioners and there have been no traffic implications. Mr Lemm argued that as this business is on a main road the street parking and bus stop have been sufficient enough to maintain the car parking demand for this proposed use and other surrounding businesses.

25 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete his address, the time being 7:42pm.

Mr Lemm explained this site is close to St Clair Shopping Centre and is on a main road and the use of the proposed site retains some of the existing residential appeal. Mr Lemm stated that the use has been established for some years and there are no new impacts to existing residential amenity. Mr Lemm advised that the existing residents do not believe the DA as proposed, will result in a loss of amenity. Mr Lemm concluded by expressing his view that a more flexible DCP interpretation to the DA could be made and feels the use is not having an unreasonable impact on the area and the DA should be supported with two practitioners.

Mr Thomas Lawson

Item 8 – Development Application DA16/1375 Music Concert to be held on One (1) Day in May 2017 with a Maximum of 5,000 Attendees Lot 10 DP 615085, Lot 11 DP 615085, Lot 2 DP 541825 and Lot 10 DP 615085 at Fernhill Estate (No. 1041-1187) Mulgoa Road, Mulgoa Applicant: Biofin Pty Ltd; Owner: ~Angus Securities (mortagee in possession)

Mr Lawson, the applicant and sole director of Biofin Pty Ltd, spoke in support of the recommendation. Mr Lawson highlighted that this area will be a significant place to host a concert. Mr Lawson believes inviting Jimmy Barnes to perform will create a unique Boutique concert and will showcase Penrith and Mulgoa as a tourist destination. Mr Lawson communicated that the success of this concert will further influence Australian and International performers to the area. Mr Lawson concluded by expressing this event will be an event to be proud of and enhance economic growth.

RESUMPTION OF STANDING ORDERS

26 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee that Standing Orders be resumed, the time being 7:53pm.

Mayoral Minutes

1 Passing of Peter Dransfield

27 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Peter Dransfield be received.

2 Passing of Garry McCully

28 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the Mayoral Minute on Passing of Garry McCully be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 6 February 2017

29 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 February, 2017 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 8 February 2017

30 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 February, 2017 be adopted.

3 Report and Recommendations of the Policy Review Committee Meeting held on 13 February 2017

31 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 February, 2017 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 1 - We can work close to home

1 Naming of Western Sydney Airport after Aviator William (Billy) Hart

32 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Naming of Western Sydney Airport after Aviator William (Billy) Hart be received.

2. The report be deferred to the next Ordinary meeting for Council Officers to investigate the appropriateness of the name Badgerys and its link if any to Penrith.

2 Tender Reference 16/17-10, Playground Upgrade- Emu Plains

33 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Tender Reference 16/17-10, Playground Upgrade- Emu Plains be received

2. All Seasons Landscapes Pty Ltd be awarded the contract for construction of playground works for the sum of $130,461.00 ex GST.

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

Outcome 2 - We plan for our future growth

3 Withdrawal of Caveat from the Title of Lot 42 DP 738126, Patons Lane, Erskine Park Applicant: Vic Bates; Owner: ~VACIK Pty Limited

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

That:

1. The information contained in the report on Withdrawal of Caveat from the Title of Lot 42 DP 738126, Patons Lane, Erskine Park be received.

2. Council resolve to agree to the ‘Withdrawal of Caveat’ (V121942) from the title of Lot 42 DP 738126.

3. All necessary legal documents required to extinguish the caveat be endorsed under delegation.

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

4 Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville Applicant: Foothills Vineyard Church; Owner: ~Isaiah's Vision Ltd

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

That:

1. The information contained in the report on Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville be received.

2. Development Application DA16/1007 Development Application No. DA16/1007 for Place of Public Worship, Freestanding Storage Shed, Car Parking, Landscaping & Ancillary Works at Lot 142 DP 876948, (Nos 17-27) Factory Road, Regentville be approved subject to the following conditions of consent:

2.1 Standard Conditions

A001 General

A012 Food Act

A019 Occupation Certificate

A021 Business Registration

A029 Hours of Operation and Delivery Times

A046 Obtain Construction Certificate before commencement of works

B004 Dust

B005 Mud/Soil

D001 Implement approved sediment& erosion control measures

D002 Spray grass

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

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

D013 Approved noise level 1

D026 Liquid wastes

E009 Annual fire safety-essential fire safety (Class 2-9 buildings)

E01A BCA compliance for Class 2-9

F001 General Fitout

F030 Hot water service

F035 Ceilings

F036 Service pipes

F039 Fly screens

F048 Food prep benches

F050 Light bulbs & tubes

F051 Shelving

F055 Lockers

G002 Section 73 Certificate

F004 Endeavour Energy Clearance

H001 Stamped plans and erection of site notice

H041 Hours of work (other devt)

K101 Works at no cost to Council

K201 Infrastructure Bond

K202 S138 Roads Act – Works and Structures - Minor Works in the public road driveways road openings

K203 S138 Roads Act – Works and structures - Roadworks requiring approval of civil drawings. Civil Construction in the road reserve

K210 Stormwater Management

K213 Flooding - Flood Report Recommendations

K214 Flooding – Floor levels

K216 Flooding – Garage Levels

K219 Flooding - Flood Proofing

K222 Access, Car Parking and Manoeuvring – General

K224 Construction Traffic Management Plan

K225 Performance Bond

K302 Traffic Control Plan

K401 Flooding – Surveyor Verification of floor levels

K403 Major Filling/ Earthworks

K405 Turf to Verge

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

K504 Stormwater Compliance

K505 Restriction as to User and Positive Covenant

K515 Maintenance Bond

K516 Subdivision Compliance documentation

K601 Stormwater Management system operation and maintenance

L001 General

L002 Landscape construction

L006 Aust Standard

L008 Tree Preservation Order

L012 Existing landscaping (for existing development)

P001 Costs

P002 Fees associated with Council land (Applies to all works & add K019) Certification

Q01F Notice of Commencement & Appointment of PCA2 (use for Fast Light only)

Q05F Occupation Certificate for Class

Special Conditions

2.2 Prior to the issue of a construction Certificate, further plans are to be submitted to Council for approval which show the layout and details of all fixtures and fittings in the kitchen.

A detailed plan showing the details below must be submitted:

· Details of the finish of the walls and ceiling (note acoustic panels not permitted in food preparation areas);

· Details and location of coving to all floor wall joins;

· Details and location of shelving to the storeroom and storage area;

· Construction material of shelving indicating lowest shelf at least 150mm above ground level;

· Reference to the construction of the premises being in accordance with the Australian New Zealand Food Standards Code, Food Safety Standard 3.2.3 “Food Premises and Equipment” and the AS 4674 – 2004 “Design, Construction and Fit Out of Food Premises”;

· Location of separate wash hand basin (taps must be hands free operated and indicated as such on the plan);

· Location of separate sink (minimum single bowl sink);

· Location of any floor wastes;

· Details and location of all equipment in the kitchen including, but not limited to ovens, fridges, freezers, dishwasher etc.

· Details of any hot/cold food storage;

· Detailed plans of the cool room construction indicating the position of motors and compressors;

· Information on how windows/doors will be vermin proofed e.g. Flyscreens, Insect devices, Air Curtain etc.

· Any fluorescent light fittings being fitted with a smooth faced diffuser and identified on the plan;

· Location and information of mechanical ventilation for proposed dishwashing machine in accordance with Section 2.2.5 of AS 4674 – 2004 “Design, Construction and Fit Out of Food Premises”; and

· Location of trade-waste/garbage & recycling bins.

2.3 A Food Safety Supervisor, with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority, must be appointed for any food business related activities on the site.

2.4 A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of an Occupation Certificate. A copy of Council's approval of the NMP is to be provided to the Private Certifying Authority where Council is not the certifying authority.

· The NMP shall be prepared by suitably qualified persons, and may need to be amended to include any comments provided by Council. The NMP is to:

o address all noise related aspects of the development's operation, including:

· Incorporating the operational aspects outlined in the 'Proposed Place of Public Worship: 17-27 Factory Road, Regentville - Development Application Acoustic Assessment' prepared by Wilkinson Murray dated October 2016 (Ref. 03138-DA Version B), such as operational hours for different activities, and the use of amplified music.

· How the outdoor areas (including play areas, basketball court and outdoor functions) will be managed to ensure that neighbouring properties are not impacted by noise.

· Address the relevant conditions of this consent; and

· Recommend any systems/controls to be implemented to minimise the potential for any adverse noise impact(s); and

· Incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

2.5 All car parking must be in accordance with AS2890.1-2004; AS2890.6-2009 and Council's requirements.

2.6 The required sight lines around the driveway entrance are not to be compromised by landscaping, fencing or signage.

2.7 All vehicles are to enter and exit in a forward direction.

2.8 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure the sealed car parking area has been extended by a minimum distance of 6m towards the northern boundary to permit the circulation of traffic within the car park.

2.9 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that all areas required for vehicular access, car parking and manoeuvring are concreted or sealed with a bituminous pavement. Full details, including pavement design, are to be submitted with the Construction Certificate.

2.10 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that any filling required for the Stage 1 building pad is limited to within 1m of the building footprint. Fill pads are to be battered back to existing ground levels at a batter slope of 1 in 6 (vertical to horizontal). Full details shall be provided with the Construction Certificate.

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

5 Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair Applicant: Amanda Blackburn C/- Paul Lemm Planning; Owner: ~David & Amanda Blackburn

36 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair be received.

2. Development Application No. DA16/0936 for Physiotherapy Health Consulting Rooms at Lot 4043 DP 260183, (No. 173) Bennett Road, St Clair be approved subject the following conditions:

Special Conditions

2.1 Restricted Operation

The operation of the premise is restricted as follows: -

- No more than two (2) practitioners are permitted to operate from the premise at any one time;

- No more than two (2) patients are to be parked on site at any one time;

- Patients / visitors shall be staggered and arranged on an appointment only basis; and

- Patients are required be advised to utilise the available on-site car parking rather than parking on the street.

2.2 Noise Complaints

In the event of ongoing substantiated noise complaints relating to the development being received by Council, the owner and/or occupier of the development will be required by Council to engage the services of a suitability qualified acoustic consultant to undertake a noise impact assessment on the development to address the effect of the developments activities on the affected residential receivers.

2.3 Boundary Fencing and Retaining Walls

All site boundary fences are to be constructed to height of 1.8 m behind the front building line. Any fencing or retaining walls required as a result of the development are to be paid for entirely by the person having the benefit of this consent. Any damage to boundary fencing during construction is to be rectified by the applicant prior to the issue of an Occupation Certificate.

Any retaining walls required by the proposed development shall:

(i) be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and

(ii) be separated from any other retaining wall or other structural support on the site by at least 2m, measured horizontally, and

(iv) have adequate drainage lines connected to the existing stormwater drainage system for the site, and

(v) be located entirely within the allotment boundary including all footings, drainage and backfilling measures.

(vi) be constructed of concrete or masonry blocks (timber walls are not permitted).

2.4 Parking Spaces

The garage car space and one stacked driveway car space shall be reserved for staff use only.

2.5 Pre-packaged Drinks

If pre-packaged refrigerated drinks are to be sold on site, the refrigerated appliance must be capable of maintaining a temperature of less than 5°C and be provided with a digital thermometer, accurate to 1°C that can be easily observed from outside the appliance.

2.6 Lubricant Dispensers

Oils, creams and balms must be dispensed via pumps or single use dispensers so as not to contaminate the products.

2.7 Linen and Towel Usage

Linen, towels and single use items must be changed between each client.

2.8 Landscape Requirements

Prior to the construction of the approved parking space, a planting plan is to be submitted to, and approved by Council, which provides replacement shrub planting around the accessible parking space and manoeuvring area in the front setback.

2.10 Standard Conditions

A001 – Approved Plans

A019 – Occupation certificate

A024 – Health Care Consulting Room

A026 – Advertising sign (not for residential)

A029 – Hours of operation and delivery times

A030 – No retail sales

A038 – Lighting locations

A039 – Graffiti

A046 – Obtain Construction Certificate before commencement of works

D001 – Implement approved sediment & erosion control measures

D007 – Cut and fill of land requiring Validation Certificate

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

E001 – BCA compliance

E006 – Disabled access and facilities

F111 – Premises construction

F137 – Skin Pen approval

H041 – Hours of work (other devt)

K101 – Works at no cost to Council

K201 – Infrastructure Bond

K202 – S138 Roads Act – Works and Structures

K209 – Stormwater Discharge – Minor Development

K504 – Stormwater Compliance

L012 – Existing landscaping (for existing development)

Q01F – Notice of Commencement & Appointment of PCA2

Q006 – Occupation Certificate (Class 2 - 9)

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

6 Legal Status of Development Application No. DA16/0255 (SWPP 2016SYW061) for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Development containing 55 Apartments & Basement Car Parking at Lots A & B DP 381801, (Nos 42-44) Lethbridge Street, Penrith Applicant: Mackenzie Architects; Owner: ~Patricia Leitch

37 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Legal Status of Development Application No. DA16/0255 (SWPP 2016SYW061) for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Development containing 55 Apartments & Basement Car Parking at Lots A & B DP 381801, (Nos 42-44) Lethbridge Street, Penrith be received.

2. Council resolve to seek the Land and Environment Court to resume the Section 34 conciliation process and enter into a Section 34 agreement for the approval of Development Application No. DA16/0255 (SWPP 2016SYW061) subject to agreed conditions of consent.

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

7 State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek Applicant: The Next Generation NSW Pty Ltd; Owner: ~ThaQuarry Pty Ltd and ACN114843453 Pty Ltd

Councillor Kevin Crameri OAM left the meeting, the time being 8:24pm

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:25pm

38 A MOTION was MOVED by Councillor Todd Carney seconded Councillor Ben Price

That:

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

2. Council endorse a submission to the Department of Planning and Environment outlining that the matters raised in this report be closely considered in the assessment and determination of the proposal and that the application not be supported

3. Council write to the Planning Minister and all affected state members advising of the Council’s position.

4. Council call on the Member for Mulgoa to publicly reject the proposed development.

An AMENDMENT was MOVED by Councillor Tricia Hitchen seconded Councillor Marcus Cornish

That:

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

3. Council write to the Planning Minister and all affected state members advising of the Council’s position.

The AMENDMENT was PUT

Councillor Marcus Cornish called for a DIVISION

For	Against
Councillor Bernard Bratusa	Councillor Kath Presdee
Councillor Mark Davies	Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM	Councillor Karen McKeown
Councillor Jim Aitken OAM	Councillor John Thain
Councillor Tricia Hitchen	Councillor Greg Davies
Councillor Marcus Cornish	Councillor Aaron Duke
Councillor Joshua Hoole	Councillor Todd Carney
	Councillor Ben Price

On being PUT to the meeting the AMENDMENT was lost.

