Council_Mark_POS_RGB

17 May 2017

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 22 May 2017 at 7:30PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 1 May 2017.

 

4.           DECLARATIONS OF INTEREST

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

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

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

Policy of not having Kikuyu grass in rural areas.

Centre Line Marking on Ninth Avenue .

Provision of road base - The Northern Road.

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 12 April 2017.

Local Traffic Committee Meeting - 1 May 2017.

Policy Review Committee Meeting - 8 May 2017.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 22 May 2017

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

Assistant General Manager Craig Butler


Executive Manager - Community Vicki O’Kelly

General Manager
Alan Stoneham

His Worship the Mayor Councillor John Thain



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Joshua Hoole

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GalleryNorth Ward

 

 

Clr Ross Fowler OAM

South Ward

 

 

Clr Kevin Crameri OAM

North Ward

Clr Karen McKeown

South Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Ben Price

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Executive Managers


 


Oath of Office

 

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Affirmation of Office

 

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016 and Amended April 2017)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

6

 

 

1v

 

 

 

 

4

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

(7.00pm)

23

27#+

 

Policy Review Committee

7.00pm

 

13

13

 

8

 

10

14

11

9

 

11

 

 

 

 

 

 

 

 

 

 

13

 

 

 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

-            Extraordinary Meetings are held as required.

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

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs.

 



UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 1 MAY 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 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 - 10 April 2017

85  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen that the minutes of the Ordinary Meeting of 10 April 2017 be confirmed with the amendment to the Declarations of Interest now reading:

 

          “Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Significant   in Item 8 – Status on the Recovery of Council’s Legal Costs from Penrith Actions Group Inc. as his wife is the Secretary of Protect Penrith and stated that he would         vacate the meeting during consideration of this item.”

 

DECLARATIONS OF INTEREST

Councillor Aaron Duke declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Council membership of the Western Sydney Regional organisation of Councils (WSROC) as he is the director and treasurer.


 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Council membership of the Western Sydney Regional Organisation of Councils (WSROC)                                                                                                                            

A MOTION was MOVED by Councillor Jim Aitken OAM seconded Councillor Marcus Cornish

          That:

1.    The information contained in the report on Council membership of the Western Sydney Regional Organisation of Councils (WSROC) be received.

2.    Council confirm its support for the Western Sydney Regional Organisation of Councils proposal to:

a.   reorganise into Regional Advocacy and Leadership and Commercial Enterprise entities,

b.   improve communication procedures with member councils, and

c.   increase collaboration with the Macarthur Regional Organisation of Councils.

3.    Council continue its membership of the Western Sydney Regional Organisation of Councils for the 2017/18 period.

                   4.    A further report be presented to Council in 6 months’ time that provides          information on the implementation and performance of WSROC’s proposed restructure.


86 An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Council membership of the Western Sydney Regional Organisation of Councils (WSROC) be received.

2.    Council advise WSROC that in view of the impending alliance evolving through City Deals, that Council advise it will discontinue its membership beyond 17/18 financial year. 

3.     WSROC be advised at this stage, given the emerging City Deals alliance, that it is not in a position to endorse WSROC’s proposed structure.

The AMENDMENT was PUT.

Councillor Kevin Crameri OAM called for a DIVISION.

For

Against

Councillor Kath Presdee

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Marcus Cornish

Councillor John Thain

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

Councillor Joshua Hoole

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Ben  Price

 

 

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

 

Outcome 3 - We can get around the City

 

2        Proposal for Temporary Parking Agreement with Penrith Paceway                          

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

That:

1.    The information contained in the report on Proposal for Temporary Parking Agreement with Penrith Paceway, be received.

2.    Council provide in principal support to the proposal and authorise the General Manager to finalise the terms and conditions of the short term lease with Penrith Harness Racing Club.

3.    A further report be brought to Council for consideration on the proposed terms and conditions of the short term lease. 

 

Outcome 7 - We have confidence in our Council

 

3        Exhibition of the revised Community Plan, draft Delivery Program 2017-21 and draft 2017-18 Operational Plan (including 2017-18 Fees & Charges).                                  

88  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Exhibition of the revised Community Plan, draft Delivery Program 2017-21 and draft 2017-18 Operational Plan (including 2017-18 Fees & Charges). be received

2.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Revised Community Plan, Draft Delivery Program 2017-21 (incorporating the Operational Plan for 2017-18 and draft Fees and Charges 2017-18) be placed on public exhibition for 28 days commencing on Wednesday 10 May 2017 and closing on Wednesday 7 June 2017.

3.    The public exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

 


 

4        Summary of Investments & Banking for the period 1 March 2017 to 31 March 2017                                                                                                                                             

89  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

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

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

3.    The graphical investment analysis as at 31 March 2017 be noted.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Lincoln Lane Park     

Councillor Aaron Duke requested a memo reply to all Councillors on the works that have taken place at Lincoln Lane Park.

 

RR 2           Sky Peak - St Marys  

Councillor Aaron Duke requested that Council write to Sky Peak St Marys in support of more signage.

 

RR 3           Launch of Western Sydney Colonial Heritage App       

Councillor Joshua Hoole congratulated the launch of the Heritage App that launched last Thursday 27 April.

 

RR 4           Fire Emergency Services Levy   

Councillor Karen McKeown requested a memo reply to all Councillors on the dollar value of the FESL the 11.7% that council will be paying to OSR on behalf of Penrith ratepayers.

 

RR 5           Councillor Portal       

Councillor Kevin Crameri OAM requested that there needs to be a modification to the Councillor requests on the portal or further training.

 

RR 6           Ninth Avenue Centre Line Marking     

Councillor Kevin Crameri OAM asked why his request about traffic monitors and counting on Ninth Avenue for data to support centre line marking was not a Notice of Motion.

 

RR 7           Road base on Northern Road     

Councillor Kevin Crameri OAM requested that road base be provided at the entrance or exit of the layby on the Northern Road so that trucks can still pull off the road and safely check loads and have their necessary breaks and council ensure with RMS that in the upgrade of the Northern Road that this is incorporated in the design. Councillor Crameri also requested photos be taken and included in the memo of what has been done. 

Councillor Crameri requested the copy of letter that was sent to RMS with respect to future design works be provided and also to be notified if this matter was discussed at the Local Traffic Committee.

 

RR 8           Kikuyu grass in rural areas

Councillor Kevin Crameri OAM asked why his request about the policy of not having Kikuyu grass in rural areas was not a Notice of Motion.

 

RR 9           Waste Services Contract   

Councillor Todd Carney requested that the Domestic Waste Working Party not negotiate with any waste to energy facilities in urban or residential areas and that this matter be listed on the next working party agenda.

 

UB 1           Smell issue in Erskine Park, St Clair and Colyton         

Councillor Todd Carney requested that Council write a letter to the Minister of Environment to ask for stronger powers to be given to the EPA to investigate breaches and increase penalties for those who have found to have breached the Act. The letter to also ask that the Minister give powers to the EPA to shut down facilities who continually breach the Act until issues are rectified satisfactorily.

90 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee that the matter be brought forward and dealt 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.

91 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee, that Council write a letter to the Minister of Environment to ask for stronger powers to be given to the EPA to investigate breaches and increase penalties for those who have found to have breached the Act. The letter to also ask that the Minister give powers to the EPA to shut down facilities who continually breach the Act until issues are rectified satisfactorily.

 

RR 10         Development Application Coles Liquor Store Star Court      

Councillor Greg Davies requested the Development Application for the proposed Coles liquor store be brought to Council to be considered.

 

RR 11         LED Lights in reserve facility buildings       

Councillor Greg Davies requested a report on what reserve facility building’s require LED lights.

 

RR 12         Fernhill Estate  

Councillor Bernard Bratusa requested a briefing regarding Fernhill Estate in light of media report of Rockwood General Cemeteries Reserve Trust entering into due diligence process with current owners and the number of cemeteries Penrith currently have.

 

 

 

 

RR 13         North South Rail Link

Councillor Bernard Bratusa requested a briefing in light of the announcement by the Oppositions Leader (Federal) of $400 million in funding for a North-South Rail Link.

 

RR 14         Council Advertising Contract     

Councillor Bernard Bratusa requested a memo reply to all Councillors on legislative requirements regarding Council’s advertising and the remaining period for the existing advertising contract.

 

RR 15         River Road Pathway  

Councillor Marcus Cornish requested a memo reply to all Councillors regarding vehicles on the lower pathway on River Road and the lack of bollards and dogs off leash, the memo should include if this area is patrolled on weekends.

 

Committee of the Whole

 

92 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being   

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Greg Davies 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        Assignment of lease - Glenmore Park Child & Family Precinct - 31 Blue Hills Drive Glenmore Park                                                                                                                   

 

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        Creation of Drainage Easement over Council land known as Lot 1 DP 1045500 for the benefit of Fernhill School Glenmore Park                                                                      

 

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

 

 

 

 

 

 

4        Council Land - 1042 The Northern Road Llandilo                                                         

 

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.

 

 

Outcome 4

 

5        Licence of Lot 754 DP1180111 - Caddens Road, Caddens to LegPro 54B Pty Ltd.  

 

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

 

 

The meeting resumed at 8:51pm and the General Manager reported that the Committee of the Whole met at 7:40pm on 1 May 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, Marcus Cornish, 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        Assignment of lease - Glenmore Park Child & Family Precinct - 31 Blue Hills Drive Glenmore Park                                                                                                                   

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

CW2 That:

1.    The information contained in the report on Assignment of lease - Glenmore Park Child & Family Precinct - 31 Blue Hills Drive Glenmore Park  be received

2.    Council approve the proposed lease assignment as per the terms and conditions listed in the report.

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

 


 

3        Creation of Drainage Easement over Council land known as Lot 1 DP 1045500 for the benefit of Fernhill School Glenmore Park                                                               

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

CW3 That:

1.    The information contained in the report on Creation of Drainage Easement over Council land known as Lot 1 DP 1045500 for the benefit of Fernhill School Glenmore Park be received.

2.    Council grant a Drainage Easement over Lot 1 DP1045500 in accordance with the terms and conditions listed in this report.