The MOTION was PUT

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

8 Development Application DA16/1375 Music Concert to be held on One (1) Day in May 2017 with a Maximum of 5,000 Attendees Lot 10 DP 615085, Lot 11 DP 615085, Lot 2 DP 541825 and Lot 10 DP 615085 at Fernhill Estate (No. 1041-1187) Mulgoa Road, Mulgoa Applicant: Biofin Pty Ltd; Owner: ~Angus Securities (mortagee in possession)

39 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Development Application DA16/1375 Music Concert to be held on One (1) Day in May 2017 with a Maximum of 5,000 Attendees Lot 10 DP 615085, Lot 11 DP 615085, Lot 2 DP 541825 and Lot 10 DP 615085 at Fernhill Estate (No. 1041-1187) Mulgoa Road, Mulgoa be received.

2. Council supports the receipt of Development Applications for this site.

3. Development Application number DA16/1375 be determined and subject to the following conditions:

3.01 This consent permits a Music Concert on 7 May 2017. Compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

3.02 Any future events on the site would require a separate development application.

3.03 The maximum number of tickets available for spectators involved in the Music Event is limited to 5,000 people. Evidence of compliance is to be provided to Penrith City Council within two (2) weeks of the event concluding.

3.04 All entertainment and trading including the operation of a Public Address and speaker system is to cease at 10:00pm on the day of the event.

3.05 The ‘Bump In’ period is limited to four (4) days prior to the event with the ‘Bump Out’ period limited to two (2) days after each event.

3.06 All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the on-going benefit of the community. Compliance with the performance requirements can only be achieved by:

a) complying with the deemed to satisfy provisions, or

b) formulating an alternative solution which:

· complies with the performance requirements, or

· is shown to be at least equivalent to the deemed to satisfy provision, or

c) a combination of (a) and (b).

It is the owner’s responsibility to place on display, in a prominent position within the building at all times, a copy of the latest fire safety schedule and fire safety certificate/ statement for the building.

3.07 The development shall comply with the provisions of the Building Code of Australia at all times, with respect to smoke and flame index of materials, emergency lighting, exit signs and firefighting facilities.

3.08 Access to car parking area, spectator areas and sanitary facilities for persons with disabilities is to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”.

3.09 The temporary tent structures, stages and platforms, when erected, are to fully comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council prior to the event, certifying the structural adequacy of the structures.

The maximum number of patrons permitted within any part of the structures is to be clearly displayed in a prominent position on each structure.

3.10 The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

3.11 Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and implement agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

3.12 The event structures are to be inspected by Penrith City Council at least 24 hours before the event operates for the public. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

3.13 The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

3.14 Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001 and BCA Part E1.6, with certification submitted to Council prior to the event.

3.15 Access to the site for the NSW Fire Brigades/ Rural Fire Service/ NSW Ambulance Service is to be made available at all times during the operation of the event.

Bushfire Protection Requirements

3.16 A Bushfire Management Plan is to be submitted to Penrith Council for approval at least three (3) weeks prior to the event. The evacuation plan is to detail the following:

a) Under what circumstances the function centre is to be evacuated.

b) Where will all persons be evacuated to.

c) Roles and responsibilities of persons co-ordinating the evacuation.

d) Roles and responsibilities of persons remaining with the function centre after evacuation.

e) Procedure to contact the NSW Rural Fire Service / Rural Fire Service and inform them of the evacuation and where they will be evacuated to.

Transport Management Plan

3.17 The event applicant is advised that this is a Class 1 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

3.18 The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan prepared by Who Dares Pty Ltd dated 4 December 2016.

3.19 A Transport Management Plan, including a Risk Management Plan, is to 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.

3.20 The event applicant is to obtain a separate approval from 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.

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

3.23 A Transport Management Plan, including a Risk Management Plan, must be lodged by the event applicant with the Roads and Maritime Services and Transport for NSW Traffic Management Centre for concurrence, prior to the event. A copy of the Roads and Maritime Services and Transport for NSW Traffic Management Centre’s approval must be submitted to Council prior to the event.

3.24 A Traffic Control Plan is to be submitted to Roads and Maritime Service prior to the event. This Plan shall include:

· Details of the proposed speed limit reduction on Mulgoa Road.

· Details of a minimum 4.0m emergency lane to be maintained at all times during the event.

· Details of where variable message signs (VMS) are proposed to be located. The use of VMS are to be in accordance with Roads and Maritime Services Technical Direction TDT2010/07.

3.25 The event applicant must arrange to place barricades, traffic cones and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed 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.

3.26 The event applicant is to ensure that a traffic controller is provided on Mulgoa Road, Mulgoa, in the vicinity of the southbound approach back of queue to provide feedback to traffic controllers and to warn approaching drivers of the queue.

3.27 The event applicant is to ensure that a Road closed – Local Access via St Thomas Road (south) and direction arrow is provided at St Thomas Road (north) intersection with Mulgoa Road, Mulgoa.

3.28 The event applicant is to ensure that a traffic controller is provided at the intersection of St Thomas Road and Farm Road, Mulgoa to offer direction to motorist attending the event.

3.29 The event applicant to ensure that a traffic controller and Road Closed – Local Traffic Only signage is provided at the intersection of St Thomas Road and Kingshill Road, Mulgoa.

3.30 The event applicant is to ensure that Fernhill direction signs are provided facing both the north bound and southbound approaches to The Northern Road to Littlefields Road, Mulgoa.

3.31 The event applicant is to ensure that a traffic controller is provided in Farm Road, Mulgoa to monitor and control driver and parking behaviour in the vicinity.

3.32 The event organiser must notify the Ambulance Service of NSW, Fire and Rescue NSW, Rural Fire Service, and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

3.33 A request is to be made to NSW Fire and Rescue and NSW Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the Fernhill Music Concert be postponed for the week of the event.

3.34 The event applicant is to provide advice to Council prior to the event that the event complies with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

3.35 All works as part of this approval are conducted at no cost to Council.

3.36 The event applicant must advertise the proposed traffic diversions in local newspapers and other media as described in the Traffic Management Plan, a minimum of two (2) weeks prior to the event.

3.37 The event applicant is to notify private bus companies, coach organisations and taxi companies of the proposed event and submit a copy of the notification to Council prior to the event.

3.38 Where provided, variable message sign boards are to be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

3.39 Any proposed temporary / partial road closures will require the applicant to apply for a Road Occupancy Licence (Form C & D) by contacting the Transport Management Centre’s Planned Incidents Unit (02) 83961513 during office hours (8am – 4pm) or 131700 after hours.

The applicant will be required to submit the Road Occupancy Licence forms/ traffic management plan at least 10 working days prior to the start of works. Plans should be forwarded to the Supervisor Planned Incidents Unit, Transport Operations, Transport Management Centre or on facsimile (02) 8396 1530.

Potable Water Supply

3.40 A Potable Water Supply Management Plan is to be provided to Council for approval at least three (3) weeks before the event demonstrating how potable water will be supplied to all required fixtures including food stalls, bars, showers, hand wash basins and stations and anywhere else where a potable water supply is required.

The plan shall demonstrate how water quality will be measured, recorded and maintained at the supply, delivery of water to storage tanks and at the point of use throughout the duration of the event.

The plan should also include information on how the water will be provided to the site, storage tanks, pumps and the distribution system, tank cleaning, location of storage tanks and the security of tanks and the water supply.

3.41 The potable water supply shall be maintained in accordance with the Australian Drinking Water Guidelines 2016 and the NSW Health Private Water Supply Guidelines 2014. A residual of 0.5 mg/L free chlorine must be maintained in the water supply at all times.

3.42 Residual chlorine must be measured and recorded at the supply, delivery of water to storage tanks, and at the point of use throughout the duration of the event. Additional chlorine must be added if residuals cannot be maintained in accordance with the NSW Health Private Water Supply Guidelines 2014. Stored water shall be tested and results recorded a minimum of every 2 hours. Records must be available for Council’s Environmental Health Officers to inspect upon request. In the event that the testing shows non-compliance with the NSW Health Private Water Supply Guidelines 2014, Council is to be notified immediately.

3.43 Any water carter providing potable water for the event must make available to Council, for inspection, before the event their water carts, cleaning records and logs, and chlorine testing equipment. The supply of water shall be completed in accordance with the NSW Guidelines for Water Carters (NSW Health & NSW Food Authority 2012). The carter must have approval or licensing from Sydney Water or other Water Authority to take water from their supply and the event coordinator must notify Council before the event where water is being sourced from.

3.44 A Quality Assurance Plan must be developed and submitted to Council and the Nepean Blue Mountains Local Health District for approval at least three (3) weeks before the event.

Food

3.45 A detailed Food Management Plan is to be provided to Council for approval a minimum of three (3) weeks prior to the event, outlining all aspects of food supply, storage, and delivery. The Food Management Plan must cover all food supplied to staff and the public for this event. The Food Management Plan, as a minimum, should include the following:

· Food suppliers;

· Transport of the food to the event;

· Food storage;

· Temperature control (cool rooms etc);

· Hand washing facilities and cleaning facilities;

· Water, electricity and gas supplies;

· Wastewater disposal;

· Garbage bins and disposal;

· Food display and fixtures; and

· Construction of stalls

3.46 Council requires all food businesses attending this event to obtain approval to sell food prior to the event. This application must be submitted to Council a minimum of three (3) weeks before the event to allow Council sufficient time to assess the applications. Late applications will not be considered or approved. Council will provide the event organiser with a list of approved food businesses prior to the event.

Application to sell food forms are available on Council’s website: www.penrithcity.nsw.gov.au

Note: A person selling food or operating stalls or mobile vans used for selling food for human consumption, including produce, fruit and vegetables, drinks, or pre-packaged food, is deemed to be a ‘food business’ under the Food Act 2003. This includes not-for-profit organisations.

3.47 A Food Safety Supervisor, with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority, must be appointed by each individual food business selling potentially hazardous food prior to the event. The Certificate must be available at the day of the event for inspection by Council’s Environmental Health Officers.

3.48 The proprietor of the food business shall ensure that the requirements of the following legislation, codes, and guidelines are met at all times:

· NSW Food Act 2003;

· NSW Food Regulation 2015;

· The Australian and New Zealand Food Standards Code;

· Guidelines for Temporary Events (NSW Food Authority 2016), and;

· Mobile food vending vehicles: Operation, construction and food handling guidelines (NSW Food Authority 2017)

3.49 Coolrooms must be supplied by the event organisers for use by all food businesses and power must be maintained to these coolrooms at all times. The Event Coordinator is to liaise with food businesses as to their coolroom and storage needs. Coolroom temperatures must be routinely monitored and temperatures recorded every two (2) hours during the event. The records must be available at the day of the event for inspection by Council’s Environmental Health Officers upon request. An alarm/record system must be provided to ensure correct temperatures are maintained overnight.

3.50 Toilets must be provided for all food handlers and maintained in a hygienic condition. These toilets must be separate to other event toilets and not available to the general public, employees or officials. The toilets must be located in the general vicinity of the food stalls. Toilets shall be supplied with a hand washing facilities that provide warm water through a single outlet and be provided with soap and paper towels. A plan demonstrating the number and location of toilets is to be submitted to Council a minimum of three (3) weeks prior to the event.

3.51 Hand basins must be provided to all food stalls and mobile vans, be readily accessible, and be no more than 5 metres from any food preparation area. They must be freestanding, serviced with hot and cold water through a single outlet, able to be mixed at a temperature of at least 40°C. Disposable paper hand towels and soap must be provided and serviced from a dispenser adjacent to each hand basin.

Waste and Wastewater

3.52 A detailed Wastewater Management Plan for the storage and disposal of all wastewater needs to be supplied to Council for approval within three (3) weeks prior to the event. The plan should reference the Australian Emergency Manuals Series – Manual 2 Safe and Healthy Mass Gatherings (EMA 1999) and any NSW Health requirements.

3.53 Temporary sanitary facilities, separate from those supplied for food handlers, must be provided for patrons and other event staff in accordance with Table F2.3 of the Building Code of Australia.

3.54 The provisions of toilets for the event are to comply with Section 34 and 35 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. In addition, hand sanitary stations shall be provided in sufficient numbers for the event.

3.55 Showers shall be supplied for any food handlers/event staff who will be staying overnight at the event if this to occur.

3.56 All toilet and wastewater facilities are to be operated and located in a suitable location so not to cause water pollution as defined in the provisions of the Protection of the Environment Operations Act, 1997 and the Regulations made thereunder.

3.57 In the event wastewater enters the dams, local water ways or the stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition, Council is to be notified of the incident immediately.

3.58 Any wastewater discharge or spill is to be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

3.59 All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

3.60 No wastewater is to be discharged to the environment. All wastewater is to be transported and disposed of at a lawful and licensed facility by a NSW EPA licensed contractor. Copies of receipts are to be provided to Council within one week of the event finishing.

3.61 A detailed Waste Management Plan for the storage and disposal of all waste needs to be supplied to Council for approval within three (3) weeks prior to the event, including but not limited to the number and location of bins, the waste service contractor and how the waste will be removed off site.

3.62 Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment businesses.

3.63 Bins are to be located as to not cause pollution and are to be frequently emptied.

3.64 A detailed Wastewater Management Plan for the storage and disposal of all wastewater needs to be supplied to Council for approval within three (3) weeks prior to the event. The plan should reference the Australian Emergency Manuals Series – Manual 2 Safe and Healthy Mass Gatherings (EMA 1999) and any NSW Health requirements.

3.65 Temporary sanitary facilities, separate from those supplied for food handlers, must be provided for patrons and other event staff in accordance with Table F2.3 of the Building Code of Australia.

3.66 The provisions of toilets for the event are to comply with Section 34 and 35 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. In addition, hand sanitary stations shall be provided in sufficient numbers for the event.

3.67 Showers shall be supplied for any food handlers/event staff who will be staying overnight at the event if this to occur.

3.68 All toilet and wastewater facilities are to be operated and located in a suitable location so not to cause water pollution as defined in the provisions of the Protection of the Environment Operations Act, 1997 and the Regulations made thereunder.

3.69 In the event wastewater enters the dams, local water ways or the stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition, Council is to be notified of the incident immediately.

3.70 Any wastewater discharge or spill is to be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

3.71 All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

3.72 No wastewater is to be discharged to the environment. All wastewater is to be transported and disposed of at a lawful and licensed facility by a NSW EPA licensed contractor. Copies of receipts are to be provided to Council within one week of the event finishing.

3.73 A detailed Waste Management Plan for the storage and disposal of all waste needs to be supplied to Council for approval within three (3) weeks prior to the event, including but not limited to the number and location of bins, the waste service contractor and how the waste will be removed off site.

3.74 Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment businesses.

3.75 Bins are to be located as to not cause pollution and are to be frequently emptied.

Noise

3.76 Noise generated from the event is not to exceed the background noise level by more than 5 dB(a) at any time. This is to be assessed at the most-affected point on the property boundary or, if that is more than 30m from the residence, at the most-affected point within 30m of the residence.

3.77 All music and use of amplified address systems is to cease at 10:00pm.

3.78 Access to venue is to be provided to Council’s staff for the purpose of undertaking noise assessments during the course of the event.

3.79 The requirements of Section 5.3 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) are to be complied with at all times.

3.80 The compliance noise monitoring shall be undertaken in accordance with Section 6 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) and undertaken in accordance with the following frequency:

· Minimum of once during the daytime period (up until 6pm)

· Minimum of twice during the evening period (6-10pm)

· In response to complaints received from the community

3.81 The requirements of Section 7 through to 9 of the Noise Management Plan (prepared by Wilkinson Murray dated January 2017) are to be complied with at all times.

3.82 The services of a suitably qualified consultant is to be engaged to conduct noise testing during the event and provide an Event Acoustic Report to be submitted to Penrith City Council within twenty eight (28) days of the event.

The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise and New South Wales Environment Protection Authority Industrial Noise Source Policy 2000.

3.83 The event applicant is to ensure that noise control measures are in place as required by the provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise and the Protection of the Environment Operations (Noise Control) Regulation 2000.

Noise levels generated by the events shall not be audible from the dwellings of neighbouring properties.

3.84 A noise complaint hotline (landline and mobile) by the event organisers is to be made available to the surrounding area in case noise nuisance occurs. Any complaints are to be reported to the event manager and where necessary action is to be taken to resolve the noise nuisance. The event manager if so required by a Council authorised officer, the acoustic consultant or the NSW Police Force, must have the authority to order the reduction of noise level produced.

3.85 One (1) week prior to the any functions being held on the site, details of the noise complaint hotline (including landline and mobile phone), the dates and times of the events are to be distributed to residents within 1km of the property boundaries of the site.

Details of the function to be held on the site are also to be displayed within the Mulgoa Progress Association Notice Board, located within the Mulgoa Village Shopping Centre.

Environmental Management

3.86 Erosion and sediment control measures shall be implemented in and around the car parking areas to prevent mud and soil from vehicular movements from entering dams, tributaries and the stormwater drainage system.

3.87 The erosion and sediment control measures shall be installed in accordance with “Managing Urban Stormwater: Soils and Construction” 2004 and be maintained for the duration of the events.

3.88 No trees or other vegetation (including native understorey and grass species) are to be removed, ringbarked, cut, topped, lopped or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council’s Tree Preservation Order Policy. Tree protection measures may be required where vehicles or structures will be near trees.

3.89 No fill material is to be imported to the site without the prior approval of Penrith City Council in accordance with Sydney Regional Environmental Plan No.20 (Hawkesbury- Nepean River) (No.2-1997). No recycling of material for use as fill material shall be carried out on the site without the prior approval of Council.

3.90 No fill, machinery or materials are to be placed or stored within the drip-line of any tree, unless appropriate tree protection measures are in place.

3.91 Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the site. This is to apply to parking areas, access roads and within the event site.

3.92 Mud and soil from vehicular movements to and from the site must not be deposited on the road.

3.93 All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

3.94 Any general waste located within the local road network affected by the local traffic diversions (St Thomas road, Farm Road and Littlefields Road) is to be removed from these locations within one (1) week of each event being held.

3.95 A Rehabilitation Plan is to be submitted to Council at least three (3) weeks prior to the event. The rehabilitation works are to be inspected by Council within one (1) week of the rehabilitation works being completed. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

Security, Drug and Alcohol Management

3.96 A Security Management Plan must be provided to Council at least three (3) weeks prior to the event. The plan must:

· a combination of security personnel and paid Policing for the duration of the event. This includes a number of security guards on the site as determined in conjunction with Penrith Police.

· Crowd Control procedures to be adhered to by security and event staff throughout the event.

3.97 A Drug and Alcohol Management Plan must be submitted to Council at least three (3) weeks prior to the event.

3.98 Security and event staff are to promote responsible consumption of alcohol and minimise opportunities for alcohol related antisocial behaviour to occur.

3.99 Security personnel must be provided within the on-site car park and at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

3.100 Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

3.101 Alcohol must not be brought in to the event, but must only be purchased on site from the licensed vendors. The consumption of alcohol within the car park on the site is not permitted.

3.102 Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

3.103 Free water must be provided at all bar areas and bottle refilling stations.

Major and Medical Incidents

3.104 The ‘Event Management and Operational Plan - Fernhill Estate 2017 Concert’ provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency.

3.105 Records should be kept of all incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken.

Lighting and Power

3.106 Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stage area.

3.107 Access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies.

Signage

3.108 Clear signage should be displayed throughout the event to clearly indicate entry/exit points, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

3.109 Additional signage is to be displayed throughout the event to clearly mark ‘Designated Smoking Areas’ and the need to properly dispose of cigarette butts into the correct bins in order to protect the site’s heritage items and the environment.

3.110 All signage associated with the event shall be removed upon completion of the event.

4. Those making submissions be advised of Council’s decision and the outcome of the Integrated Application under the Heritage Act 1977.

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

For	Against
Councillor Kath Presdee	Councillor Kevin Crameri OAM
Councillor Bernard Bratusa	Councillor Marcus Cornish
Councillor John Thain	Councillor Karen McKeown
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

9 Compliance and Legal History relating to (No. 41-47) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: ~Ty and Deanne Gosling

Councillors Aaron Duke, Tricia Hitchen, Mark Davies and Bernard Bratusa left the meeting, the time being 8:48pm

Councillors Tricia Hitchen and Bernard Bratusa returned to the meeting, the time being 8:49pm

Councillors Greg Davies and Marcus Cornish left the meeting, the time being 8:49pm

Councillor Aaron Duke returned to the meeting the time being 8:50pm

Councillors Marcus Cornish and Mark Davies returned to the meeting, the time being 8:53pm

Councillor Greg Davies returned to the meeting, the time being 9:03pm

Councillor Todd Carney left the meeting, the time being 9:10pm

Councillor Todd Carney returned to the meeting, the time being 9:11pm

Councillors Jim Aitken OAM and Ben Price left the meeting, the time being 9:12pm

Councillor Jim Aitken OAM and Ben Price returned to the meeting, the time being 9:13pm

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

That the information contained in the report on Compliance and Legal History relating to (No. 41-47) Jolly Street, Castlereagh be received.

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

For	Against
Councillor Kath Presdee
Councillor Bernard Bratusa
Councillor Kevin Crameri OAM
Councillor Karen McKeown
Councillor John Thain
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Marcus Cornish
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney
Councillor Ben Price

Outcome 3 - We can get around the City

10 Bank Stabilisation of the Nepean River and associated drainage works at Blaxland Crossing Reserve, Wallacia

Councillor Ross Fowler OAM left the meeting, having previously declared a pecuniary interest in this item, the time being 9:14pm.

41 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown

That:

1. The information contained in the report on Bank Stabilisation of the Nepean River and associated drainage works at Blaxland Crossing Reserve, Wallacia be received

2. Approval be granted to carry out drainage and bank stabilisation works within Blaxland Crossing Reserve, Wallace with Council funding.

3. The Blaxland Crossing Recreation and Rest Ground Trust be advised of Council’s decision.

11 Works on private land to facilitate safe driveway entry/exit – Affected by Roundabout Construction at Caddens Road & Bringelly Road, Kingswood

Councillor Ross Fowler OAM returned to the meeting, the time being 9:15pm

42 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown

That:

1. The information contained in the report on Works on private land to facilitate safe driveway entry/exit – Affected by Roundabout Construction at Caddens Road & Bringelly Road, Kingswood be received.

2. Council resolve to fund the proposed turning bays on private land out of the project cost which is fully funded by the Australian Government.

Outcome 4 - We have safe, vibrant places

13 Works on private land to facilitate placemaking on Sydney Street, St Marys

43 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Works on private land to facilitate placemaking on Sydney Street, St Marys be received.

2. Council approve the scoping and delivery of public works on private land at no cost to the property owners as described in this report.

12 Proposed road closure of part Bradley Street, Glenmore Park and consolidation with adjoining Council Land

44 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1. The information contained in the report on Proposed road closure of part Bradley Street, Glenmore Park and consolidation with adjoining Council Land be received.

2. Council resolve to submit and undertake an application to the Department of Industry – Lands for a permanent road closure of Part of Bradley Street, Glenmore Park.

3. Proposed Lots 19 and 20 be classified as Community land and dedicated as public reserve upon closure of the subject road.

4. Proposed Lot 19 be consolidated with Lot 18 DP 1155005.

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

14 Tender Reference RFT 16/17-09 Public Domain and Special Places Upgrade

45 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1. The information contained in the report on Tender Reference RFT 16/17-09 Public Domain and Special Places Upgrade be received

2. Community Assets & Infrastructure Pty Ltd be awarded the contract for Public Domain and Special Places Upgrade, Queen Street, St Marys for an amount of $2,963,474 excluding GST.

3. Council approve the expenditure of funds and the carrying out of the required project works on private land at no cost to property owners as detailed in the report.

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

Outcome 5 - We care about our environment

15 57th Annual Floodplain Management Australia Conference - Tuesday, 16 May to Friday, 19 May 2017

46 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen

That:

1. The information contained in the report on 57th Annual Floodplain Management Australia Conference - Tuesday, 16 May to Friday, 19 May 2017 be received.

2. Councillors Jim Aitken OAM, Kevin Crameri OAM and Marcus Cornish and any other interested Councillors be nominated as delegates to the 2017 Floodplain Management Australia Conference and Workshops to be held in Newcastle from Tuesday, 16 May to Friday, 19 May 2017 and grant leave of absence as appropriate.

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

16 Western Sydney Academy of Sport - Nomination of Director to Academy Board

47 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke

That:

1. The information contained in the report on Western Sydney Academy of Sport - Nomination of Director to Academy Board be received

2. Councillor Bernard Bratusa be nominated for the position of Local Government Director on the Western Sydney Academy of Sport Board for appointment until August and for reappointment at future Academy AGM’s for the course of Council’s term.

17 Licence Agreement - National Training Centre for Women's Rowing

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

That:

1. The information contained in the report on Licence Agreement - National Training Centre for Women's Rowing be received

2. The licence agreement be signed and authority to execute the licence agreement be granted to Council’s Facilities Manager

Outcome 7 - We have confidence in our Council

18 Organisational Performance Report - December 2016

49 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on Organisational Performance Report - December 2016 be received.

2. The Organisational Performance Report - December 2016 as at 31 December 2016, including the revised estimates outlined in this report and detailed in the Organisational Performance Report be adopted.

19 2016-17 Borrowing Program

50 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on 2016-17 Borrowing Program be received.

2. Council borrow the $8,260,000 to fund infrastructure assets.

3. The General Manager be granted delegated authority to negotiate the loans in accordance with this resolution.

4. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings.

5. The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts.

20 Appointment of a Director on the Board of the Penrith Performing and Visual Arts Limited

51 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on Appointment of a Director on the Board of the Penrith Performing and Visual Arts Limited be received

2. Council endorse the appointment of Sandy Davies to the Board of the Penrith Performing and Visual Arts Limited as the General Manager’s Nominee.

21 Solar Communities Funding Application

52 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on Solar Communities Funding Application be received.

2. Council endorse the submission of project applications to the Solar Communities – Election Commitments Program at the following nine facilities:

· Jamisontown Children’s Centre

· Ridge-ee-Didge Children’s Centre

· Tamara Children’s Centre

· Yoorami Children’s Centre

· Platypus Playground Children’s Centre

· Koala Corner Children’s Centre

· Lewers Gallery

· St Marys Memorial Hall

· Werrington County Children’s Centre

3. Council officers execute the Funding Agreements for successful project applications.

22 Licence Agreement to Seymour Whyte Constructions Pty Limited, over part 28 Great Western Highway Emu Plains for a site compound for the Nepean Bridge Project

53 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on Licence Agreement to Seymour Whyte Constructions Pty Limited, over part 28 Great Western Highway Emu Plains for a site compound for the Nepean Bridge Project be received.

2. Council grant a twelve-month Licence Agreement as detailed in this report.

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

23 Summary of Investments & Banking for the period 1 January 2017 to 31 January 2017

54 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 January 2017 to 31 January 2017 be received.

2. The certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2017 to 31 January 2017 be noted.

3. The commentary and graphical investment analyses as at 31 January 2017 be noted.

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Grey Gums Oval

Councillor Kath Presdee requested a memo reply requesting Council Officers liaise with the police in relation to the riding of trial bikes on and around Grey Gums Oval. While measures have been taken to prevent the riding of the bikes on the actual ovals, there has been an increase of riding those bikes during the training times of Penrith Giants and the Penrith Rams, causing a significant risk to the safety of those attending training - quite often parents of children. What is being done and for copies to be sent to the Presidents of the Penrith Giants and Penrith Rams as the users of the oval.