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

 

5        Licence of Lot 754 DP1180111 - Caddens Road, Caddens to LegPro 54B Pty Ltd.  

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

CW5 That:

1.    The information contained in the report on Licence of Lot 754 DP1180111 - Caddens Road, Caddens to LegPro 54B Pty Ltd. be received

2.    Council grant a twelve-month Licence Agreement in accordance with 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 Land - 1042 The Northern Road Llandilo                                                         

96  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

CW4 That:

1.    The information contained in the report on Council Land - 1042 The Northern Road Llandilo be received.

2.    A memo to all Councillors on the history of this site in particular report on contamination. 

 

ADOPTION OF Committee of the Whole


97 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kath Presdee that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

 There being no further business the Chairperson declared the meeting closed the time being 8:55pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·  Their name;

 

·  Organisation or group they are representing (if applicable);

 

·  Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·  Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·      The interest of the speaker (e.g. affected person, neighbour, applicant,       applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Notices of Motion

 

Item                                                                                                                                                Page

 

1        Policy of not having Kikuyu grass in rural areas                                                                1

 

2        Centre line marking on Ninth Avenue                                                                                2

 

3        Provision of road base - The Northern Road                                                                     3

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

Notice of Motion

1          Policy of not having Kikuyu grass in rural areas            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That Council reinstate the Policy of not having kikuyu grass in rural and sensitive areas.

 

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

Notice of Motion

2          Centre line marking on Ninth Avenue              

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That council provide traffic monitors and counting on Ninth Avenue for data to support centre line marking and that the cost of the line marking and the cost of the monitoring be communicated to councillors.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

Notice of Motion

3          Provision of road base - The Northern Road            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

1.   That Council provide road base at the entrance or exit of the layby on The Northern Road, so that trucks can still pull off the road and safely check loads and have their necessary breaks.

 

2.   Council ensure with the RMS that in future upgrades of The Northern Road that this is incorporated in the design.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of Access Committee Meeting held on 12 April 2017     1

 

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

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 8 May 2017.                                                                                                                                 12

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 12 April, 2017

 

 

 

PRESENT

Deputy Mayor, Councillor Tricia Hitchen (Chair), David Currie, Farah Madon, Carole Grayson, Allan Windley, Anthony Mulholland, Councillor Todd Carney (5.10pm).

 

IN ATTENDANCE

 

Joe Ibbitson – Community Programs Coordinator, Graham Howe – Acting City Assets Manager, Adam Worthington – GIS Administrator, Clare Aslanis – Senior Environmental Planner, Craig Squires – Acting Coordinator Certification and Fire Safety, Tracy Leahy – Acting Community and Cultural Development Manager.

 

APOLOGIES

Apologies were accepted from Claire Galvin, Erich Weller, Dianne Brookes and Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 8 February 2017

The minutes of the Access Committee Meeting of 8 February 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee

DA17/0141      Fitout and use of existing buildings for Independent Primary and Secondary School – 57 Henry Street, Penrith

Councillor Carney arrived at the meeting at 5.10pm.

 

Clare Aslanis introduced the development application which is to fitout existing buildings for use as a primary and secondary school.  The site was previously used as a school by the Department of Education and Training until 1987.  The proposal estimates there will be 300 students and 40 staff for the school Kindergarten to Year 12.  The estimated completion date is 2021.

 

A new access driveway will be constructed from Henry Street as well as drop off areas.  There will be carparking to the west and north of the buildings.

 

Some internal alterations will be made to ensure door widths and clearances to all classrooms and staffrooms.

 

There is a proposed accessible toilet – this should be relocated so it is adjacent to the existing facilities.

 

There is a proposal to install a lift and a series of ramps will be provided throughout the site.

 

The former Penrith Infants School built in 1884 is a heritage listed building.

 

Clare Aslanis explained the plans for the proposed school and described each building.

 

The Committee discussed the following issues:

 

·    The percentage of changes within the proposal.

·    Access ramps to the buildings.

·    Door widths.

·    The inadequacy of the access report provided.

·    Steps at classroom doors.

·    There is no off-set on the landings of the stairways.

·    Location of accessible toilet for children.

·    Provision of accessible toilet for staff.

·    Provision of hoist in the accessible toilet.

·    Width of the passageways and circulation spaces.

·    Possible safety problems with the pick-up and drop-off of children.

·    Only one lift being provided in the proposed development.

·    Concern with an emergency point being close to a busy road.

 

Clare Aslanis advised that there will be a four lane driveway entering the school and parking area either side.  There is a roundabout to drive around to leave the site.  The school is proposing a minibus service to collect children so there are fewer cars entering the site.

 

Anthony Mulholland expressed concern with the safety of parking and suggested that people park on the way out of site to make it safer.

 

Councillor Carney enquired about the left-hand drop off, the kerb and guttering, accessibility for people dropped from a vehicle and accessible pathways.

 

Clare Aslanis advised that the proposal would be brought to the Traffic Committee and the Police would also comment.

 

Clare Aslanis left the meeting at 5.40pm.

         

RECOMMENDED

That:

 

1.       The information contained in the report on Development Applications Referred to the Access Committee be received.

2.       This development application be brought back to the Access Committee before finalisation is made as the Committee is deeply dissatisfied with the compliance of the proposed development.

 

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

 

2        Disability Inclusion Action Planning 2017-21

 

Joe Ibbitson introduced the report on Disability Inclusion Action Planning (DIAP) 2017-2021.  Joe Ibbitson explained the background to the DIAP and changes to the Disability Services Act, which is now the Disability Inclusion Act 2014, as well as the requirement for all government authorities to undertake Disability Inclusion Action Planning by July 2017. The NSW DIAP Guidelines for Local Government have been used to form Council’s process to undertake DIAP.  The Penrith process commenced early last year.  The old Penrith Inclusion Plan contained over 80 actions but the more integrated approach to the DIAP is linked to Council’s mainstream strategic planning process.  The actions and strategies of the DIAP will be contained in Council’s 2017-21 Delivery Program rather than a separate plan.

 

The first six months of last year consultations were held with 120 people with disability, their carers and families.  Following the consultations internal workshops and discussions were held with staff from Council departments.

 

The Draft Delivery Program 2017-21 will be on exhibition from 10 May 2017 and people are able to make submission.

 

Joe Ibbitson explained the table at the end of the report which contains the priorities and actions in the delivery program.  There are four focus areas – Attitudes and behaviours, Liveable communities, Systems and processes and Employment.  Joe Ibbitson advised that work will be undertaken with Council departments to make sure that all the priorities identified through the consultations will be part of the program that is implemented over the next four years.

 

Joe Ibbitson advised that local businesses will be encouraged to employ more people with disabilities and Council will also look into employing more people with a disability.  Also pedestrian access across the city will be improved and Council staff will look at the plan and review in light of the priorities identified through this process.       

RECOMMENDED

That the information contained in the report on Disability Inclusion Action Planning 2017-21 be received.

 

Outcome 7 - We have confidence in our Council

 

3        Online Access Maps

Joe Ibbitson gave a background to the report and advised that the idea is to have online Access Maps which are easier for people to use on their devices.

 

Adam Worthington from Council’s GIS/Mapping Section described the mapping system.

 

Access Committee members were given the link on Council’s website – go to Community and Library\Accessible Penrith\ Access Maps\Penrith Interactive Map https://www.penrithcity.nsw.gov.au/accessibility-services-map-penrith/

 

This interactive map will be trialled for the next three months.  People can respond with feedback after the trial period of the map.

 

Councillor Carney requested that the link to the online access map be placed on the front page of Council’s website when it goes live.

 

Allan Windley asked if the online maps had been tested with a screen reader.  Joe Ibbitson advised that stage two of the development of the map is how it can be made accessible for people with a vision impairment.

 

Farah Madon pointed out that a person needs to have good dexterity with a phone to be able to use the map as two fingers are needed.

It was suggested to link into the national public toilet map as well as click onto the City of Sydney map for information.

 

Joe Ibbitson advised that after the three month trial period the interactive map would be reassessed.  Internal mechanisms will have to be arranged for updating of the map.

 

Councillor Carney enquired if there was a way to bring up only one item, e.g. all accessible toilets stay up, especially when it is used on a phone.  Adam Worthington replied he would take it back to the web developer for further advice. 

RECOMMENDED

That:

 

1.       The information contained in the report on Online Access Maps be received.

2.       The interactive access map be placed on the front page of the Council website during the trial period.

 

GENERAL BUSINESS

 

GB 1           Accessible Public Transport               

Joe Ibbitson advised of the Consultation Draft of The Whole of Journey: A guide for thinking beyond compliance to create accessible public transport journeys which has been released for comment by the Department of Infrastructure and Regional Development.  Submissions on the Guide Consultation Draft should be lodged by 31 May 2017.  Joe Ibbitson undertook to email out the web link to members of the Access Committee.

 

GB 2           Voices in the Valley            

Joe Ibbitson advised of the Voices in the Valley which is presented by the Australian Dysphonia Network at Panthers Evan Theatre on 21 April 2017 at 7.30pm.  Council has supported this annual event the past few years.

 

GB 3           Employment     

Joe Ibbitson spoke about the difficulty of people with disability finding employment and the reason it is one of the four focus areas of the Disability Inclusion Action Plan.  The internal Council processes and employment will be considered to see how we can encourage more opportunities for people with a disability to apply for positions in Council.  Secondly, the local business community will be encouraged to employ more people with disability.  An application has been submitted under the National Insurance Scheme Information Linkages and Capacity Building Project funding program to hold breakfast forums and other activities regarding employment of people with disability.

 

GB 4           Accredited Access Consultants          

Farah Madon requested to promote a higher level of accessibility, the Access Committee ask Penrith City Council's Development Services Department to consider accepting Access reports only prepared by ACAA Accredited Access Consultants for all major projects such as schools, hotels, motels, hospitals, aged care facilities, large commercial developments etc. (class 3 – class 9 development applications).

 

GB 5           NSW Disability Inclusion Access Awards 2017              

Farah Madon advised that The Association of Consultants for Access in Australia in partnership with the NSW Department of Family and Community Services (FACS) will host the inaugural Disability Inclusion Access Awards which aim to recognise achievements in enabling people with disabilities to fully participate in community life through the creation of an accessible built environment. The Awards will be presented at the University of NSW on 21 June 2017.