RR 2 Airport Forums

Councillor Kevin Crameri OAM requested the report regarding airport forums be brought to the next Ordinary Meeting.

RR 3 Mulgoa Rise Soccer Grounds

Councillor Todd Carney requested a memo reply regarding the new soccer grounds at Mulgoa Rise and the possibility of the ground being rolled.

RR 4 Media Monitoring

Councillor Marcus Cornish requested a memo reply to Councillors regarding how much Council spends on media monitoring and associated works.

RR 5 Homeless in Penrith

Councillor Marcus Cornish requested a report back to Council on the costs of supplying six Atco style transportable 6M sheds and 1 portable ablutions block containing showers and toilets to house the homeless in Penrith overnight.

The report to contain:

1. Suitable council, state or federally owned sites to use for this initiative on a trial bases. The site would need to be in a reasonable distance from either Nepean or Mt Druitt hospitals.

2. The practicalities of making these facilities available for night time use only being open before sunset and vacated by 8am in the morning to stop a ‘sum’ or ‘slum mentality, existing.’

3. An appropriate small contribution that would be asked of those using these premises to offset the cost of power, water and maintenance to the ratepayers of Penrith.

4. A realist time line for implementation.

RR 6 Damage to Russell Street, Emu Plains

Councillor Ross Fowler OAM requested a memo reply regarding the damage to Russell Street, Emu Plains and provide information of the incident and the follow up.

Councillor Marcus Cornish left the meeting and did not return, the time being 9:27pm.

Committee of the Whole

55 RESOLVED on the Motion of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:28pm.

Councillors Tricia Hitchen and John Thain left the meeting, the time being 9:28pm

Councillor Tricia Hitchen returned to the meeting, the time being 9:29pm

Councillor John Thain returned to the meeting, the time being 9:30pm

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 7

2 Licence of Council owned land at 76 Kurrajong Road North St Marys to The Regency Ramblers Rod and Custom Club

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 Lease Council owned property at Shop 1, 144 Henry Street Penrith to Alam Family Australia Pty Ltd

4 Council Property - Leasing of 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993

5 Lease of Suite 105, 114-116 Henry Street Penrith to Nepean Area Disabilities Organisation Incorporated

6 Lease for Council owned premises at Shop 1, 225-227 Queen Street St Marys to Paradise Charcoal Chicken Pty Ltd

Outcome 5

7 Status on Litigation and Compliance Matters

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

The meeting resumed at 9:37pm and the General Manager reported that the Committee of the Whole met at 9:28pm on 27 February 2017, the following being present

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

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 Licence of Council owned land at 76 Kurrajong Road North St Marys to The Regency Ramblers Rod and Custom Club

RECOMMENDED on the MOTION on Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

CW2 That:

1. The information contained in the report on Licence of Council owned land at 76 Kurrajong Road North St Marys to The Regency Ramblers Rod and Custom Club be received.

2. Council grant a Licence over 76 Kurrajong Road, North St Marys 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 Lease Council owned property at Shop 1, 144 Henry Street Penrith to Alam Family Australia Pty Ltd

RECOMMENDED on the MOTION on Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

CW3 That:

1. The information contained in the report on Lease Council owned property at Shop 1, 144 Henry Street Penrith to Alam Family Australia Pty Ltd be received.

2. Council approve the new lease as set out in the terms and conditions in this report.

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

4 Council Property - Leasing of 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993

RECOMMENDED on the MOTION on Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

CW4 That:

1. The information contained in the report on Council Property - Leasing of 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993 be received.

2. Council grant a new 5 year Lease to Little Smarties Pty Ltd as outlined in the report.

3. Council approve the consolidation Lot 601 and Lot 600 DP717768 to facilitate the alterations and additions to the existing Child Care Centre.

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

5 Lease of Suite 105, 114-116 Henry Street Penrith to Nepean Area Disabilities Organisation Incorporated

RECOMMENDED on the MOTION on Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

CW5 That:

1. The information contained in the report on Lease of Suite 105, 114-116 Henry Street Penrith to Nepean Area Disabilities Organisation Incorporated be received.

2. Council approve the Lease Agreement in accordance with the terms and conditions detailed in the report.

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

6 Lease for Council owned premises at Shop 1, 225-227 Queen Street St Marys to Paradise Charcoal Chicken Pty Ltd

RECOMMENDED on the MOTION on Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

CW6 That:

1. The information contained in the report on Lease for Council owned premises at Shop 1, 225-227 Queen Street St Marys to Paradise Charcoal Chicken Pty Ltd be received.

2. Council approve the proposed new lease agreement as detailed in the report.

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

7 Status on Litigation and Compliance Matters

RECOMMENDED on the MOTION on Councillor Ross Fowler OAM seconded Councillor Greg Davies

CW7 That:

1. The information contained in the report on Status on Litigation and Compliance Matters be received.

2. The offer from Vodafone be accepted to resolve the Federal Court proceedings relating to the installation of the telecommunications infrastructure on Council’s land.

3. Council approach the Attorney General and LGNSW in relation to finding a solution that addresses the court conduct with respect to parties of the court providing surety when dealing with issues such as the Dellara Matter.

ADOPTION OF Committee of the Whole

56 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

Councillor Jim Aitken OAM left the meeting, the time being 9:38pm

Councillor Jim Aitken OAM returned to the meeting, the time being 9:40pm

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

Ordinary Meeting 27 March 2017

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 March, 2017

PRESENT

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Karen McKeown (Council Representative), Councillor Aaron Duke (Representative for the Member for Londonderry), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC, Stephen Page – St Marys Police LAC.

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady – Busways, Nick Veljanovski – Transit Systems NSW, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer, Kevin King – Trainee Engineer, Steve Purvis – Senior Ranger.

APOLOGIES

Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Bernie Meier – Signs and Linemarking Officer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 February 2017

The minutes of the Local Traffic Committee Meeting of 6 February 2017 were confirmed.

DECLARATIONS OF INTEREST

An attendee, Councillor Marcus Cornish, declared an interest in Item 13: “Radar Speed Message Trailer – October to December 2016 Locations”.

DELIVERY PROGRAM REPORTS

Outcome 3 - We can get around the City

Shah Kshitij – Roads and Maritime Services arrived at the meeting, the time being 9:10am.

1 Sunflower Drive, Claremont Meadows - Proposed Changes to Bus Stop Signage

RECOMMENDED

That:

1. The information contained in the report on Sunflower Drive, Claremont Meadows - Proposed Changes to Bus Stop Signage be received.

2. The bus stop on Sunflower Drive, Claremont Meadows, north of the intersection with O’Connell Street, be changed to a Bus Zone of 18 metres, as shown in Appendices 1 and 2.

3. The current bus stop on the eastern side of Sunflower Drive, north of the intersection with O’Connell Street, be replaced with a bus zone of 25 metres, as shown in Appendices 1 and 2.

4. That the residents who contacted Council, the residents affected by the proposed changes and Busways be informed.

2 Andrews Road and Laycock Street Intersection, Cranebrook - Proposed Improvement to "Seagull" Type Intersection Line Marking

Shah Kshitij and Laura Van Putten of the Roads and Maritime Services (RMS) enquired about the crash history and the heavy vehicles turning swept paths for the proposed “seagull” line marking at the intersection of Andrews Road and Laycock Street, Cranebrook. Shah Kshitiji requested that a copy of the turning path plans be forwarded onto the RMS for their review.

The LTC power point presentation contained a copy of the turn paths which confirmed the adequacy of the proposed intersection works and the RMS were satisfied in that regard.

RECOMMENDED

LTC 25 That:

1. The information contained in the report on Andrews Road and Laycock Street Intersection, Cranebrook - Proposed Improvement to "Seagull" Type Intersection Line Marking be received.

2. Additional “Seagull” type, triangular median line marking between to right turn lane and central merge lane in Andrews Road at Laycock Street, Cranebrook be implemented as shown on Appendix 1.

3 Stansbury Street, Emu Plains - Proposed "No Stopping" Zone

RECOMMENDED

That:

1. The information contained in the report on Stansbury Street, Emu Plains - Proposed "No Stopping" Zone be received.

2. Consultation be undertaken with the resident of house number 3 Stansbury Street, Emu Plains with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, the “No Stopping” zone along the northern side of the bend fronting house number 3 Stansbury Street, Emu Plains as shown on Appendix 1 be implemented.

4. The resident who made to request be informed of Council’s resolutions.

4 Sarah Andrews Close, Erskine Park - Proposed "No Stopping" Zone

RECOMMENDED

That:

1. The information contained in the report on Sarah Andrews Close, Erskine Park - Proposed "No Stopping" Zone be received.

2. The “No Stopping” zone along the southern side of Sarah Andrews Close, Erskine Park as shown on Appendix 1 be implemented.

3. The management of Woolworths Warehouse be notified of Council’s resolutions.

5 Fowler Street, Claremont Meadows - Proposed 'No Stopping' Restrictions

Councillor Marcus Cornish suggested to the Committee that an audit be undertaken of all the sharp bends in Penrith LGA and consider whether double barrier line marking or ‘No Stopping’ restrictions could be implemented before concerns are raised and presented to Council.

Adam Wilkinson, Engineering Services Manager advised the Committee that ongoing reviews of local roads are undertaken and Council will continue to monitor areas of concern and look for opportunities for improvement in local roads.

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) gave thanks to Adam Wilkinson and Council’s Traffic Engineering Department for their initiative in addressing this matter early on, as she advised the Committee that she had received concerns from residents in relation to this subject road.

RECOMMENDED

That:

1. The information contained in the report on Fowler Street, Claremont Meadows - Proposed 'No Stopping' Restrictions be received.

2. Consultation be undertaken with affected residents and any substantial objections be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, approximately 21m of ‘No Stopping’ restrictions be installed on the northern side of the bend and 13m on the southern side of the bend on Fowler Street, as shown in Appendix 1.

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

6 Billington Place, Emu Plains - Proposed "2 Hour Parking" Zone and "No Parking" Zone

RECOMMENDED

That:

1. The information contained in the report on Billington Place, Emu Plains - Proposed "2 Hour Parking" Zone and "No Parking" Zone be received.

2. Consultation be undertaken with nearby businesses and Transport for NSW with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, the “2 Hour Parking” zones, “No Parking” zone and associated kerb ramp as shown on Appendix 1 be implemented.

4. The resident who made to request be informed of Council’s resolutions.

7 Jordan Springs East, Stage 2 Bus Link - Endorsement of Signage and Line Marking Plan

Shah Kshitij requested that the ‘Give Way’ signage and holding line presented in the signage and line marking plans (Drawing No. 89914020-ST02-1325, Revision G, dated 03 February 2017) be removed and the plans be amended to reflect this.

RECOMMENDED

That:

1. The information contained in the report on Jordan Springs East, Stage 2 Bus Link - Endorsement of Signage and Line Marking Plan be received.

2. The applicant undertake consultation with the affected residents in and near Leichhardt Avenue, Werrington County with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections the amended signage and line marking plans (removing the Give Way signage and linemarking) prepared by Cardno for Jordan Springs East, Stage 2 Bus Link (Drawing No. 89914020-ST02-1325, Revision G, dated 03 February 2017) be endorsed for construction (as shown in Appendix 1)

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

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

6. Cardno be advised of Council’s resolution.

8 Caddens Road, Claremont Meadows - Endorsement of Signage and Linemarking Plan

Shah Kshitij of the RMS advised the Committee that the two ‘Give Way’ signs located on Central Park Drive and Lomandra Street at their intersections with Doncaster Avenue, Claremont Meadows are unnecessary. Shah Kshitij requested that the two ‘Give Way’ signs be removed from the abovementioned intersections.

RECOMMENDED

That:

1. The information contained in the report on Caddens Road, Claremont Meadows - Endorsement of Signage and Linemarking Plan be received.

2. The signage and line marking plan prepared by Indesco for Lot 17,18 Caddens Road Claremont Meadows (Project No. 5652 - CC, Drawing No. 140, Amendment E, dated 09 December 2014) be endorsed for construction (as shown in Appendix 1), subject to the removal of the two ‘Give Way’ signs located on Central Park Drive and Lomandra Street at their intersections with Doncaster Avenue, Claremont Meadows.

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. Indesco be advised of Council’s resolution.

9 Borrowdale Way, Cranebrook - Proposed Change to "Bus Zone" Signage

Shah Kshitij of the RMS advised the Committee that the proposed Bus Zone signage indicating “Bus Zone Australia Post Vehicles Excepted” to be located on Borrowdale Way, Cranebrook does not comply with Australian Road Standards as there is no provision for an exemption inside a bus zone.

Shah Kshitij of the RMS suggested to the Committee that the proposed standard Bus Zone being 30 meters in length (20 metres on approach and 10 metres on departure) instead be adjusted and reduced to 24 metres of Bus Zone and the exemption of the ‘Australia Post Vehicles Excepted’ signage be included in 6 metres of the ‘No Stopping’ restrictions.

RECOMMENDED

That:

1. The report be deferred and Council Officers be requested to review the length of the Bus Zone on Borrowdale Way, Cranebrook and consider adjusting the Bus Zone to 24 metres and an exemption of ‘Australia Post Vehicles Excepted’ signage be included in 6 metres of the ‘No Stopping’ restrictions.

2. A report be prepared and presented back to the next available Local Traffic Committee Meeting.

10 Hindmarsh Street, Cranebrook - Endorsement of a Design Plan for a Raised Pedestrian Crossing

RECOMMENDED

That:

1. The information contained in the report on Hindmarsh Street, Cranebrook - Endorsement of a Design Plan for a Raised Pedestrian Crossing be received.

2. Consultation with affected residents be undertaken.

3. Subject to no substantial objections, Design Plan AH 125 (dated February 2017) be endorsed for construction, with funding provided from the 2016/17 Pedestrian Infrastructure Around Schools 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.

11 High Street, Lethbridge Street and Colless Street, Penrith - Proposed 'No Parking' Zones

RECOMMENDED

That:

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

2. A 20 metre length of ‘No Stopping’ zone be retained to the east of the kerb blisters on High Street, and that a ‘No Parking’ zone of 50 metres be installed to the east of that ‘No Stopping’ zone as shown in Appendices 1 to 2.

3. A ‘No Parking 8.00am – 9.30am school days’ zone of 50 metres in length be installed on Lethbridge Street to the east of an existing 75 metre ‘Bus zone 8.00am – 9.30am School Days’ as shown in Appendix 3.

4. A ‘No Parking 8.00am – 9.30am school days’ zone of 50 metres in length be installed on Colless Street between the intersection with Lethbridge Street and the school’s back gate as shown in Appendix 3.

5. Penrith High School be informed.

12 Caddens - Bus Route and Bus Stops

RECOMMENDED

That:

1. The information contained in the report on Caddens - Bus Route and Bus Stops be received.

2. Consultation be undertaken with affected residents with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, the Bus Route 778 adjustments, two new Bus Stops and removal of the redundant Bus Stop as listed in this report and shown on Appendix 1 be implemented.

4. Busways be notified of Council’s decision.

13 Radar Speed Message Trailer - October to December 2016 Locations

Councillor Marcus Cornish thanked Council’s Traffic Section for listing Bromley Road, Emu Heights on the scheduled locations list to have the Radar Speed Message Trailer displayed.

Councillor Cornish also requested to the Committee that Sunflower Drive, Claremont Meadows be considered as a street to be placed on the future scheduled locations list to have the Radar Speed Message Trailer displayed.

RECOMMENDED

That:

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

2. The locations of the Radar Speed Message Trailer for the October to December Quarter be noted.

14 James Erskine Public School, Erskine Park - Endorsement of Design Plans relating to Pedestrian Safety Improvements

Deputy Mayor, Councillor Tricia Hitchen gave thanks to Adam Wilkinson and Council’s Traffic Engineering Department for their initiative in addressing this matter early on, as she advised the Committee that she had received pedestrian safety concerns from residents in relation to the pedestrian refuge located on Swallow Drive, Erskine Park.

RECOMMENDED

That:

1. The information contained in the report on James Erskine Public School, Erskine Park - Endorsement of Design Plans relating to Pedestrian Safety Improvements be received.

2. Consultation with affected residents be undertaken.

3. Subject to no substantial objections, Design Plan AS238 (dated February 2017) be endorsed for construction, with funding provided from the 2016/17 Pedestrian Infrastructure Around Schools 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.

15 Sunningdale Drive and St Andrews Drive, Glenmore Park - Proposed Signage Changes

Matthew Shirvington of Pernith Police Local Area Command advised the Committee of his concerns in regards to enforcement of the proposed ‘15 mins P 8.00am – 9.30am, 2.30pm – 4.00pm School Days’ zone on Sunningdale Drive and the proposed ‘No Parking 8:00am – 9:30am, 2:30pm – 4:00pm School Days’ zone on St Andrews Drive, Glenmore Park. Matthew Shirvington advised the Committee that it may be difficult enforcing the aforementioned proposed parking restrictions as they are not consistent with other schools parking restrictions.

RECOMMENDED

That:

1. The information contained in the report on Sunningdale Drive and St Andrews Drive, Glenmore Park - Proposed Signage Changes be received.

2. A ‘15 mins P 8.00am – 9.30am, 2.30pm – 4.00pm School Days’ zone of 14 metres be installed in the indented bay on Sunningdale Drive as shown in Appendix 1.

3. The ‘No Parking 8.00am – 9.30am, 2.30pm – 4.00pm School Days’ zone on St Andrews Road near Garswood Road be changed to a ‘15 mins P 8.00am – 9.30am, 2.30pm – 4.00pm School Days’ zone as shown on Appendices 2 and 3.

4. The resident who wrote to Council, and Surveyors Creek Public School be informed.

5. A report be prepared and presented back in 6 months to the Local Traffic Committee providing feedback about the operation of the proposed ‘15 mins P 8.00am – 9.30am, 2.30pm – 4.00pm School Days’ zone and ‘No Parking 8:00am – 9:30am, 2:30pm – 4:00pm School Days’ zone.

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL

GENERAL BUSINESS

GB 1 Ballarat Avenue and St Clair Avenue, St Clair - Parking at the Intersection

Councillor Karen McKeown advised the Committee of concerns raised by residents regarding vehicles parking on St Clair Avenue, St Clair at its intersection with Ballarat Avenue, St Clair. It is reported that vehicles are not leaving the standard 10 metres from the intersection. Councillor McKeown advised the line marking on St Clair Avenue, St Clair may be causing some confusion for drivers as to how close they can park to the intersection.

RECOMMENDED

That:

1. Council’s Traffic Engineering Officers review the line marking at the intersection of Ballarat Avenue and St Clair Avenue, St Clair and investigate options for improving parking conditions and driver safety at the intersection.

2. Councillor Karen McKeown be advised of the outcome.

GB 2 Glossop Street, St Marys near the Great Western Highway - Speeding Vehicles

Councillor Karen McKeown advised the Committee of concerns regarding speeding vehicles travelling along Glossop Street, St Marys near the Great Western Highway.

RECOMMENDED

That:

1. Council’s Traffic Engineering Officers investigate speeding along Glossop Street, St Marys near the intersection of the Great Western Highway and undertake speed and traffic counts and appropriate investigations.

2. Councillor Karen McKeown be advised of the outcome.

GB 3 Pages Road and Wilson Street, Penrith - "Rat Running" and Request for Review of Signage

Councillor Karen McKeown advised the Committee of concerns raised by residents regarding “rat running” occurring on Pages Road and Wilson Street, Penrith from Mamre Road. Councillor McKeown also requested that the signage at the intersection of Pages Road and Wilson Street, Penrith be reviewed.

RECOMMENDED

That:

1. Council’s Traffic Engineering Officers review the signage at the intersection of Pages Road and Wilson Street and investigate “rat running” occurring on the subject streets and traffic counts and appropriate investigations be undertaken.

2. Councillor Karen McKeown be advised of the outcome.

GB 4 Penrith Bus Interchange - Timeframe of Operations

Steve Grady of Busways advised the Committee that on Friday 3 March 2017, he attended a meeting regarding Penrith Bus Interchange operations. Steve Grady advised that in mid-April 2017, a temporary bus interchange will be constructed and will be in operation by mid May 2017. Steve Grady further advised that by October 2017, the ultimate (new) bus interchange will be completed.

RECOMMENDED

That the Committee note the information.

GB 5 High Street, Penrith near Penrith High School - Placement of VMS Trailers Advising of Changes to Parking

Councillor Marcus Cornish suggested to the Committee that Variable Message Sign (VMS) trailers be positioned near Penrith High School and on surrounding streets, advising drivers of the proposed changes to parking conditions at Penrith High School as presented in Item 11 regarding “High Street, Lethbridge Street and Colless Street, Penrith - Proposed 'No Parking' Zones” and other locations where there are changes to parking.

David Drozd, Council’s Traffic Engineering Coordinator advised the Committee that VMS trailers are predominantly used in hazardous situations and are commonly used to notify drivers of detours, speeding or work zones. David Drozd advised the Committee that educational materials such as developing fact sheets for the local schools to distribute to parents, are an effective method in notifying drivers of changes to parking conditions. A package of information will be provided to Penrith High School for their direct distribution.

RECOMMENDED

That the Committee note the information.

There being no further business the Chairperson declared the meeting closed the time being 10:40am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 March, 2017 be adopted.

Ordinary Meeting 27 March 2017

Draft West District Plan - Council's Submission

Compiled by: Nicole Dukinfield, Senior Planner

Authorised by: Abdul Cheema, City Planning Coordinator

Outcome	We plan for our future growth
Strategy	Protect the City's natural areas, heritage and character
Service Activity	Undertake priority planning projects and statutory processes that contribute to Penrith's role as a Regional City

Executive Summary

In November 2016, the Greater Sydney Commission (GSC) released six draft District Plans for public consultation. The draft West District Plan (draft Plan) applies to Penrith, Hawkesbury and Blue Mountains Local Government Areas (LGA), and provides a bridge between metropolitan-level planning and Council’s Local Environmental Plan and local planning strategies.

The draft Plan includes three main chapters that focus on the productivity, liveability and sustainability of each District, with a series of priorities and actions to support the implementation of the draft Plan.

An amendment to the strategic plan for Greater Sydney, A Plan for Growing Sydney, has also been placed on public exhibition. Towards our Greater Sydney 2056 outlines a vision for a metropolis of three cities including a Western City, which encompasses the Western Sydney Airport (WSA) aerotropolis and the strategic centres of Penrith, Liverpool, Blacktown and Campbelltown-Macarthur. The full version of the draft Plan is provided in Attachment 1.

As the final Plan will inform the review of A Plan for Growing Sydney, it is important that the draft Plan accurately reflects the priorities for the West District.

A review of the draft Plan has been undertaken and a number of preferred priorities have been identified. These preferred priorities will underpin the basis of Council’s submission. A detailed list of key issues and proposed responses has been prepared and are outlined in this report, in addition to more detailed technical responses to the priorities and actions which are provided in Attachment 2.

Submissions to the GSC on the draft Plan are due by the end of March.

Role of the District Plan

With the establishment of the GSC, district-level planning aims to connect local planning with long-term metropolitan planning for Greater Sydney. Whilst a key aim of the draft Plan is to bridge the gap between A Plan for Growing Sydney and Council’s Local Environmental Plans and local planning strategy, the role of the District Plan is also to:

· Act as a statutory document, which Councils are required to give effect to and guide the preparation of Planning Proposals;

· Guide strategic land use, transport and infrastructure planning across local government areas;

· Inform the review of A Plan for Growing Sydney; and

· Inform the preparation of Local Environmental Plans.

Key elements of the draft West District Plan

The draft Plan is a comprehensive planning strategy comprised of the following:

· A vision for the West District;

· A vision Towards our Greater Sydney 2056, the amendment to A Plan for Growing Sydney;

· A chapter that addresses the West District’s economy and infrastructure, titled ‘A Productive City’;

· A chapter that addresses the West District’s housing and lifestyle, titled ‘A Liveable City’, and

· A chapter that addresses the West District’s natural environment, titled ‘A Sustainable City’.

A Productive City focuses on the West District’s economy with key themes including growing tourism within the District, delivering the Western City and the Western Sydney Airport, planning for Greater Penrith as Sydney’s Western Gateway and accessing more local jobs, goods and services within 30 minutes.

A Liveable City focuses on new and affordable housing, communities and amenity to deliver new residential areas, vibrant centres and local places which are supported by community infrastructure.

A Sustainable City focuses on identifying and protecting the West District’s waterways and environmental lands, planning for resilient cities and managing flood hazards.

Each of the chapters identify priorities and actions to deliver on the vision for the West District. The priorities provide the overarching strategy for the West District and the actions provide more detailed outcomes, and identifies the lead agencies and partners responsible for delivering the actions.

Towards our Greater Sydney 2056

Towards our Greater Sydney 2056 is a draft amendment to the current strategic plan for Greater Sydney A Plan for Growing Sydney. This amendment has been prepared, alongside the preparation of six District Plans, to guide planning across Greater Sydney and at a district-level.

A new vision within Towards our Greater Sydney 2056 is the establishment of a metropolis of three cities across Greater Sydney. These cities include the established ‘Eastern City’, the developing ‘Central City’, and the emerging ‘Western City’. The draft amendment outlines that the Western City’s focus is around the proposed Western Sydney Airport and will create new economic and social opportunities within existing centres in Western Sydney, including Penrith.

The amendment Towards our Greater Sydney 2056 does not replace the legal status of A Plan for Growing Sydney, however it will inform the review of A Plan for Growing Sydney which will be undertaken in 2017. Therefore, it is important that the draft Plan accurately reflects the priorities for the West District.

Council’s submission

A number of preferred priorities have been identified which provide the overarching priorities and principles of which Council’s submission will be based upon. These priorities are based on Council’s Strategic and Community Planning framework, adopted policy positions and advocacy activities.

The preferred priorities are:

· New and diverse jobs

· Transformative infrastructure that addresses Penrith’s needs now and into the future, including critical north-south connections

· A range of housing options that are innovative and sustainable

· Supporting Greater Penrith as the centre of the emerging North-South and existing East-West economic growth corridor

· Create the Western City that boosts the Western Sydney economy

· Balance Penrith’s growth whilst protecting and enhancing our natural environment

A review of the draft Plan has been undertaken and a summary of key issues and proposed responses has been prepared. The proposed responses are informed by the preferred priorities identified above. These key issues and proposed responses are intended to inform the preparation of Council’s submission and will highlight that:

Implementation

· The draft Plan could be improved by including measurables and timeframes against the actions to ensure they are implemented. Currently there are no such measures

· Council is not identified as a partner or lead agency in the majority of actions. This places a significant responsibility on the GSC to deliver the actions. Therefore, the GSC must take a strong leadership role in facilitating State Agencies and other relevant stakeholders to deliver the draft Plan

· The urban portion of the West District and the South West District share the same opportunities and challenges. The two plans need to seamlessly integrate, and the opportunity exists for a new governance approach (with local government centrally involved) to guide the creation of a region of the future.