 

GB 6           Accessible and Wheelchair Seating at the Joan Sutherland Performing Arts Centre                

Councillor Tricia Hitchen advised she had requested that Council look at the seating in the Joan Sutherland Performing Arts Centre.  Councillor Hitchen had booked to see a show and thought her family would all be sitting together only to find that an aisle was separating them.  It was felt that in this day and age people in wheelchairs should not be left on their own.

 

David Currie also advised that in the Q Theatre people in wheelchairs cannot sit in the middle but have to sit at the side.

 

Graham Howe advised that possible options for a solution to the seating problem of families with people in wheelchairs may have been found.

 

GB 7           Street Lighting           

Anthony Mulholland enquired about the lack of street lights and lights that are turned off really early and asked how this could be rectified.  Joe Ibbitson advised that this issue would be passed on to Graham Howe.

 

Graham Howe asked for the particular locations of the lights to be provided to him so that they can be investigated.  There are also different light levels around the city because of different classifications on roads and different requirements and codes.

 

RR 8           Timed Traffic Lights           

Anthony Mulholland enquired about timed traffic lights as it makes it easier for people to cross the road.

 

Councillor Hitchen advised the RMS only install these lights at the large intersections.

 

Craig Squires advised that these lights could be trialled in the city and if successful may be rolled out. 

 

Joe Ibbitson asked that Graham Howe get back to the Access Committee regarding the trial and advise of any particular locations where the timed lights would be placed.

 

There being no further business the Chairperson declared the meeting closed the time being 6:30pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 April, 2017 be adopted.

 

 


Ordinary Meeting                                                                                                    22 May 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 May, 2017

 

 

 

PRESENT

Deputy Mayor, Councillor Tricia Hitchen, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC.

IN ATTENDANCE

Councillor Marcus Cornish, David Lance – Roads and Maritime Services, Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Kevin King – Trainee Engineer, Bernie Meier – Signs and Linemarking Officer, Steve Purvis - Senior Ranger. 

 

APOLOGIES

Councillor Karen McKeown (Council Representative), Councillor Aaron Duke (Representative for the Member for Londonderry), Stephen Page – St Marys Police LAC, Nick Veljanovski – Transit Systems NSW, David Drozd – Traffic Engineering Coordinator, Catherine Waerner – Road Safety Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 April 2017

The minutes of the Local Traffic Committee Meeting of 3 April 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Oxford Street, Cambridge Park - Proposed Changes to Signage                               

RECOMMENDED

That:

1.    The information contained in the report on Oxford Street, Cambridge Park - Proposed Changes to Signage be received.

2.    The Bus Zone near 54 Oxford Street be made permanent, with no time restrictions and that the Bus Zone be moved 6 metres east and increased to 21 metres, as shown on Appendices 1 and 2. 

3.    The ‘No Stopping’ zone between the Bus Zone at 54 Oxford Street and the pedestrian crossing be increased from 19 metres to 25 metres as shown on Appendices 1 and 2.

4.    The Bus Zone on Oxford Street on the frontage of Cambridge Park Public School be reduced to 30 metres as shown in Appendices 1 and 2. 

5.    The ‘No Parking 8.00am – 9.30am 2.30pm-4.00pm school days’ zone on the school frontage be changed to ‘No Parking 8.00am – 9.30am school days’ and increased from 9 metres to 27 metres in length as shown in Appendices 1 and 2.

6.    Busways, Cambridge Park Public School and affected residents be informed, and the response to Council’s Neighbourhood Action Plan be reported.

 

2        Victoria Street, Werrington - Endorsement of Signage and Line Marking Plan        

David Lance of Roads and Maritime Services (RMS) advised the Committee of concerns for drivers on approach to the existing median island located on William Street, Werrington near the intersection with Cottage Street.

Adam Wilkinson, Engineering Services Manager advised that Council will investigate options to adjust the median island to provide an additional painted chevron at the southern end, to better guide drivers around the median island who are approaching from the south on William Street.

RECOMMENDED

That:

1.    The information contained in the report on Victoria Street, Werrington - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by Cardno for Werrington Subdivision Works, 229 Victoria Street, Werrington (Drawing No. 80216067-CI-1701 and Drawing No. 80216067-CI-1702) be endorsed for construction (as shown in Appendix 1).

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

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

5.    Cardno be advised of Council’s resolution.

 

3        Union Road Eastern Car Park, Penrith - Timed Parking Changes                              

Councillor Marcus Cornish opposed the proposed reduction in timed parking restrictions from 3P to 2P in the Union Road Eastern Car Park and believes it is not consistent with the CBD parking. 

RECOMMENDED

That:

1.    The information contained in the report on Union Road Eastern Car Park, Penrith - Timed Parking Changes be received.

2.    Public and stakeholder consultation be undertaken for proposed parking changes within the Union Road eastern Car Park, in Penrith with the timed parking restrictions reduced from three-hour to two-hour parking as shown in Appendix 1.

3.    A further report be submitted to the Local Traffic Committee detailing the results of the public and stakeholder consultation process.

 

4        York Road, South Penrith - Proposed Traffic Calming Facilities                                

RECOMMENDED

That:

1.    The information contained in the report on York Road, South Penrith - Proposed Traffic Calming Facilities be received.

2.    A project for a series of traffic calming facilities in York Road, South Penrith, such as angled slow points, at locations to be determined through further investigation, be entered into Council’s Traffic Facilities Prioritisation Program.

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

4.    The resident, as the lead signatory on the petition, be advised of Council’s resolution.

 

5        Lockwood Road, Erskine Park - Proposed "No Stopping" Zones                              

RECOMMENDED

That:

1.    The information contained in the report on Lockwood Road, Erskine Park - Proposed "No Stopping" Zones be received.

2.    Consultation be undertaken with the management of TNT, Rondo Building Services and Staples Australia and, subject to no significant objection, 100m of “No Stopping” zone be implemented along the northern side of Lockwood Road fronting the driveways to TNT and Rondo Building Services and 40m of “No Stopping” zone be implemented along the southern side of Lockwood Road fronting the Staples Australia customer / staff car park driveway as shown on Appendix 1.

3.    The management of Staples Australia, the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, Councillor Kevin Crameri OAM, Councillor Karen McKeown and Councillor Bernard Bratusa be advised of Council’s resolutions.

 

6        Allen Place, Penrith -  Additional Parking Spaces and Adjustment of Timed Parking                                                                                                                                             

Councillor Marcus Cornish advised the Committee that he opposes the proposed reduction in timed parking restrictions from 2P to 1P in Allen Place Car Park.  Councillor Cornish believes that the proposed changes to timed parking will not benefit shoppers and will only increase revenue.

RECOMMENDED

That:

1.    The information contained in the report on Allen Place, Penrith -  Additional Parking Spaces and Adjustment of Timed Parking be received.


2.    The extension Allen Place car park be line marked and signposted to provide 23 additional “2 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat” zone car parking spaces as shown on Appendix 1 and 2.

3.    The existing 50 “2 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat” zone car parking spaces in Allen Place Car park near Woodriff Street be adjusted to “1 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat” zone car parking as shown on Appendix 1.

4.     Public and stakeholder consultation be undertaken for proposed parking changes to the existing 50 “2 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat” zone car parking spaces in Allen Place Car Park, near Woodriff Street, in being adjusted to “1 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat”.

5.     Subject to no substantial objections being received, the proposed reduction in timed parking to the 50 “2 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat” zone car parking spaces in Allen Place Car Park, near Woodriff Street, be adjusted to “1 Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 4:30pm Sat”.

 

7        Union Road and Union Lane, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zones                                                                           

Steve Purvis – Senior Ranger and David Lance of Roads and Maritime Services advised of their concerns in relation to the difficulty around enforcement of the proposed “No Parking - Waste and Removalist Vehicles Excepted” zone signage.

Adam Wilkinson, Engineering Services Manager advised that the Council will trial and closely monitor the proposed “No Parking - Waste and Removalist Vehicles Excepted” zone signage and any feedback regarding the misuse of this zone will be brought back to the Committee for consideration.

RECOMMENDED

That:

1.    The information contained in the report on Union Road and Union Lane, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zones  be received.

2.    No Parking – Waste and Removalist Vehicles Excepted” signage (R5-455 or R5-447 modified) be installed in Union Road and Union Lane, each 12.5m length, on the western side of both driveways associated with the development at 83-85 Union Road, Penrith, Penrith.

3.    The applicant of the development be advised of Council’s decision.

4.    Council’s Waste Services Section and Rangers be advised of Council’s decision.

 

8        Cameo Crescent and Jade Place, St Clair - Proposed Signage and Linemarking    

RECOMMENDED

That:

1.    The information contained in the report on Cameo Crescent and Jade Place, St Clair - Proposed Signage and Linemarking be received.

2.    A ‘No Stopping’ zone of 20 metres be installed on the southern side of Cameo Crescent and Jade Place, St Clair, as shown on Appendix 1.

3.    A 22 metre ‘No Stopping’ zone be installed on the northern side of Jade Place at the intersection with Cameo Crescent, as shown on Appendix 1.

4.    A ‘Give Way’ sign and holding line be installed on Jade Place at the intersection with Cameo Crescent, as shown on Appendix 1.

5.    Council’s Parking Rangers, affected residents and the resident who contacted Council be informed.

 

9        Wedmore Road, Emu Heights - Proposed Children's Crossing at Existing Pedestrian Crossing                                                                                                         

Graham Green, Senior Traffic Engineer advised the Committee that the extension of the double barrier lines from the holding line, up to the pedestrian crossing is in line with the Roads and Maritime Services and Austroads Guidelines.

RECOMMENDED

That:

1.    The information contained in the report on Wedmore Road, Emu Heights - Proposed Children's Crossing at Existing Pedestrian Crossing be received.

2.    Poles for children’s crossing flags be installed at the existing pedestrian crossing on Wedmore Road, Emu Heights, to change this facility into a combined pedestrian crossing and children’s crossing, subject to the School Principal’s agreement that the school install and remove the flags at appropriate school zone times, as shown on Appendix 1.