Vision

· The West District is complementary and each LGA has unique, defined and agreed roles, as follows:

o Blue Mountains: tourism and heritage, green grid, villages

o Hawkesbury: tourism and heritage, local agriculture and agribusiness and rural lifestyle

o Penrith: jobs, housing choice and infrastructure, growth, a regional urban role

The Western City

· Penrith’s recognition as a Strategic Centre and part of the Western City supports Penrith’s vision for higher-order jobs and economic growth opportunities from the proposed Western Sydney Airport (WSA)

· The District Plan should further identify those priority projects and economic opportunities that would come from the proposed WSA to position the District in the context of the City Deal for Western Sydney

· The draft Plan is largely silent on the direction for the Western Sydney Priority Growth Area (WSPGA). It is acknowledged that the Department of Planning and Environment (DP&E) are currently undertaking a Land Use and Infrastructure Strategy to guide future land uses within the area. It is suggested that once this work is finalised, the overarching vision for the WSPGA be included into the final Plan

· It is critical that the West District Plan and South West District Plan are integrated in their approach to the WSPGA and the WSA to deliver the Western City, WSA aerotropolis and economic growth opportunities for the Strategic Centres, including Penrith

· The draft Plan, and subsequent preparation of the review of A Plan for Growing Sydney, should consider innovative governance frameworks to deliver the Western City

Greater Penrith

· Council strongly supports and welcomes Greater Penrith being identified as a Collaboration Area and the opportunity to partner with State Agencies and other relevant stakeholders to deliver economic growth

· The draft Plan needs clarity regarding the term ‘Greater Penrith’ – this should also include Penrith Lakes and the Nepean River

· References to the Collaboration Area should be supported by a series of ‘priority precincts’, such as the Penrith Health and Education Precinct, River/Tourism Precinct, and the City Centre/Government Precinct, identifying the relevant partners and desired outcomes for these precincts

· The draft Plan needs a commitment to unlock barriers to economic growth in Greater Penrith, specifically:

° North-South rail and improved transport connections

° Address and resolve flood and evacuation issues

Jobs targets

· Penrith Economic Development Strategy identifies jobs target of 55,000 new jobs by 2031.The draft Plan identifies an increase of between 12,300-14,800 new jobs over a shorter period of time (by 2036) within Penrith and St Marys. A bolder jobs target should be identified, which includes the WSPGA

· The District Plan should be supported by more actions to attract higher-order jobs

· The East-West economic corridor should also be recognised – increasing the opportunities along the established Western line

· There is an emerging North-South economic corridor but it requires strong intervention to ensure it has a high density of jobs of the future

Housing Delivery

· Support for Councils being given responsibility to prepare local housing strategy

· Plan should emphasise that each LGA within the West District plays a complementary role. Blue Mountains provide villages and executive housing, Hawkesbury provides rural lifestyle living and Penrith provides housing diversity and the majority of the housing growth for the District

· Penrith’s role in delivering the majority of housing for the West District should be more strongly reflected in the final Plan

· The proposed short-term housing targets can be achieved however current obstacles such as flooding and evacuation, need to be addressed to meet the longer term target

· The draft Plan needs stronger innovation in housing delivery, particularly in regard to urban design and density

· Housing in the strategic centre of Penrith needs to be overtly supported with bold targets, because of the multiple economic, social and environmental outcomes it offers over greenfield housing

Affordable Housing Targets

· The need for Affordable Housing is one of the most significant issues for current and future generations that requires strong leadership by Federal and State Government

· Support needs to be given to Council’s that do not have any urban renewal areas or greenfield lands and that the GSC should support existing schemes that seek to provide affordable housing (including the Penrith Public Benefit Policy)

· The draft Plan only supports affordable rental housing, however affordable housing for purchase opportunities should also be considered

· A range of policy levers should be explored for affordable housing

‘30 minute cities’ concept

· Transport and infrastructure should be embedded within the draft Plan – this is imperative to planning for sustainable growth in jobs and housing and in delivering vision for ‘30 minute cities’ concept

· Supporting infrastructure is also critical such as commuter parking and rapid bus services

· North-South rail is critical to unlocking economic development opportunities and delivering transformative change for Western Sydney

Blue and Green Grid

· Prioritising the protection of environmental land and corridors is strongly supported and provides clear guidance in the assessment of planning proposals

· The Nepean River needs greater recognition for its role in tourism and environmental values

· Greater emphasis on canopy cover in urban areas would be valuable to mitigate the urban heat island effect

Managing hazards

· Collaboration between State Agencies, and central involvement of this Council, should be prioritised to address and resolve Hawkesbury-Nepean flooding and evacuation issues

· Recognition of urban heat island effect is strongly supported, and the need to address this in Planning Proposals. The GSC need to consider how this can be implemented through the development assessment process to ensure urban heat mitigation is delivered

Metropolitan Rural Area

· The benefits of the Metropolitan Rural Area in terms of helping to secure Sydney’s food supply into the future and for mitigating and adapting to climate change impacts should be identified

· Role of the Metropolitan Rural Area becoming increasingly significant in the context of the Western Sydney Airport and population projections for Western Sydney

· The priorities place responsibility on individual Council’s for managing the Metropolitan Rural Area, however it is important that a holistic approach is taken in terms of future policy direction

General comments on the priorities and actions

· The priorities outline the matters to be addressed in local planning strategies and Planning Proposals – this is supported as it provides a clear link between the District Plan and LEPs

· Some priority areas that are identified do not have actions. Actions should be identified for each priority area to ensure the priority is implemented

· A number of priorities and actions could be reduced to ensure a concise and deliverable document – some priorities may be better considered at the Greater Sydney level, to ensure a broader strategic approach for these services

· There is some duplication of priorities with SEPPs and Section 117 directions – these should be deleted to remove duplication

· Some of the priorities will require proponents of Planning Proposals to undertake extensive studies, adding to the cost of preparing a Planning Proposal. It is also considered that the number of priorities within the draft Plan are exhaustive, and addressing all of the matters within the draft Plan as part of a Planning Proposal may be an onerous expectation.

Council’s submission will also provide detailed comments on each priority and action. Comments on the priorities and actions will be provided from a technical perspective, detailing matters including the practical application of the priorities and actions and suggested improvements. These comments will be included within Council’s submission as an attachment. The proposed responses to the priorities and actions are provided in Attachment 2.

The biggest “game changer”, which requires acknowledgement in the District Plan

The West District Plan provides far greater clarity of the region’s planned future than any prior attempts at metropolitan planning. And that future appears, on paper, to be more productive, liveable and sustainable. For this, the GSC are to be applauded.

But significant change is still required in terms of how the West and the South West Districts are delivered into the future. Past patterns of low density housing, poor transportation and low effective jobs density must be overturned. For Western Sydney the notion of a 30 minute city is not anywhere near a reality. This places great weight on the effectiveness of implementation of the principles in the draft Plans.

There is one single piece of infrastructure that offers opportunity for a fundamentally better region, north to south across outer Western Sydney than any other element. This is a passenger rail line from Marsden Park to Campbelltown. Rail changes everything for the region. It is the structuring element around which a whole new north to south economic corridor which is thick with jobs of the future could be created. At a time when the corridor could, under current planning templates be filled with low employment warehouses or low density housing, it offers the chance for the alternate - a new series of mid-rise new town centres (with jobs and services) at new rail stations. Overlaying STEAM (science, technology, education, arts and mathematics) as a theme of employment and development along the rail corridor would future proof the new and existing population with skills and jobs for the future. Rail would allow workers and the general public to access the jobs and services that are currently isolated in the strategic centres across the two districts. Rail is the element that can unify Western Sydney as one economy. Rail can shape the Third City.

The West and the South West District Plans should acknowledge the unique value of a north to south passenger rail line as a structuring piece of infrastructure for the principles and themes that the Plan promotes. It should encourage early reservation of the rail corridor and the commencement of planning for the very different employment, social and environmental ecosystems that such rail can catalyse.

Next steps

If Council resolves to endorse the preferred priorities and proposed responses to the key issues, priorities and actions attached to this report, Council’s submission will be prepared and forwarded to the GSC for consideration.

Council’s submission will be prepared including the following components:

· A cover letter identifying the preferred priorities;

· A submission detailing the key issues and proposed responses; and

· An attachment detailing technical response to the priorities and actions.

The submission will be finalised after Council endorses the preferred priorities and proposed responses to the key issues. The public exhibition period closes on 31 March 2017.

Council has a positive working relationship with the GSC and has been working closely with the West District Commissioner during the preparation of the draft Plan. It is anticipated that Council will continue to work with the GSC after the exhibition period has closed through District-level workshops and other forums.

RECOMMENDATION

That:

1. The information contained in the report on Draft West District Plan - Council's Submission be received

2. Council endorse the preferred priorities contained in this report, the key issues and proposed responses contained in this report and the proposed comments on the priorities and actions contained in Attachment 2 to this report, as the basis for a final submission to the Greater Sydney Commission.

3. Council’s final submission be forwarded to the Greater Sydney Commission by 31 March 2017 and a copy be forwarded to all Councillors.

ATTACHMENTS/APPENDICES

1. ⇩	Draft West District Plan	155 Pages	Attachments Included
2. ⇩	Comments on priorities and actions	23 Pages	Attachments Included

Ordinary Meeting 27 March 2017

Don Bosco Youth and Recreation Centre St Marys - Funding Contract

Compiled by: Katerina Tahija, Youth Development Officer

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 provides information on the funding contract between Council and the Don Bosco Youth and Recreation Centre in St Marys. Council provides an annual funding contribution to the Don Bosco Youth and Recreation Centre to assist in the provision of free programs and activities for young people in St Marys and surrounding areas. This funding contribution is subject to terms as outlined in the five-year contract dated May 2010 between Council and the Don Bosco Centre.

Council officers presented a report to Council’s Ordinary meeting on 27 June 2016 outlining a number of matters that required further negotiation with Don Bosco Directors prior to the contract renewal. These matters included the provision of free youth programs, data collection, waste management and additional grant and fundraising opportunities.

This contract is now up for renewal. As on previous occasions when the five-year contract is due for renewal this has provided an opportunity for Council and Don Bosco staff to review service delivery, attendance numbers and renew strategies to support activities at the Centre, particularly those free activities for which Council’s funding is utilised.

The report recommends that the information contained in the report on Don Bosco Youth and Recreation Centre St Marys - Funding Contract be received and that Council endorse the signing of a five-year funding contract with the Don Bosco Centre as outlined in this report providing an annual contribution of $33,200 per year from 2016-17 to 2020-21.

Background

In 1992 Council leased land in Mamre Road, St Marys to the Salesians of Don Bosco to build a centre aimed at meeting the recreational and social needs of young people in the St Marys and Penrith area. Conditions of the lease and deed of agreement between Council and the Don Bosco Centre, in relation to the provision of services, included that the proposed centre be accessible and affordable to the local community. The land on which the Don Bosco Centre was constructed was offered at a token rent for 75 years and Council agreed to pay any land rates for the site.

In addition to this Council provided a lump sum of $100,000 towards the construction of the Don Bosco Youth and Recreation Centre.

Also in 1992, Council agreed to make an indexed annual contribution for five years of $25,000 towards the running costs and equipment required by the Centre. The deed of agreement also outlined that Council, following an agreed upon procedure, may increase, decrease or cease any such payments following a review.

In addition, each year the Don Bosco Centre is required to submit to Council its annual report with accompanying financial statements, data on usage of the Centre and programs delivered. This enables Council to monitor performance and ensure the Don Bosco Centre is meeting its obligations under the deed. In line with the deed the Don Bosco Centre’s most recent annual report has been reviewed as required by Council officers.

In 2010, Council endorsed the continuation of the financial contribution to the Centre following extensive investigation of possible alternative funding arrangements as well as a differential fee arrangement for groups using the Centre from outside the LGA. The agreement was also extensively reviewed and a new detailed contract was negotiated between the parties. The annual recurrent financial contribution to the Don Bosco Centre of $33,200 (exclusive of GST) was adopted as the base contribution for this five-year contract, 2009/10 – 2014/15 inclusive. Council endorsed signing of the new contract in May 2010.

In 2010 Don Bosco also expressly indicated they did not want Council’s contribution to continue to be indexed to CPI. Thus the annual contribution of $33,200 has been the same throughout the five-year contract to 2015.

Since 1992, the Don Bosco Youth and Recreation Centre has been a well utilised and popular destination for the community and young people for leisure and recreational activities.

The high utilisation, the popularity of the Centre amongst young people and the extensive use of the Centre by schools and disability/community groups confirms that Council’s funding contribution to the Don Bosco Centre delivers a needed community service in St Marys and the broader region.

The previous five-year contract ended in 2015. The Don Bosco Centre submitted its annual report and accompanying information to support Council’s assessment of its operations in April 2016. This again has provided an opportunity to review the contract, look at centre utilisation and recent changes in participation by young people at the Centre.

Council officers and Don Bosco commenced discussions in May 2016 on some matters of detail and the Don Bosco Centre has since provided further information on utilisation and changes in programing.

To enable the annual funding contribution of $33,200 to be allocated for the 2015/16 financial year a report was submitted to Council’s Ordinary meeting of 27 June 2016 and this allocation was endorsed. In that report Council officers indicated they would continue to resolve outstanding matters with Don Bosco before renewing the next five-year contact.

Don Bosco Centre - Current Operations and Program Delivery

The following sections of this report provide an overview of the current operations and program delivery at the Don Bosco Centre.

Current Centre users

The Don Bosco Centre continues to be a highly utilised and popular destination for young people to participate in recreation programs and drop-in activities. Located on Mamre Road, St Marys and part of the St Marys Corner Community and Cultural Precinct, the Don Bosco Centre is well placed to assist with the continued activation of this area.

The Centre provides both individual and team activities, involving families and a wide range of residents. The philosophy of the Centre is to enrich the lives of all young people, with a focus on those most in need. The aim is to provide a range of interesting, healthy and enjoyable activities to build confidence and self-esteem.

Currently the sessions are as follows:

· open age sessions Tuesday – Friday 3.00pm - 5:30pm - free

· families with children under 12 years of age - Saturday morning 10.00am -11.30am - free

· young people over 12 years of age – Saturday and Sunday 2.00pm – 5.00pm - free

Participants and families are welcome to donate a gold coin at these sessions.

Afternoon sessions are well attended with a younger age group visiting the centre after school. Sessions for families on Saturday mornings continue to be generally well attended and are attracting people from both Penrith and the Blacktown LGAs. Saturday and Sunday afternoon sessions for young people are generally well attended though numbers have declined compared to a few years ago. Numbers vary from 60 to 200 participants.

Over the past year numbers had declined for the free Friday night youth sessions and this was an activity partly subsidised by the Council contribution. The Friday nights were then booked for private party functions and not open to the public. Consultations held with young people during Youth Week 2016 identified that young people would like activities on Friday nights and the weekends. Council negotiated with the Don Bosco Centre to reopen on Friday nights but the Centre is now charging a $5 fee. The numbers for Friday night average 20 young people. Typically drinks, packets of chips and ice-creams are sold from a small canteen with limited stock for sale. Council officers will assist Don Bosco in promoting the Friday evening activities.

Given the number of well attended free sessions provided by the Don Bosco Centre, Council’s subsidy still delivers a valuable community service in St Marys and adjoining suburbs.