3.    Double barrier centrelines be installed between the holding lines and the crossing as shown in Appendix 1.

4.    Emu Heights Public School, parents who contacted Council, and the affected resident be informed.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL

 

GENERAL BUSINESS

 

GB 1           Penrith LGA - Bus Route Diversions            

Steve Grady of Busways advised the Committee that the 778 bus route diversion from Braeburn Street onto Cadda Ridge, Caddens as part of the Caddens Road Closure will commence on Monday 15 May 2017.

Steve Grady also advised that on 23 May 2017, the temporary bus interchange will take place at Belmore Street, Penrith and on 28 May 2017, the new Jordan Springs 783 bus route will commence.

RECOMMENDED

          That the Committee note the information.




GB 2           Lenore Drive, Erskine Park - Parked Vehicles and Dirt Bikes

Matthew Shirvington of Penrith Police LAC advised the Committee of concerns about vehicles parking at the chevron access point to the vacant land, located on the northern side of Lenore Drive, Erskine Park and to the east of Ropes Creek. Matthew Shirvington also advised that he has reported instances where the fence near the entryway has been damaged and removed, in order for trespassers to gain entry to the property with their dirt bikes.

Matthew Shrivington requested that an investigation be undertaken and the provision of parking restrictions at the entryway to the vacant property be considered in order to restrict vehicles from parking there.

Adam Wilkinson, Engineering Services Manager advised that the section of road where the subject vacant property is located on the northern side of Lenore Drive, Erksine Park is an RMS road within Blacktown City Council’s jurisdiction.

RECOMMENDED

          That Council write to Blacktown City Council and the RMS requesting that an        investigation be undertaken in regards to vehicles parking near the entryway to the      vacant property located on the northern side of Lenore Drive, Erskine Park and to the       east of Ropes Creek, and consideration be given to the provision of parking     restrictions at the entryway.

 

GB 3           Bringelly Road and Great Western Highway, Kingswood -    Intersection Safety Concerns        

Deputy Mayor, Councillor Tricia Hitchen advised the Committee of concerns about vehicles illegally turning right from the left lane, from Bringelly Road onto Great Western Highway, Kingswood. Deputy Mayor, Councillor Tricia Hitchen advised that this has become a common practice among drivers and requested that the matter be investigated to improve road safety at this intersection.

David Lance and Laura Van Putten of the Roads and Maritime Services advised that the RMS are investigating this intersection. 

RECOMMENDED

         That the Committee note the information. 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:25am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 May, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                                    22 May 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 8 May, 2017

 

 

 

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, Karen McKeown, Kath Presdee and Ben Price.

 

 

APOLOGIES

Apologies were received for Councillor Joshua Hoole.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 March 2017

The minutes of the Policy Review Committee Meeting of 13 March 2017 were confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

1        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                        

RECOMMENDED

That:

1.    The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.    Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.    A further report be presented to an ordinary meeting of Council at the conclusion of the exhibition period.

 

2        Draft Audit, Risk and Improvement Committee Charter                                               

RECOMMENDED

That:

1.    The information contained in the report on Draft Audit, Risk and Improvement Committee Charter be received.

2.    The Audit Committee be renamed the Audit, Risk and Improvement Committee.

3.    The Draft Audit, Risk and Improvement Committee Charter be adopted.

 REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Fire Safety Levy         

Councillor Kevin Crameri OAM requested that the report to Council on the Fire Safety Levy include commentary on the impact of the fire safety levy on rural properties compared to residential properties.

 

RR 2           Jane Street Car Park 

Councillor Kevin Crameri OAM requested a memo reply to all Councillors outlining the closures to the Jane Street Carpark.

 

There being no further business the Chairperson declared the meeting closed the time being 7:13pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 May, 2017 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo   Applicant: Paul Lemm Planning Consultant;  Owner: ~Coptic Orthodox Church (NSW) Property Trust

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

Outcome 3 - We can get around the City

 

2        Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option                          21

 

Outcome 4 - We have safe, vibrant places

 

3        Vegetation Management to reduce Fire Risk                                                                  43

 

4        Tender Reference 16/17-14, Triangle Park Upgrade                                                      46

 

 

Outcome 5 - We care about our environment

 

5        Successful Green Army Projects                                                                                     53

 

6        Appointment of Community and Professional Members to the Resilience Committee 55

 

7        College, Orth and Werrington Creeks Catchment Overland Flow Flood Study              58

 

8        Little Creek Catchment Overland Flow Flood Study                                                       66

 

 

Outcome 7 - We have confidence in our Council

 

9        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18                                                                                                                            77

 

10      Update on NSW Government Fire and Emergency Services Levy                                80

 

11      Organisational Performance and Financial Review - March 2017                                  87

 

12      Summary of investments & Banking for the period 1 April to 30 April 2017                   93

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo  Applicant: Paul Lemm Planning Consultant;  Owner: ~Coptic Orthodox Church (NSW) Property Trust

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

 

 

1

Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo  Applicant:  Paul Lemm Planning Consultant;  Owner:  Coptic Orthodox Church (NSW) Property Trust   

 

Compiled by:               Jane Hetherington, Environmental Planner

Authorised by:            Peter Wood, Development Services Manager 

Requested By:            Councillor Marcus Cornish

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Deliver timely assessment of development in accordance with statutory requirements

     

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

 

Executive Summary

Council is in receipt of a Development Application from Paul Lemm Planning Consultant seeking approval for the construction of a church hall including an indoor recreation area, provision for religious classes, clergy accommodation and associated car parking and landscaping works at 363 Ninth Avenue, Llandilo.

 

The Development Application (DA) was submitted as an integrated development application, as approval from the NSW Rural Fire Service (RFS) is required.

 

The subject site is zoned RU4 Primary Production Small lots under the provisions of Penrith Local Environmental Plan 2010. The proposal is a permissible land use within the zone subject to Council consent.

 

The development proposal was notified, advertised and placed on public exhibition from 13 January to 31 January 2017. No submission were received in response.

 

The proposal has been assessed against the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and is satisfactory. The proposed development is not likely to result in adverse impact on the surrounding locality. The site is suitable for the proposed development and the proposal is in the public interest.

 

It is recommended that the development application be approved subject to recommended conditions of consent.

Background

Development consent (DA01/1669) was granted on 2 November 2001 to use the property as a place of public worship. Approved works included the provision of a car parking area, erection of an amenities block and associated signage. This consent was time limited to a period of 12 months. A further development consent (DA05/1338) was granted on 20 January 2006 which approved the continued use of the premises as a place of public worship, on a permanent basis. 

 

Prior to the submission of the Development Application, a pre-lodgement meeting was held with the applicant and Council Officers and the following key considerations were raised:

 

-     Permissibility of the proposed hall uses;

-     Site constraints (i.e. overland flow, bushfire prone land); 

-     Buffer distances from adjoining properties; and 

-     On-site sewage management.  

 

Site and Surrounds

 

The subject site is located on the north-eastern corner of the intersection of Ninth Avenue and Terrybrook Road, Llandilo. The site has an area of 2.211 hectares and is rectangular with frontages to Ninth Avenue and Terrybrook Road of 113m and 174m respectively. It currently accommodates an existing church with a 60 seat capacity, a bitumen car park for 36 cars, a two storey brick residence, a number of metal sheds of varying sizes and an existing on site waste water management system. There are existing trees to the Ninth Avenue frontage and along the eastern and western boundaries. The immediate locality comprises rural residential properties, some rural land uses and the Xavier College to the south.  

 

Proposed Development

 

The proposed development includes the following works:

 

·    Demolition of a small metal shed;

 

·    Construction of a new church hall of approximately 1300m2 of floor space over two levels which includes the following:

 

Ground Floor

Seven rooms for Sunday school to cater for primary and secondary school aged children of the Church;

An indoor recreation facility or church hall for use by patrons attending the Place of Worship;

A small meeting room;

A 'rest room' for the clergy and visiting Bishops from overseas;

A food preparation area and kitchen; and 

Two entrances, toilets and a lift.

 

First Floor

A community facility to the users as a subsidiary to the main church;

Group discussions lounges / projection screens;

Youth church or bible study area;

A baby minding room for patrons only; and 

Toilet facilities.

 

·    Hours of use of the hall from 8am to 9pm Fridays, Saturday and Sundays, and it will be used during the main Christian events (e.g. Christmas and Easter).

 

·    43 additional car parking spaces.

 

The development Application has been accompanied by the following related documents:

·    Architectural Plans

·    Landscape Plan

·    Statement of Environmental Effects

·    Waste Management Plan

·    Traffic Impact Assessment

·    Acoustic Report

·    Phase 1 (Preliminary) Environmental Site Assessment

·    Bushfire Report

·    Accessibility Report

·    Flood Report

·    On-site Wastewater Management Report

 

Planning Assessment

 

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following considerations are addressed:-

 

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

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) aims to provide a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of SEPP 55 does not permit Council from consenting to a development unless it has considered whether the land is contaminated, and is satisfied that the land is suitable (or will be made suitable) for the purpose for which the development is proposed to be carried out.

A Phase 1 (Preliminary) Site Assessment (PSI) prepared by EnviroTech (dated: 19 October 2016, REF-3943-B) has been submitted in support of this application in accordance with the requirements of SEPP 55. It is noted that the site consistent with the proposed development is generally undisturbed, with no evidence of any known potentially contaminating activities historically occurring on the site. As a result, the provisions of SEPP 55 have been satisfied and the land is suitable for the proposed use having regard to the provisions of the SEPP.

 

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

 

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context. The key consideration is the potential of the proposed development on water quality, particularly in relation to the water cycle or flora and fauna. The drainage design includes measures to improve the quality of stormwater leaving the site by the inclusion of a bio retention swale. rainwater tank, on-site drainage basin and a series of stormwater pits throughout the site.

 

A water sensitive urban design strategy, accompanied the application which addresses water conservation, water quality, water quantity and operation and maintenance. Subject to recommended conditions relating to stormwater control, and sediment and erosion control during construction, the proposal will be consistent with SREP 20, particularly in relation to total catchment management and water quality in the surrounding area.

 

 

Penrith Local Environmental Plan 2010

 

The subject site is zoned RU4 Primary Production Small Lots under the provisions of Penrith Local Environmental Plan 2010. Within the RU4 zone a place of public worship is a permissible land use and is defined as follows:

Place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Recreational facilities (indoor), are prohibited development within the RU4 zone, however, the application proposes the place of public worship as the predominant use of the site. While the indoor recreational component if operated in isolation would be prohibited.  The predominant use as a Place of Worship includes social events within the above definition which includes the recreational component of the hall proposed.

 

The application has demonstrated that the church hall, including the indoor recreation facility and accommodation room, will be ancillary to the sites main function as a place of public worship. The application has specified that the church hall will be exclusively used by the congregation. While the indoor recreation component will provide for indoor recreational activities (such as basketball and volleyball) for patrons of the church, the area will be multi-purpose and will also be utilised as a meeting hall for religious events.

 

The accommodation room will be utilised by clergy and bishops visiting from overseas. The visiting representatives are most commonly expected to coincide with the key times of the year such as Christmas and Easter and will be vacant at all other times.

 

The proposed development does have component parts but they all serve the dominant use of the land, that being a Place of Worship. Of those component uses identified none are considered to be independent uses, as they are linked to on the church for their use. For these reasons, all of the component parts of the proposed development, as described are considered to be ‘ancillary uses’ to the dominant use as a Place of Worship and are therefore permissible in the zone with Council consent.    

The proposed development is consistent with the aims and objectives of both the LEP and RU4 zone, specifically:

 

·    To minimise conflict between land uses within this zone and land uses within adjoining zones.

·    To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.

·    To maintain the rural landscape character of the land.

·    To ensure that development does not unreasonable increase the demand for public services or facilities. 

 

The application has provided documentation, including an On-Site Wastewater Management Report and Flood Report, demonstrating that the site is capable of accommodating the scale and nature of the proposal. The site is large enough to provide adequate separation from the proposed development to the adjoining properties. The setbacks from Terrybrook Road and Ninth Avenue ensure that the rural character of the surrounding area is maintained by reducing the developments visual prominence.   

 

There are no specific development standards within the LEP which are applicable to the proposed development.

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

 

Penrith Development Control Plan 2014 (DCP 2014)

 

C13 – Infrastructure and Services

 

Council’s Onsite Sewage Management and Greywater Reuse Policy 2014 (OSMGR) states that each dwelling within a dual occupancy or secondary dwelling arrangement is to be serviced by its own OSSM system unless it can be demonstrated to the satisfaction of Council that the system and the site have the capacity to manage effluent effectively. The site is currently occupied by an existing church and a brick residence which are serviced by an aerated wastewater treatment system with a surface irrigation area of 2500m2 (as required by development consent DA01/1669).

 

This system does not have the capacity to manage the cumulative wastewater load generated through the proposed church hall. As such the applicant was advised that a separate sewage management system would be required to be installed to manage wastewater loads generated through the proposed church hall. In response, the applicant has confirmed that the existing residence on-site is currently vacant and is to be converted into an administration building. The application was accompanied by an On-site Wastewater Management Report prepared by EnviroTech which demonstrated that the existing system has capacity to service the church hall provided that the existing residence is converted to an administration building. A recommended condition of consent requires this to be undertaken. 

 

D5 – Other Land Uses

 

Places of Public Worship


The DCP specifies that where a place of public worship is to be located immediately adjacent to a property used primarily for residential purposes (including rural and living or seniors living) a buffer of a minimum 10m in rural or environmental zones or 5m in all other zones must be provided to the side and rear boundaries. The subject site is located in a rural zone (RU4) and as such a 10m setback is required. The proposed building is setback 15m from the northern boundary and 17.5m from the eastern boundary complying with the DCP requirements. The western and southern boundary front Terrybrook Road and Ninth Avenue respectively with the new building and carpark commensurate with existing setbacks. 

 

The DCP also specifies that a place of public worship with a capacity of more than 100 persons must be connected to all services (including power, reticulated sewer and reticulated water); be located on a road with sufficient capacity to accommodate likely traffic generation and demonstrate how sustainable modes of transport will be encouraged. These controls are not applicable to the subject application given that the existing congregation is only 70 persons and approval to increase this number is not being sought.

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

 

Context and Setting

 

The siting of the building respects adjoining properties. The building is situated with generous distances from both road frontages and as such has provided ample space between it and the public domain. The location of the building maintains the rural character of the area due to the large area of grassland and undeveloped land to the front of the site. It is designed with earthy materials, colours and a scale and roof form akin to a large rural shed moderated with glazing landscaping. As such, the proposal is compatible with the surrounding locality or the streetscape.

 

Access, Parking and Traffic

 

The application was accompanied by a Traffic Impact Assessment prepared by Transport Planning Associates. The site currently has 36 car parking spaces with an additional 23 overflow/informal car parking spaces. The proposed development includes increasing the parking to 79 formal spaces and 20 overflow/informal car parking spaces.

 

Parking surveys were undertaken over two days in October 2016 to establish the peak existing and projected parking demand. During the survey, the number of vehicles parked within the development site and on the street (along Terrybrook Road) and the transport modes used by the existing congregation were recorded. The surveys identified that on Sundays, the congregation of approximately 65, arrived in 49 vehicles and 1 mini bus. Based on this the average vehicle occupancy was therefore extrapolated to be 1.2 persons per vehicle (with 5 people transported by a church operated mini-bus service).

 

Given the existing car parking demand, it is estimated that as a worst case scenario, the church hall could increase car parking demand by about 20% over existing demand. Hence, a car parking demand of 59 spaces has been estimated. To accommodate this demand, as well as parking demand during major festivities, the development is proposed to provide 79 formal and 20 overflow car parking spaces. 

 

The development site has an existing driveway off Terrybrook Avenue, approximately 165m north of Ninth Avenue. The driveway is a combined entry/exit driveway approximately 7.5m wide. As part of the proposed development this driveway will be revised and line marked to demarcate the combined entry and exit driveway. The traffic report also concludes that the surrounding roads have capacity to accommodate the forecast traffic likely to be generated by the proposed development.

 

Overland Flow

 

The site is affected by overland flow which originates from the prevailing convergent landform with flow entering the site from catchments to the west and passing through the southern part of the site before entering 362 Ninth Avenue to the east. The proposed development is located outside of this area and as such will not impact on the overland flow path.

 

Noise

 

The application was accompanied by an Acoustic Assessment, prepared by EnviroTech.

Noise surveys were undertaken by EnviroTech over seven days in September and October 2016. The data collected during these surveys and the noise levels of different noise producing activities relevant to the operation of the church hall (i.e. singing, amplified music, vehicle movements) was input into a software noise model. The noise modelling confirmed that the development could comply with relevant noise criteria provided that the church hall is constructed of specific building materials (i.e. the first floor walls are to be constructed from Cemitel Insulated Façade) and management procedures followed (i.e. all activities to finish no later than 10pm). These requirements are reflected in recommend conditions of consent.

 

 

 

 

Accessibility

 

The application was accompanied by an Accessibility Report, prepared by Vista Access Architects. This report concludes: 

“The proposal achieves the spatial requirements to provide access for people with a disability. By compliance with the recommendation of this report, the development complies with the requirements of Access Code of Disability (Access to Premises-Buildings) Standards 2010 and Disability Access relevant section of the Building Code of Australia 2016".


The recommendations contained in the accessibility report are recommended to be imposed as conditions of consent for inclusion in the detailed construction plans for the proposal.

 

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

 

The subject site is deemed suitable to accommodate the proposed development for the following reasons:

 

·    The development site is clear of any significant trees and vegetation.

·    The site is large enough to cater for the proposed church hall, required car parking and provide adequate separation from adjoining properties and Ninth Avenue.  

·    The grade of the site is suitable for the design proposed.

·    The site has an existing driveway off Terrybrook Avenue which will be utilised to access the proposed development. 

 

Section 79C(1)(d) – Any Submission made in relation to the Development

 

The application was referred to the following stakeholders and their comments have formed part of the assessment

 

Referral Body

Comments Received

NSW Police

Supported

Building Surveyor

Supported, subject to conditions

Development Engineer

Supported, subject to conditions

Environmental Management

Supported, subject to conditions

Environmental Waterways

Supported, subject to conditions

Traffic Engineer

Supported, subject to conditions

Community Safety Officer

Supported

Social Planning

Supported

 

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2014, the proposed development was notified and advertised in local papers with an exhibition period between 13 January and 31 January 2017. No submissions were received in response.

 

Section 79C(a)(iv) – The Regulations

 

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

 

 

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

 

The site is suitable for the proposed development which is permissible with consent. The proposal meets the aims and objectives of the relevant environmental planning instruments applying to the development. It proposes a land use to support the religious and spiritual wellbeing of the community which is compatible with the site and locality. In view of the above, the proposed development would on balance create a public benefit, and is therefore in the public interest.

 

Section 91 Integrated Development

 

The site is bush fire prone land and hence the application was referred to the Rural Fire Service. The development application is defined as an Integrated Development under Section 91 of the Environmental Planning and Assessment Act, 1979 as it requires an approval in accordance with Section 100B of the Rural Fire Act 1997. The Rural Fire Service have provided written advice which raised no objection to the proposal subject to the following conditions which are referred to in recommended conditions:

1) At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of "Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'. 

2) A Bush Fire Emergency Management and Evacuation Plan shall be prepared consistent with 'Development Planning - A Guide to Developing a Bush Fire Emergency Management and Evacuation Plan December 2014'.

 

Conclusion 

 

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has found to be satisfactory.  It proposes an expansion of an existing use which has demonstrated it is compatible with the locality.  The site is suitable for the proposed development and the proposal is considered to be in the public interest. The proposal is therefore worthy of Council’s support.  

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo be received.