School and disability groups continue to utilise the centre during the week with the Centre generally at capacity. Vacation care groups can also book to use the Centre during school holidays. These bookings require payment of hire fees. Generally, fees for groups are reasonable.

Private parties, usually children’s parties, generate a sizeable income for the centre. Currently there is a $200 fee per party for a duration of 2 hours and there are approx. 350-360 parties per year. The private parties typically bring in food including pizzas, cakes, drink bottles and snacks which generates the majority of the centres weekly waste.

Data Collection and Marketing

There is very little data collection on numbers of participants and attendance patterns due to limited staff time. The Don Bosco Centre have indicated to Council officers that the declining numbers at some sessions is an observation and anecdotal. It has been negotiated that regular surveying of participants to develop reliable data will now form part of the proposed funding contract.

Council officers have offered to work with Centre staff to develop surveys and data collection tools to better understand usage and, for example, why changes in attendance patterns are occurring. It is also unclear where young people that use the Centre are coming from and why there has been a decline in attendance at some sessions.

Council staff attended a Saturday session at the Don Bosco Centre 17 December 2016 and spoke with 48 young people. Of the young people surveyed, 100% responded that they were very happy with their visit to the Centre and that they have or would be a return visitor. The trampolines were identified as the highest rated attraction in the Centre. Young people also identified that they would like other activities such as competitions, activity circuits and a foam pit.

Council staff will continue to work with Don Bosco Centre staff to develop strategies for data collection and look for opportunities for young people to be more involved in the Centre.

The groups and private parties that utilise the Centre for their respective activities are mainly from the Penrith and Blacktown LGAs. There is also significant usage of the Centre by schools and groups from other parts of Western Sydney.

There is also opportunity to generate more promotional and marketing activities to raise awareness of the Centre’s free activities to increase attendance by young people and families, particularly from St Marys and adjoining suburbs.

Current Staffing arrangements

The Don Bosco Youth Centre is staffed by the Salesian brothers and sisters as their vocational duties. They are paid a stipend and are responsible for all aspects of running the Centre. The staff live in two neighbouring residential houses that are owned by Council and are also leased for a nominal rental amount by the Salesians of Don Bosco.

Other considerations

Council has recently reviewed other expenses that are incurred by the Don Bosco Centre and the adjoining two residential homes owned by Council. One issue that was resolved during the last five-year contract was that the payment for water usage was transferred to the Don Bosco Centre as the lessee. The current waste services delivered to the Centre and the neighbouring houses have also been the subject of discussion to ensure more of the waste from the Centre can be recycled.

Currently Council pays for the waste service for both the residential homes and Centre at an approximate cost of $3,500 per annum. The bins provided to the residential homes have been reviewed and an organics bin service needs to be reinstated. The transfer of the cost of the domestic waste service to the residential homes and provision of a commercial waste service under Council’s Civic Waste contract for the Don Bosco Centre has been discussed with the Don Bosco Centre Directors. The Centre will pay for this commercial waste service from 1 July 2017.

Council officers have also discussed opportunities with Don Bosco staff to support the Centre in applying for other grants and to look at better promotion to attract business sponsorship.

Proposed Changes

This section of the report summarises the major improvements in the proposed new funding contract between Council and the Don Bosco Centre.

Proposed waste improvement – Comments by Resource Recovery Co-ordinator

In relation to waste management at the Centre, Council officers are of the view that the Don Bosco Centre needs to more actively manage waste generated at the Centre and the adjoining two houses occupied by Don Bosco directors and staff.

It is proposed to change both residential houses to a more standardised 3-bin service option for 8 Mamre Road and 14 Mamre Road St Marys. This change ensures appropriate management and resource recovery of the waste streams from these houses and will reduce the cost to Council by approximately $200 per annum.

With regard to the 6 x 240 services currently being provided to the Don Bosco complex, it is proposed to reduce the number of services from six to two for the remainder of 2017. This will allow Don Bosco to continue using two large red lid garbage bins collected weekly and two large yellow lid recycling bins fortnightly costing Council $832*. In reducing the number of these services, there will be a cost reduction of $1,664* to Council.

From 1 January 2018, it is envisaged to remove the 2 x 240 services following further negotiation between Council officers and Don Bosco Directors. At this time, Don Bosco could engage a private contractor for services or they could access services through Council’s Civic Waste Contract as they are leasing property from Council. Following this, there would be a further $832* reduction in cost to Council.

(* All prices above are 2016-17 financial year prices).

Proposed Income Opportunities

As part of the discussions held between Council officers and Don Bosco Directors about the private party fee structure, agreement has been reached that the Centre will increase the fee for a party to $220 per booking, to start 1 January 2018. This will generate at least $6,000 based on at least 300 parties being booked, which is a conservative number as previous years has seen 350-60 parties. This will generate funds to pay for the commercial service that is required for the running of the Centre. The majority of waste is generated by the private parties.

The Centre Directors and Council staff have also undertaken to look for sponsorship and funding opportunities including from the business/private sectors. Strategies may include a business open day, a targeted business sponsorship letter, applying for funds under the NSW Club Grants program and exploring donations of materials from businesses.

Proposed five-year funding contract – 2016/17-2020/21

Following all the discussions between Council officers and the Don Bosco Directors, it is recommended that Council enters into a five-year funding contract starting in the 2016/17 financial year. It is recommended that the amount of $33,200 continue as the annual funding contribution per year for five years.

It is proposed that the terms of the contract include the principles discussed within this report relating to provision of youth programs, youth consultations for data collection, appropriate waste service improvements and exploring revenue, sponsorship and donations opportunities.

Summary

Since 1992, the Don Bosco Youth and Recreation Centre has been a well utilised and popular destination for the community and young people for leisure and sporting activities. Council has provided substantial support, both financial and in-kind, to assist with the operation of the Centre.

Council has been contributing $33,200 annually since 2010 to assist the Don Bosco Centre to provide free activities for young people. This contract has now expired and provides an opportunity to review the contract terms and program delivery.

The discussions between Council officers and Don Bosco Centre staff have been positive. Some matters covered in these discussions will need to be included in the new five-year contract to take effect from financial year 2016/17, including water and waste charges.

The range of programs and activities delivered at the Centre, including those subsidised by Council, continue to provide a valuable community service for young people and the broader community in St Marys, adjoining areas as well as more broadly.

The report recommends that a new five-year funding contact from 2016/17 be signed with the Don Bosco Youth and Recreation Centre at St Marys.

RECOMMENDATION

That:

1. The information contained in the report on Don Bosco Youth and Recreation Centre St Marys - Funding Contract be received.

2. Council endorse the signing of a five-year funding contract with the Don Bosco Centre as outlined in this report providing an annual contribution of $33,200 per year from 2016 - 17 to 2020 - 21.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 March 2017

Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs

Compiled by: Virginia Tuckerman, Recreation Co-ordinator

Authorised by: Andrew Robinson, Facilities Manager

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Provide and maintain sport and recreation facilities that meet community needs

Executive Summary

This report provides details of the Expression of Interest (EOI) process undertaken for use of the new sportsground facilities at Village Oval and Northern Road Oval, Jordan Springs and makes recommendations for both winter and summer allocations of the fields.

After a period of public advertisement, 6 EOI’s were received before the deadline of 18 November 2016, a further late application (due to computer error) was received from Nepean District Oztag Association. Submissions have been received from:

- Penrith Junior Cricket Association

- Penrith RAMS Australian Football Club

- Penrith City RSL Junior Rugby Club

- Nepean Football Association – Jordan Springs Football Club

- Nepean Football Association – Penrith Dragons Football Club

- Penrith & District Junior Rugby League – Jordan Springs / Cambridge Park Junior Rugby League Club

- Nepean District Oztag Association

In addition, an application outside of the EOI process and through Council’s winter season booking process has been received by Penrith District Netball Association for use of the single netball court at the Village Oval.

All applications received, once evaluated by Council Officers, have been deemed suitable in their content and demonstrate the significant contribution that clubs and associations are making to the sporting fabric of the City. Detail of the evaluation was included in the business paper for the Recreation Working Party, and presented to this Working Party at its meeting on 15 March 2017.

This report recommends that the information contained in the report be received and, that the following allocations are made for use of the Village Oval and Northern Road Oval, Jordan Springs:

Venue / Season	Recommend Hirer	Days of the week
Village Oval
Summer	Penrith Junior Cricket Association	Friday, Saturday and Sunday
	Nepean Oztag Association	Mondays and Wednesday
	Nepean Football Association - Jordan Springs Football Club	Tuesday and Thursday
Winter	Nepean Football Association - Jordan Springs Football Club	Tuesday to Sunday
Venue/Season	Recommended Hirer	Days of the Week
Northern Road Oval
Summer	Penrith City RSL Junior Rugby Union Club	Tuesday to Thursday for junior programs
Winter	Nepean Football Association - Penrith Dragons	Tuesday, Wednesday, Thursday & Saturday

The report also recommends that the use of the netball court is allocated to the Penrith District Netball Association.

Background

A report was presented to Council at its Policy Review Meeting on 11 August 2014 which outlined details of the planned new sportsground developments at Jordan Springs and Mulgoa Rise, Glenmore Park. It also outlined the process that Council Officers intended to undertake for allocation of these new sportsgrounds to user groups.

In relation to the allocation of the new sportsgrounds, the report identified it was the intention to implement an EOI process to obtain applications for use from clubs and associations. The EOI process would require clubs and associations to respond to adopted assessment criteria and, these criteria were outlined in the report. It was indicated that the criteria had been designed to realise the most equitable process through which the future allocation of new sportsgrounds will provide the outcome with the most value reflecting both sport and community needs.

Council resolved to receive the information contained in the report and endorsed the EOI process, as detailed, for the allocation of new sports grounds.

Current Situation

i) Facility Provision

Mulgoa Rise

The EOI process for use of Mulgoa Rise was completed in 2015 and, the recent completion of the new sportsgrounds and amenity facilities will enable Glenmore Park Football Club, Penrith Junior Cricket Association and Nepean District Cricket Associations as Council’s endorsed user groups, to operate from this venue from the 2017 season onwards.

Northern Road Oval - Cnr Greenwood Pkwy – Discovery Way, Jordan Springs

The Northern Road Oval provides the space to accommodate: 1 x modified rectangular field (approximately 92m x 58m) with 50 lux floodlights, amenities building including toilets and small store, and car parking adjacent to the new universally designed playground (Touched by Olivia Foundation).

Village Oval - Cnr Cullen Ave - Alinta Promenade, Jordan Springs

The Village Oval provides the space to accommodate: 2 x senior rectangular fields, or 1 x oval field, 100 lux floodlights, a central amenities building, a playground, netball court, basketball court, fitness stations and connecting pathways, and 80 car spaces.

The amenity facility has been delivered based on generic sporting code guidelines featuring fully accessible flexible male and female changing areas, male and female referees rooms, toilet facilities, canteen, store rooms, small meeting space and a first aid room.

At this stage, while constructed, both the Northern Road and Village Oval fields are not available for community sport use with land transfer and maintenance rectifications still to be completed. It is not anticipated that these matters will be resolved until the end of April 2017.

ii) Expression of Interest Process

Council Officers completed a communication process to gain interest in the new facilities at Jordan Springs, this included:

- Media Release issued 12 October 2016.

- Notice in the Western Weekender Council page in the editions from 14 -28 November.

- Information on Council’s and Jordan Springs’ Community websites and social media pages.

- Correspondence to sporting clubs, associations and peak sports bodies.

- Correspondence to, and telephone conversations with stakeholders who have previously indicated their interest.

- Hosting an information presentation night.

- Hosting a facility viewing night.

The EOI process commenced on 17 October 2016 with the deadline for submissions being 18 November 2016. An EOI pack was developed to assist and streamline the EOI process and facilitate equity in assessing the EOI’s received. Comprehensive EOI submissions, addressing all criteria, have been received from:

- Penrith Junior Cricket Association (PJCA)

- Nepean Football Association – Jordan Springs Football Club (JSFC)

- Nepean District Oztag Association (NDOA)

- Penrith RAMS Australian Football Club (PRAFC)

- Penrith City RSL Junior Rugby Club (PCRSLJRUC)

- Nepean Football Association – Penrith Dragons Football Club (PDFC)

- Penrith & District Junior Rugby League – Jordan Springs / Cambridge Park Junior Rugby League Club (JS/CP JRLC)

- Penrith District Netball Association

The submissions indicated that clubs or associations require winter use only, both summer and winter use, or solely summer use of one, or both of the fields.

Requests for use in both Winter and Summer Seasons – Village Oval

Nepean Football Association

In 2016 the Nepean Football Association (NFA) reported a total of 6772 playing members from 16 clubs located within the Penrith Local Government Area. The total playing membership of the Association including the Blue Mountains and Hawkesbury areas includes 8186 players.

Nepean Football Association (NFA) proposes to establish a new club to be based at the Village Oval. For EOI application purposes the club has been referred to as Jordan Springs Football Club (JSFC). The proposed activities will be football (soccer) commencing at U/5 age group and continuing into Senior Men’s and Women’s programs, ensuring that all demographics from within Jordan Springs and surrounding areas are catered for.

It is proposed that non-competition age groups U5s – U11s will take part in skill based activities. All other age groups will play in local divisional competitions. Based on the field capacity, the NFA will cap the JSFC at 35 Junior Teams and 12 Senior Teams (approximately 600 members based on average team sizes)

NFA have requested use of the Village Oval for both the Summer and Winter seasons so that they can provide year round football activities to meet the needs of its growing membership base.

The Village Oval is situated close to two existing clubs situated at Parkes Avenue and Andromeda Reserve which are close to exceeding capacity to ensure sustainable turf facilities. The NFA advise that without use of the Village Oval and the establishment of the new club, the residents of Jordan Springs, Llandilo and Londonderry will continue to join existing clubs who are under pressure.

Penrith City RSL Junior Rugby Union Club

Penrith City RSL Junior Rugby Union Club (PCRSLJRC) propose to conduct a diverse range of rugby activities at the Village Oval including; Rugby Union training and matches (15 a side), junior rugby for participants U10s – U18s, mini rugby for programs for U5s – u9s, Junior Rugby 7s for males and females and new Viva 7s weekday Touch Rugby Program.