2.    Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo be approved subject to the following conditions:

 

 

 

2.1       Standard Conditions:

A001 – Approved Plans

A019 – Occupation Certificate

A020 – Use of Building

A029 – Hours of operation and delivery times

A044 – Compliance with NSW Rural Fire Service conditions of consent

A046 – Obtain Construction Certificate before commencement of works

B004 – Dust

B005 – Mud/Soil

B006 – Hours of Work

D001 – Implement approved sediment and erosion controls measures

D005 – No filling without prior approval

D006 – No filling without prior approval

D010 – Appropriate disposal of excavated or other waste

D013 – Approved noise level 1

D014 – Plant and equipment noise

E009 – Annual fire safety-essential safety

E01A – BCA compliance for Class 2-9

G002 – Section 73

G004 – Integral Energy

H001 – Stamped plans and erection of site notice

H002 – All forms of construction

H041 – Hours of work

K101 – Works at no cost to Council

K201 – Infrastructure Bond

K202 – S138 Roads Act

K206 – Construction Certificate for subdivision works

K210 – Stormwater Management

K222 – Access, Car and Manoeuvring

K301 – Sediment & Erosion Control

K302 – Traffic Control Plan

K501 – Penrith City Council clearance

K503 – Works as executed

K504 – Stormwater Compliance

K505 – Restriction as to User and Positive Covenant

K601 – Stormwater Management System operation and maintenance

L008 – Tree Preservation Order

Q01F – Notice of commencement & appointment of PCA2

R101 – Operational Approval prior to use

R102 – OSSM System Type and Disposal Area

R103 – Council inspections for installation

R104 – No alterations without approval

R105 – Plumbing Code of Australia

R108 – Trench Disposal Area

R109 – No effluent runoff

R110 – EMA Signage

R111 – AWTS Servicing

R114 – EMA Turfed

R115 – No structures on EMA

R116 – Diversion of stormwater

R119 – Wastewater and native trees

R125 – Annual Environmental Performance Report

R130 – Reserve area without plan

 

2.2       Special Conditions:

 

2.2.1    Prior to the issue of a Construction Certificate the design recommendations of the Access Compliance Assessment Report, prepared by Vista Access Architects shall be incorporated into the Construction Certificate plans. The works shall be certified accordingly by a suitably qualified access consultant prior to the issue of an Occupation Certificate.

 

2.2.2    Prior to the issue of the Construction Certificate, a Construction Noise and Vibration Management Plan is to be prepared and submitted to Council for approval. This assessment is to consider (at minimum) the details of the construction program, construction methods, equipment and vehicles in association with the NSW Department of Environment and Climate Change’s “Interim Construction Noise Guideline” 2009.

 

The recommendations of the approved Management Plan are to be implemented and adhered to during the construction phase of the development.

2.2.3    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. 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:

-     Address all noise related aspects of the development's operational phases, including:

            -  How noise generated during special events and outdoor           festivals will be managed, and
            -  Provide a schedule describing the dates/ timeframes for these events, and expected number of attendees.

-     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.

2.2.4    Twelve (12) months after the issue of the Occupation Certificate, an Acoustic Compliance Report is to be submitted to and approved by Council. The report is to be prepared by a suitably qualified acoustic consultant and is to address, but is not limited to, all noise generating activities on the site, including special events, and the level of compliance with the noise criteria set within the revised acoustic assessment prepared by Envirotech dated 10 March 2017(Ref: REP-394216-B).  It is also to consider the requirements of the NSW Environment Protection Authority’s Industrial Noise Policy, other relevant guideline documents and the conditions of this development consent.

Should the Compliance Report identify any non-compliances, the Report is to provide suitable recommendations for mitigation. Any mitigation works are to be undertaken within thirty (30) days from the date of notice from Council, unless otherwise specified.

 

 

ATTACHMENTS/APPENDICES

1.

DA16/1359 - Locality Map

1 Page

Appendix

2.

DA16/1359 - Site Plan, Floor Plans and Elevations

5 Pages

Appendix

  


Ordinary Meeting                                                                                                                  22 May 2017

Appendix 1 - DA16/1359 - Locality Map

 

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Ordinary Meeting                                                                                                                  22 May 2017

Appendix 2 - DA16/1359 - Site Plan, Floor Plans and Elevations

 



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Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

2        Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option                          21

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

 

 

2

Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option   

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Improve critical cross regional transport connections

Service Activity

Advocate and provide advice on all modes of transport services, parking and facilities

      

 

Executive Summary

The purpose of this report is to present Council with information relating to the Roads and Maritime Services’ (RMS) Preferred Option for the Mulgoa Road/Castlereagh Road Corridor between Glenmore Parkway, Glenmore Park and Andrews Road, Penrith. RMS has carried out a number of investigations and technical studies to identify the best option to support current traffic demands and future growth in the area.  This report will provide an assessment of the key issues that have been part of the material presented via the community feedback information.

 

The preferred Corridor plans are currently on exhibition, seeking community feedback.

 

The report recommends that the information be received and that the Engineering Services Manager be authorised to finalise a submission, based on this report, and forward it to the RMS by the closing date of 25 May 2017.

Background

For many years Council has advocated for the upgrade of Mulgoa Road and Castlereagh Road. In August 2015, the NSW Government committed $5 million to commence the planning for the future 6.5 kilometre upgrade and widening of Mulgoa Road/Castlereagh Road to support current and future traffic demands and expected growth in the area.

 

The upgrade would include road widening from Andrews Road to Glenmore Parkway and would include, improving intersections and improving turn lanes to key roads along the Mulgoa Road/Castlereagh Road corridor.

 

In July 2016, the Australian and NSW Governments announced a funding commitment of $100 million to widen Mulgoa Road between Jeanette Street, Regentville and Blaikie Road, Jamisontown. This is referred to as Stage 1. The existing Jane Street Project also forms an important (early) stage of this corridor upgrade.

 

At a recent Councillor Briefing held on 8 May 2017, RMS presented to Council the details of the proposed upgrade.

 

Current Situation

RMS have carried out a range of investigations to support the proposed design development and option evaluation processes. These include a preliminary environmental investigation, traffic modelling / analysis, a strategic urban design analysis and utilities investigations.

 

RMS investigations and technical studies indicate that the Mulgoa Road/Castlereagh Road corridor between Glenmore Parkway and Andrews Road carries significant traffic, and volumes have increased consistently between 1993 and 2015, with an average growth rate of 1.2 per cent per annum over this 22-year period. In 2015, Mulgoa Road/Castlereagh Road carried between 30,000 and 44,000 vehicles per day on typical weekday conditions, depending on the specific section. On weekends traffic volumes were found to be 9% to 13% lower than the weekday traffic. In 2015, about 2,000 to 5,500 heavy vehicles were counted, equating to between 7% and 15% of daily traffic.

 

Within this corridor, there are 17 sets of traffic signals and 3 roundabouts which contribute to stop-start traffic conditions causing delay and congestion. During both morning and afternoon peak periods a substantial amount of turning traffic contributes to capacity problems at critical intersections. Travel speed on Mulgoa Road/Castlereagh Road during the weekday peak period is currently well below the posted speed of 60km/hr. The 2015 survey indicates that motorists travel about 10km/hr to 35km/hr from Museum Drive to the M4 Motorway, and about 35km/hr to 40km/hr from Andrews Road to Museum Drive and from the M4 Western Motorway to Glenmore Parkway. The average travel speed for the entire corridor from Glenmore Parkway to Andrews Road was about 20km/hr to 30km/hr.

 

After reviewing the comments and issues that were raised by various stakeholders including those of Council Officers, RMS has developed the concept design for Mulgoa Road/Castlereagh Road Corridor between Glenmore Parkway, Glenmore Park and Andrews Road. RMS are seeking community feedback by Friday 19 May 2017. Council has secured a time extension from RMS until 25 May 2017 to allow sufficient time to consider and respond to the proposal.

 

The proposal for 6.5 kilometre upgrade and widening of Mulgoa Road/Castlereagh Road Corridor, includes an upgrade to the M4/Mulgoa Road interchange to support current and future traffic demands and expected growth in the area.

 

As part of the options evaluation for the purposes of corridor widening, RMS have divided the corridor into the following five sections (as shown in attachment 1):

 

·    Section A - Glenmore Parkway to M4 Interchange

·    Section B - M4 Interchange to Preston Street

·    Section C - Preston Street to Union Road

·    Section D - Museum Drive to Jack Williams Drive

·    Section E - Jack Williams Drive to Andrews Road.

 

Importantly, the sections described above are separate and different to the proposed staging of the works. The proposed staging is discussed further in the report.

 

RMS has carried out a detailed options evaluation process. This process serves as an information gathering role and culminates in a multi-criteria analysis, which reviews identified options against agreed criteria and also option evaluation workshops.  Council officers participated in various workshops and provided advice in regard to the existing deficiencies and options evaluation process.

 

The following was the outcome of the options evaluation process, and RMS has selected a preferred option for this strategic corridor upgrade as shown below;

 

·    Provide three lanes in each direction

·    2 metre footpath on the western side

·    4.5 metre separated path for pedestrians  and cyclists on the eastern side

·    Bus priority lanes (i.e. queue-jump lanes) at signalised intersections

·    Section A, Glenmore Parkway to M4 Interchange – widen to the eastern side

·    Section B, M4 Interchange to Preston Street – widen to the eastern side (except in the vicinity of the mousehole near Wolseley Street

·    Section C, Preston Street to Union Road – widen to the western side

·    Section D, Museum Drive to Jack Williams Drive – widen to the western side 

·    Section E, Jack Williams Drive to Andrews Road – widen to the western side

 

Proposal Staging

 

A staging plan has been developed based on short, medium and long term requirements. The staging is based on traffic modelling that considered the traffic performance of the Mulgoa Road/Castlereagh Road and key intersections along the route. It also will identify when sections of the overall upgrade will be required, in order to cater for the expected growth. The staging plan as shown in Attachment 2 and is summarised in the table below;

 

 

Period

Stage

Components

Short term

0

Mulgoa Road/ Castlereagh Road upgrade (six lanes) between Union Road and Museum Drive (the existing Jane Street Project)

1

Mulgoa Road upgrade (six lanes) between the Jeanette Street and Blaikie Road  (existing $100m funding commitment)

2

Mulgoa Road upgrade (six lanes) between Glenmore Parkway and the M4

3

Castlereagh Road upgrade (six lanes) between Coreen Avenue and Museum Drive

4

Convert Andrews Road roundabout to traffic signal

Medium term

5

Upgrade Mulgoa Road between Union Road and Blaikie Road

Long term

6

Mulgoa Road upgrade (six lanes) between Andrews Road and Coreen Avenue

 

The Australian and NSW Governments have made a commitment of $100 million to widen Mulgoa Road as part of Stage 1, between Jeanette Street, Regentville and Blaikie Road, Jamisontown.

 

Council Submission to the Exhibition of the Preferred Option

 

The proposed submission from Council to the RMS will include the following;

 

Design and Urban Form

 

In June 2015, Conybeare Morrison International consultant prepared the “Vision For Mulgoa Road Analysis Working Paper” on behalf of the RMS. This document identified three future character zones as shown in Attachment 3 for the Mulgoa Road/Castlereagh Road Corridor.  The future character zones are;

 

1.   Lakes “Avenue” Zone (from Andrews Road to High Street)

2.   Penrith’s Gateway Boulevard Zone (from High Street to M4)

3.   Mulgoa Scenic Drive Zone (from M4 to Glenmore Parkway)

The Report also specifies the future design characters and issues for each zone. It particularly highlights the significant urban form elements that are essential in making this corridor unique and attractive. The Preferred Options report does not reference the Vision Paper and should be amended to reflect this.

 

Council also requests RMS to develop and deliver this project using RMS policy for urban design approach – ‘Beyond the Pavement’. This approach would deliver high quality infrastructure that enhances Council’s reputation and meets local community needs. Mulgoa Road forms a primary gateway into our Regional Centre. Therefore, it is critical that RMS provide a strong focus and emphasis on urban form and landscaping along this corridor.

 

Staging and Funding

 

Council calls upon the RMS to articulate the timeframe of the stages and articulate their commitment to long term funding for each of the stages.

 

Currently, The Northern Road and Mulgoa Road are two main road corridors that provide access into the Regional City Centre. Council is aware of The Northern Road Stage 3 upgrade works. Council raises concerns about the timing of the Mulgoa Road/M4 interchange construction works being carried out concurrently with the M4/The Northern Road interchange. These concurrent construction works will compound traffic congestion and disruptions to the community. Therefore, Council urgently seeks advice and construction plans for these corridors.

 

Further comments/ recommendations on staging are provided later in this report.

 

Traffic and Transport Modelling

 

RMS have provided a traffic and transport modelling assessment report that provided forecasted traffic volumes within the project study area for existing and future model years (2016, 2026 and 2036). RMS also carried out modelling, to estimate the future level of service (LOS) for key intersections along Mulgoa Road/Castlereagh Road Corridor and submitted the overall LOS. 

 

Council Comments

 

Mulgoa Road/Castlereagh Road Preferred Option Report Appendix B indicates RMS has employedVISSIM” micro simulation modelling software to estimate the future level of service (LOS) for key intersections. However, RMS Traffic Modelling Guidelines 2013 indicates that “SIDRA INTERSECTION software is a micro-analytical tool for evaluation of intersection performance mainly in terms of capacity, level of service and a wide range of other performance measures such as delay, queue length and stops for vehicles and pedestrians, as well as fuel consumption, pollutant emissions and operating cost”.  Therefore it is requested that an intersection assessment report be amended to reflect this.

 

Council requests all intersection assessment and layout concept plans for the preferred option. This assessment shall include all individual legs of an intersection, to assess any detrimental local road effects that will occur in our network.

 

Road Widening – Local Connections

 

The proposal seeks to widen Mulgoa Road/Castlereagh Road Corridor to provide three lanes in each direction with a raised concrete median (of variable width), between Glenmore Parkway, Glenmore Park and Andrew Road, Penrith.  The proposed central median will not permit any motorists to turn right in and out of driveways.

 

Council Comments

 

The proposed increased number of lanes along Mulgoa Road/Castlereagh Road Corridor is supported. The increase of the number of lanes would improve road capacity and the travel times.

 

The proposed central median will not permit any motorists to turn right in and out of driveways. This restriction would cause motorists to detour into local roads to carry out U-turns. To prevent inefficient turns, RMS should consider providing roundabouts or U-turn facility on local roads at the following intersections;

 

·    Gibbes Street /Loftus Street – U-turn facility

·    Gibbes Street / Spencer Street – Roundabout

·    Glenbrook Street / Warragamba Crescent - Roundabout

·    Blaikie Road /Pattys Place – Roundabout

 

Detail design should also consider extending the right turn vehicle storage capacity, by removing excessive concrete central median areas along the corridor and maximising turn lane storage capacity at all intersections.

 

Section A - Glenmore Parkway to M4 Interchange – widening on the eastern side

 

The proposal seeks to widen Mulgoa Road on the eastern side. This widening would involve acquisition of nine residential properties as well as strip acquisition along Schoolhouse Creek reserve and the park between Jeanette Circuit and Schoolhouse Road. Vegetation communities at Schoolhouse Creek would be affected as would utilities including a gas main, Telstra infrastructure, overhead power lines and a sewer main.

 

Intersection Design Considerations

 

The proposal seeks to remove the roundabout at Glenmore Parkway / Mulgoa Road intersection and replace it with a signalised T-intersection.

 

It also seeks to restrict all traffic movement from Factory Road to Mulgoa Road and to allow left-in only movements from Mulgoa Road. This maintains fairly direct access to the community facilities on Factory Road. Returning to Mulgoa Road to travel north involves some additional travel distance, but is facilitated by the traffic signals at Spencer Street.

 

Council Comments

 

Council supports in principle the proposed upgrades and requests that RMS consult with local residents and respond to any substantial objections prior to proceeding with the upgrades. Due to restricted movements from the local road network, a roundabout facility to permit U-turns should be considered by the RMS at the Gibbes/Spencer Street intersection.

 

There are also driveways proposed in the immediate footprint of the new signalised intersection. Alternate access arrangements for these two properties should be pursued.

 

The signalised intersection at Mulgoa Road/Spencer Street needs further detailed modelling and design to cater for the predicted traffic as a result of the changes to Mulgoa Road/Factory Road.

 

 

 

Section B, M4 Interchange to Preston Street – widen to the eastern side

 

The proposal seeks to widen Mulgoa Road on the eastern side except in the vicinity of the Mulgoa Road / Wolseley Street intersection (“mousehole”). This would involve acquisition of nineteen residential properties, a townhouse development and a service station as well as the strip acquisition of industrial lands. There would be some impact on vegetation communities between Blaikie Road and Wolseley Street, bridge structures across Surveyors Creek and utilities including a 150 mm gas main, Telstra infrastructure, underground power lines, 500 mm sewer and a 150 mm water main.

 

The proposal connects Hatchinson Crescent, Huron Place and Peter Court that serve the residential properties.  However, the report has not provided any details of the cross-section or function / classification of the road.

 

The detail design should ensure there are adequate noise mitigation measures in place on predicted noise levels during construction and operation along Peter Court, Huron Place and Hatchinson Crescent.

 

Intersection Design Considerations

 

The proposal is to replace the grade separated access (“mousehole”) that provides for right-turn movements from Mulgoa Road (southbound) into Wolseley Street, with dual right-turn lanes. RMS traffic modelling indicated that removing the “mousehole” would increase delay for the right-turn movement from the current zero to between 58 seconds and 71 seconds in 2036, traffic modelling indicates that the overall intersection would still operate satisfactorily at level of service B.  If it were to be retained more extensive property acquisition on the eastern side of Mulgoa Road would be needed for the proposed additional lanes. This would affect single storey residences and a townhouse development.

 

Council Comments

 

Council supports in principle the proposed upgrades and requests that RMS consult with all property owners and the local residents and respond to any substantial objections prior to proceeding with the upgrades. RMS traffic modelling is based upon week day peak hour. Currently, there is major traffic congestion and delay along this section Mulgoa Road corridor during Saturday traffic peak period. It is recommended that RMS carryout traffic modelling assessment during Saturday peak period and the intersections be designed to cater for Saturday peak period demand.

 

Council seeks clarification regarding the proposal for connecting local roads namely, Hatchinson Crescent, Huron Place and Peter Court with regard to design intent and access arrangements, and cross-section details. Council is concerned that a narrow dividing median will separate heavy arterial traffic adjacent to a minor local road. Measures need to be in place to ensure pedestrian protection.

 

The detail design should ensure there are adequate noise mitigation measures in place to manage predicted noise levels during construction and operation along Peter Court, Huron Place and Hatchinson Crescent.

 

 

In relation to the grade separated access (“mousehole”), Council seeks assurance from the RMS regarding the removal of the grade separated access (“mousehole”) and the traffic efficiency / appropriateness of replacing it with traffic signals, as well as the efficiency of operation of Wolseley Street and Mulgoa Road intersection in future years in 2036.

 

Council requests RMS to consider providing an unencumbered south bound lane (slip lane) from Glenbrook Street to M4 at Wolseley Street and Mulgoa Road intersection. 

 

Section C, Preston Street to Union Road – widen to the western side

 

The proposal seeks to widen Mulgoa Road on the western side. This widening would involve acquisition of 14 residential properties and two townhouse complexes as well as partial acquisition along the frontage of a retirement village, fast food outlets, Panthers and the vacant ‘Carpenter Site’. Acquisition of the heritage listed ‘The Willows’ would be required and utilities including a gas main, Telstra infrastructure, underground power lines, a sewer main and a water main would be affected.

 

Pedestrian Crossing

 

Mulgoa Road/Castlereagh Road Preferred Option Report Appendix C indicates staged crossings are proposed at Mulgoa Road/Panther Place intersection and Mulgoa Road/Ransley Street intersection, between Panthers and Pepper Stadium.  The pedestrian movements are significantly higher due to NRL games held at Pepper Stadium.

 

Intersection Design Considerations

 

The current preferred approach is to provide a signalised intersection at Union Road. This approach performed best from a traffic efficiency perspective and can be modified to accommodate access from future developments to the west. Allowing unsignalised right-turn movements from Mulgoa Road across three traffic lanes into Union Road was not considered acceptable from a road safety perspective.

 

Council Comments

 

Council supports in principle the proposed upgrades and requests that RMS consult with all property owners and the local residents and respond to any substantial objections prior to proceeding with the upgrades.

 

In considering the significantly higher pedestrian movements due to NRL games held at Pepper Stadium, it is requested RMS consider a pedestrian bridge across Mulgoa Road/Castlereagh Road Corridor. Alternatively, event management plans be developed for adjustments to the pedestrian signal lights for special events, to avoid large crowds congregating on the central median.