Currently, PCRSLJRC participate in the Parramatta District Competition. The application proposes to develop a new Penrith based junior competition to provide localised pathways for all participants. It is proposed that the Village Oval will become the new home of the Junior Representative Program currently operating at Nepean Rugby Park.

In 2016 PCRSLJRC offered programs for approximately 135 members within 10 teams. The club currently conduct their activities at Nepean Rugby Park in conjunction with Penrith Rugby Club’s Shute Shield program and Penrith Junior Representative programs. Together these groups provide Rugby programs for 680 participants with 17 teams operating across two fields. The club has reported that usage of Nepean Rugby Park has reached field capacity, and the sport requires further access to training and competition facilities to expand its programs.

In summer, PCRSLJRC propose to continue training for Rugby 7s tournaments held across the state for u9s – U17s. The club proposes to introduce a new localised rugby 7s tournament from November to December. Commencing preseason training in January leading into the standard winter programs. The club is seeking use from Tuesday to Thursday evenings and one weekend day preferably Sundays.

PCRSLJRC application addresses how the Village Oval facilities will provide adequate training and competition use for the club in line with its 5-year strategic plan. The change rooms, canteen, and competition lighting meet the requirements of the sport to expand its program to the broader community.

Penrith District Netball Association

Penrith District Netball Association attended a Lend Lease Community Open Day in 2016 to gauge interest in commencing a new Jordan Springs Netball Club. The initial response was considered positive and the club was formed on 13 December 2016 with Executive Committee management positions being appointed. The new club have held 3 registration sessions and are anticipating to enter 6 teams into the Penrith District Netball 2017 competition, fielding participants in 4 junior teams and 2 senior teams. The club has requested training activities which will take place on Tuesdays to Fridays 3:30pm – 8:30pm.

Request for Winter Season Use Only – Village Oval

Penrith Rams Australian

Penrith Rams Australian Football Club, formed in 1981, are the only senior AFL club in the Penrith LGA. Both the senior and junior clubs have seen successful growth in recent years, especially women’s Football.

In 2012, Penrith Rams AFC were the first club to introduce a Western Sydney Women’s female team in the Sydney AFL competition. This program has established further, particularly in the last 2 years.

The Penrith Rams AFC currently utilise Grey Gums Reserve along with Penrith Giants Junior AFC and Cranebrook Little Athletics. Current facilities at Grey Gums Oval are reported to be used to capacity during the winter season.

Penrith Rams Australian Football Club (PRAFC) application is in partnership with Penrith Giants Junior Australian Football Club, Australian Football League NSW / ACT, GWS Giants, Western Sydney University Giants, Glenmore Park / Emu Plains Junior AFL Club and St Clair Crows Junior AFL. The collective group propose to provide a range of AFL activities for the residents of Jordan Springs and the wider community.

AFL NSW/ACT report a participation base of 3,305 members, in 2016, in the Penrith Local Government Area. In terms of regular players, records indicate that there are approximately 740 senior and junior players participating in 30 teams, at three venues – Greygums Oval, Cook Park and Dukes Oval, reported to be at or nearing capacity.

In particular, Penrith Rams AFC and the Penrith Giants have entered an additional two female senior teams into the 2017 competition, including a Premier Division team, the first Western Sydney club to do so. This development will provide a strong pathway for development from the 3 local junior clubs ensuring players are able to stay and play within Penrith.

The application outlines that the Village Oval facilities including field size, change rooms and quality competition lighting meets the requirements of the Premier Division competition. It is proposed that the collaboration of clubs will provide weekly junior Auskick clinics for participants between the ages of 4 and 9 years, along with new female AFL programs, and training and coaching for youth girls and senior women’s teams along with a Female Academy of Excellence. In addition to this, it is proposed that training for Western Sydney University Giants, Penrith Rams AFC and Penrith Giants JAFC will be provided on site.

Request for Winter Use Only – Village Oval & Northern Road Oval

Penrith and District Junior Rugby League

Penrith and District Junior Rugby League has applied for use of both of the Jordan Springs facilities to conduct junior rugby league activities for members aged between U6 to U15. The application proposes that Cambridge Park Junior Rugby League Football Club will relocate its junior programs from Allsopp and Patterson Ovals in Cambridge Park to Jordan Springs.

Penrith and District Junior Rugby League reported a playing membership of 4453 players, in 2016, participating at 9 clubs in the Penrith Local Government Area.

If successful, the club intend on incorporating Jordan Springs into the club’s name to ensure they continue to attract Jordan Spring residents to the club.

The club intends on continuing to utilise Allsopp and Patterson Ovals for its senior training and competition matches. Penrith and District Junior Rugby League intend on providing learn to play rugby league development days at each of the venues.

Request for Winter Use Only – Northern Road Oval

Nepean Football Association

Nepean Football Association proposes to move its current Inclusive Football Program – Penrith Dragons - currently located at Jamison Park to the Norther Road Oval. The activities offered provide specially modified football activities specifically designed to be delivered to athletes with special needs. In 2016 the program attracted 52 participants from U5 to seniors.

The NFA was only the 2^nd Football Association in NSW to provide this specialised program for both juniors and seniors. The Penrith Dragons works closely with the disability service networks and local schools to ensure that their service is introduced to as many participants as possible. The complementary nature of the adjacent all abilities playground, and accessible amenities facility, will support the Penrith Dragons’ programs.

The NFA propose to further utilise the Northern Road Oval mid-week for junior programs.

Request for Summer Use Only - Village Oval

Penrith Junior Cricket Association

Penrith Junior Cricket Association (PJCA) have requested use of the Village Oval for the summer season to support the growth of junior cricket in the region. The Association provides weekly programs for approximately 980 members in 82 teams. Specifically, cricket’s program at the Village Oval will provide afternoon training, skills and weekly competition matches for players from U8s – U16s. The additional field will provide for greater opportunities for training and competition in cricket particularly supporting the growth in participation numbers within nearby Cranebrook and the newly established Brothers Cricket Clubs.

PJCA application requested consideration of the provision of a turf wicket as opposed to a synthetic wicket at the Village Oval facility. The Association expressed that the provision of a turf wicket at this location would provide further development and enhancement of the U15/16 competition and representative program which requires turf wicket access. The fields may also be used to host Cricket Australia and Cricket NSW programs such as T20 Blast and In2Cricket.

Nepean District Oztag Association

Nepean District Oztag Association (NDOA) requested use of the Village Oval for the Summer season. NDOA operate an Oztag competition that caters for juniors aged between U6s – U16s as well as hosting the districts women’s program from 15 years to masters. NDOA conduct their main program at The Kingsway Playing Fields in St Marys during the summer season, sharing fields and timeslots with both Penrith Touch Football Association and Penrith Oztag Association.

NDOA report that they have reached capacity of available fields and timeslots at the Kingsway Playing Fields on a Thursday night in Summer and wish to expand their program to the Village Oval to alleviate this capacity issue. In 2016 NDOA registered 2184 members within 182 junior and senior teams.

NDOA propose to offer a range of competitions U6 to U10s at the Village Oval on a Monday and Wednesday. This year NDOA scheduled programs for 64 teams during summer. They turned away approximately 15 teams due to reaching capacity at the current facility. Use of the Village Oval for these programs will enable them to accommodate these teams. It is proposed that the less crowded conditions on the field and within the car park will promote a safer more positive experience for the younger participants anticipated to use the facility.

Conclusion

The EOI evaluation process for use of Jordan Springs has taken into consideration the need to provide a range of sport and recreation needs for the community and has assessed current and anticipated demand, site constraints, levels of current provision, and the user group’s capacity to deliver quality community outcomes among a range of criteria. Detail of both the application and evaluation process was provided in the business paper for, and presented to, Council’s Recreation Working Party on 15 March 2017.

The evaluation of applications has demonstrated that all applicants have well-structured governance models, as well as significant membership numbers. Each applicant has demonstrated a willingness to work with Penrith City Council over a period of time, whether that is through contributing to projects, adherence to terms and conditions of sportsground hire, attendance at and participation in meetings and seminars, and the like.

On this occasion though, based on the information available for assessment, it is recommended that Council allocation of the Village Oval sportsground, for winter use, be granted to the Nepean Football Association for the development of Jordan Springs FC. Similarly, it is recommended that Penrith Dragons be allocated the use of the Northern Road Oval for the winter season. In the Council Officers’ opinion, the Nepean Football Association have more suitably demonstrated that its proposed programs and competitions will be directed at incorporating the immediate local community from Jordan Springs and its immediate neighbouring suburbs.

In terms of summer use, given the compatible times that the fields have been requested by the user groups, it is recommended that Council considers allocating the fields at both the Northern Road and the Village Oval on a shared basis during the summer season. This program of use would accommodate Penrith Junior Cricket Association, Nepean District Oztag Association, Penrith City RSL JRUC, and Nepean Football Association.

The recommendation to allocate the fields for use by the Penrith Junior Cricket Association is made on the basis that a synthetic wicket is installed (not included in the original development) and not a turf wicket, as requested by the Association, based on cost of installation as well as ongoing maintenance and renewal liabilities. There are currently 7 turf facilities in the City

In making the determination on both winter and summer season use the clubs will receive a ‘first right to use’ the grounds as per days and times provided and approved by Council under a seasonal hire agreement governed by Council’s terms and conditions of sportsground hire. Council Officers will continue to manage requests to use the fields by schools, events, competitions and other activities.

With regard to the unsuccessful applications, it is proposed that a longer term strategic approach is taken to accommodating these needs while, in the short term, Officers continue to work with the committees or the associations of these sports to best meet their objectives.

In the longer term, Council is developing a Sports, Recreation, Play and Open Space Strategy which will further inform the demand for sportsgrounds and associated facilities, and enable future allocation of these facilities for use by sports groups. The Recreation Working Party will be consulted through the process of future facility planning and provision, development of the Sport, Recreation, Play and Open Space Strategy and, future allocations of sportsgrounds.

RECOMMENDATION

That:

1. The information contained in the report on Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs be received

2. Allocation for use of the Village Oval and Northern Road Oval be as follows:

Venue / Season	Recommend Hirer	Days of the week
Village Oval
Summer	Penrith Junior Cricket Association	Friday, Saturday and Sunday
	Nepean Oztag Association	Mondays and Wednesday
	Nepean Football Association - Jordan Springs Football Club	Tuesday and Thursday
Winter	Nepean Football Association - Jordan Springs Football Club	Tuesday to Sunday
Northern Road Oval
Summer	Penrith City RSL Junior Rugby Union Club	Tuesday to Thursday for junior programs
Winter	Nepean Football Association - Penrith Dragons	Tuesday, Wednesday, Thursday & Saturday

3. Penrith District Netball Association be allocated use of the netball court at

The Village Oval, Jordan Springs.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

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 2016-2017 Annual Statements are presented
∞	Meeting at which any comments on the 2016-2017 Annual Statements are presented
+	Meeting at which the Annual Report is presented

Title References	Lot 10 DP802822 – Classified as Operation land
Licensee:	Roads and Maritime Services ABN: 76236371088 Director: Ken Kanofski
Description of Land	1042 The Northern Road Llandilo
Use of Premises	Temporary site compound and stockpile area
Licence Term	Twelve months or until project works are complete
Licence Commencement Date	1 April 2017
Licence Termination Date	31 March 2018 or until project works are complete and the restoration works are completed to Council’s satisfaction
Rent	Nil The proposed project is considered to provide a community benefit and an important piece of infrastructure for the region by improving road safety for residents.
*Special Conditions*	· Maintain the area within and adjoining the compound site and ensure the area is kept clean for the term of the Licence Agreement · Maintain $20 million public liability insurance that names Penrith City Council as an interested party for the licence period. A copy to be provided to Council · If the works exceed the proposed twelve-month timeframe, the Licensee is required to notify Council’s Property Development Department in writing and provide regular updates as to an expected completion date. If the Lessee fails to inform Council, Council has the right to terminate the Licence Agreement immediately · Remove compound and restore and remediate the land and surrounding infrastructure to its original condition at the end of the Licence period · Operation of the site compound in accordance with the plans approved by Council’s Environmental and City Development and City Assets Divisions, and any conditions placed on the operation as recommended by the Departments · Permitted hours of operation: Monday to Friday = 7:00 to 18:00 and Saturday = 08:00 to 13:00. 50-60 night shifts for civil works = 18:00 to 5:00. Alteration to these hours requires approval and appropriate resident notification · Provide notification to affected residents and communication as required

1. ⇩	Aerial - 1042 The Northern Road Llandilo	1 Page	Appendix
2. ⇩	Proposed intersection upgrade of The Northern Road and Andromeda Drive Cranebrook	1 Page	Appendix
3. ⇩	The Northern Road and Andromeda Drive Cranebrook project plan	1 Page	Appendix

	2012 Election	2016 Election
Penrith	8,749	12,607
St Marys	3,101	5,274
Total	11,850	17,881

Details	2008 Election	2012 Election	2016 Election
Number on Roll	39,115	41,530	45,076*
Number who Voted	33,829	34,745	34,902
% of Voter Turnout	86.48%	83.66%	77.43%
Number of Formal Votes	31,327	30,334	32,597
Informal	2,502	4,411	2,305
% of Informal Votes	7.39%	12.69%	6.60%
Quota	5,222	5,056	5,437

Outcome	We can work close to home
Strategy	Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors
Service Activity	Market the City through campaigns that build on its strengths and identity

1. ⇩	Penrith City Council's communications and advocacy strategy - 'Western Sydney Airport - Maximising Benefits, Minimising Impacts'	24 Pages	Attachments Included
2. ⇩	Federal Government's Consultation and Engagement Activities	2 Pages	Attachments Included

Outcome	We can get around the City
Strategy	Improve the City's footpaths and shared pathway network
Service Activity	Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

Outcome	We have safe, vibrant places
Strategy	Grow and revitalise our centres and neighbourhoods
Service Activity	Manage the development of master plans and designs for Council's assets and public domain

Outcome	We have confidence in our Council
Strategy	Demonstrate transparency and ethical behaviour
Service Activity	Manage Council's property portfolio

1. ⇩	2017 NGA Draft Program	16 Pages	Attachments Included
2. ⇩	2017 National General Assembly - Discussion Paper	10 Pages	Attachments Included