 

It is expected that the median storage for pedestrians within a staged crossing will be inadequate during these special events.

 

Council requests that the proposed concept intersection design layout at Jamison Road/Mulgoa Road be considered in light of “Planning Agreement Road Works” dated November 2012. RMS, Penrith Rugby League Club Limited and Council were signatories to this agreement.

 

Carpenter Site

 

The Carpenter Site, on the western side of Mulgoa Road, is a significant parcel of Council owned land. Throughout all discussions with the RMS, access to this site has been highlighted as priority. With the upgrade of Mulgoa Road, the corridor strategy shall clearly articulate the design of a signalised access to this site from Mulgoa Road. Should modelling and planning reveal benefits to coinciding this access with the Union Road traffic signals, then this would be supported by Council. 

 

In relation to Section 6.2.3 Preston Street to Union Road (page 45) under the “Intersection design consideration”, Second paragraph, 1st line be amended from ‘The current preferred approach is to provide a signalised intersection at Union Road’ and replaced with ‘The current preferred approach is to provide a signalised intersection in the vicinity of Union Road at a location to be determined which will allow access from future developments to the West’ (Carpenter Site).

 

Jane Street Upgrade

 

The Jane Street project forms an important element to the overall upgrade of the Mulgoa Road/Castlereagh Corridor. Council has previously made detailed submissions on this project.

 

The Mulgoa Road /Castlereagh Road Corridor upgrade should consider Council’s design input, for the Jane Street upgrade component.

 

Section D, Museum Drive to Jack Williams Drive – widen to the western side 

 

The proposal seeks to widen Mulgoa Road on the western side. This would involve partial acquisition of industrial lands and would affect native vegetation around Boundary Creek. Utilities including Telstra infrastructure, high voltage overhead and underground power lines, the clearance zone around a high voltage powerline tower and water mains would be affected.

 

The proposal has not addressed the existing access arrangements for the two service stations located at the eastern corner of Coreen Avenue/Castlereagh Road intersection.

 

Intersection Design Considerations

 

The proposal seeks to remove the roundabout at Castlereagh Road / Coreen Avenue intersection and replace with a four-leg traffic-light intersection.

 

Council Comments

 

Council supports in principle the proposed upgrades and requests that RMS consult with all property owners and respond to any substantial objections prior to proceeding with the upgrades.

 

Council requests the concept plan to include all access arrangements for the two service stations located on the eastern corners of the Coreen Avenue/Castlereagh Road intersection and to consult with them regarding any turn restrictions.

 

The linemarking scheme between the driveways of Bunnings and Holden appear unorthodox. Clarity is required as to what is proposed in this area. Being a local road, Council’s Local Traffic Committee will need to review and confirm any adjustments to the traffic facilities and linemarking in Mullins Road.

 

 

 

 

Section E, Jack Williams Drive to Andrews Road – widen to the western side

 

The proposal seeks to widen on the western side. This would involve acquisition of a service station, acquisition of an industrial complex, partial acquisition of industrial lands and would affect locally listed heritage items. Utilities including Telstra infrastructure, high voltage overhead and underground power lines and a water main would be affected. 

 

Currently, a service road provides vehicular access to a service station and two car sales yards just south of Andrews Road/Castlereagh Road intersection. The proposed concept plan shows the removal of the service road and the provision of access to these properties should be addressed.  

 

Intersection design considerations

 

The proposal seeks to remove the roundabout at Castlereagh Road / Andrews Road intersection and replace with a four-leg traffic-light intersection.

 

Council Comments

 

Council supports in principle the proposed upgrades and requests that RMS consult with all property owners and respond to any substantial objections prior to proceeding with the upgrade.

 

Council requests RMS to consult with the service station and two car sales yards regarding the proposed vehicular access arrangements. Furthermore, the RMS must consider relocating the existing rowing structure in the centre of the roundabout, as this was a 2000 Olympics entry statement. Council would be happy to work with the RMS to identify a suitable alternate location.

 

RMS must consider intersections upgrades at Andrews Road/Lambridge Place in accordance with the approved Development Application (DA 14/1396.01). Plans will be forwarded to the RMS.

 

Bus services

 

All the existing bus services along the Mulgoa Road/Castlereagh Road corridor would be retained. The proposal seeks to provide bus priority lanes (i.e. queue-jump lanes) at 13 signalised intersections.  Bus priority lanes will be provided to allow buses a head start along the Mulgoa Road / Castlereagh Road Corridor. In conjunction with bus priority lane at intersections, four indented bus bays are also proposed.

 

Council Comments

 

Ensure road widening options allow separate space for DDA complying boarding points, and bus shelters.

 

Council requests the RMS review bus access along Mulgoa Road/Castlereagh Road corridor and consider the appropriateness and efficiency of providing bus priority lanes at key intersections.

 

 

 

 

 

Active Transport

 

The proposal provides a 2 metre footpath to the western side and 4.5 metre separated path for pedestrians and cyclists to the eastern side along Mulgoa Road/Castlereagh Road Corridor.

 

Council Comments

 

Council supports in principle the proposed active transport measures. It is recommended that the detailed design ensures that;

 

·    Widening options allow for separated path to travel behind bus priority zones/stops with separate space for DDA complying boarding points, shelters etc.

·    Carriageway to cater for on-road cyclists, particularly at intersections with bus jump lanes

·    Clearance zone provided between separated path and travel/deceleration lanes as per typical cross section examples, not shown on design sketches (possibly due to scale)

·    Medians to be large enough to cater for multiple cyclists without the need to dismount

·    Ensure documents refer to “separated path” not “shared path”

·    Presume Peter Court, Huron Place and Hatchinson Crescent will be a “mixed traffic” zone with bike logos; ensure pedestrian access via 1.5m footpath.

·    Clarify proposed separated path at Surveyor’s Creek Bridge

 

Council seeks clarification regarding the type of path between M4 eastbound on-ramp and southern end of Hatchinson Crescent

 

Flooding and Drainage

 

RMS have acknowledge that the Nepean River is located generally between 500 metres and 1000 metres to the west of the proposal corridor. Three watercourses cross the proposal corridor.

 

·    Boundary Creek (just to the north of the Mullins Road/Coreen Avenue intersection)

·    Surveyors Creek (just to the north of Blaikie Road)

·    School House Creek (just to the north of the Glenmore Parkway intersection)

 

Council Comments

 

In addition to the identified three watercourses cross the proposal corridor, there are a number of road culverts which are under capacity to convey the 1 in 5 year flows.

 

Detailed design should investigate these culverts and drainage systems should be upgraded where necessary.

 

Further, any road improvement works should not adversely affect the flooding to properties.

All flood evacuation routes must be designed in accordance with SES principles/ standards. It is requested that RMS consult with the State Emergency Services (SES).

 

 

 

 

Staging

 

The proposal seeks to widen the existing four- lanes divided carriageway to six- lanes divided carriageway, including upgrading all intersections into six stages to meet the future traffic demand. The proposed RMS staging plan as shown in Attachment 2 and summarised earlier in this report.

 

Council Comments

 

Council congratulates the Australian and NSW Governments for the commitment of $100 million to widen Mulgoa Road between Jeanette Street, Regentville and Blaikie Road, Jamisontown.

 

In considering the RMS staging plan proposal, Stage 0 (Jane Street project) would commence first, followed by Stages 1, 2, 3 and 4. However, Stage 5 is a critical section in order to ensure effective traffic flow between the M4 to the City Centre and would minimise traffic congestion and delays, thus improving travel time. Equally important, the connection south to Glenmore Park is critical in servicing the needs of this rapidly developing community. Therefore, Council requests the RMS to re-evaluate the staging plan and consider undertaking Stage 5 earlier in the construction schedule. In addition, Council requests that the Stages 1 & 2 be consolidated to minimise traffic and community disruptions during the construction period. Council strongly recommends that the RMS consider the staging works as listed below.  

 

Short Term Works

·    Stage 0 - Mulgoa Road/ Castlereagh Road upgrade (six lanes) between Union Road and Museum Drive

·    Stage 1 - Mulgoa Road upgrade (six lanes) between the Glenmore Parkway and Blaikie Road

Medium Term Works

·    Stage 2 - Upgrade Mulgoa Road (six lanes) between Blaikie Road and Union Road

Long Term Works

·    Stage 3 - Castlereagh Road upgrade (six lanes) between Museum Drive and Andrews Road

Council understands that the RMS proposal includes the replacement of the two existing roundabouts with traffic signals within the long term works at Castlereagh Road upgrade (six lanes) between Museum Drive and Andrews Road. Council requests that these intersection upgrades be brought forward before Stage 3 of the road widening.

 

 

Planning

 

Consultation with affected land owners is required to discuss future development and planning outcomes, including the provision of access to properties.

 

The significant planned land acquisitions in the preferred option will need to be reflected and enforced through an amendment to the Penrith Local Environmental Plan 2010, so as to identify changes to land use zonings and the addition of Land Reservation Acquisition (LRA) parcels.

 

Council understands that the preparation of the preferred option has considered contemporised development yield assumptions. Should further updated information be required, Council is willing to assist in the provision of this information.

It is understood that a future consultation process will be undertaken to consider the detailed design of the preferred option. Council requests that it is consulted as part of this process.

Environmental

 

Noise

 

Where widening works are proposed to encroach upon noise sensitive receivers, with particular reference to residential receivers located in Section A and B of the road corridor, all feasible measures should be taken to ensure that acceptable noise outcomes are achieved at those receivers through the duration of construction and operational use of this road corridor.

 

Where structural noise attenuation measures (i.e. barriers and fences) are proposed to meet relevant noise criteria, it is recommended that these measures are designed and implemented with consideration to the concerns of the noise affected community.

 

Biodiversity

 

Council acknowledges, at this preliminary stage of the proposal, the extent to which biodiversity, natural habitat and ecological communities will be impacted is unclear. However, that the preferred corridor widening option is the least intrusive option with regard to impacts to biodiversity, as determined through a multi-criteria analysis of each of the proposed options. A comprehensive assessment of potential impacts to biodiversity will be undertaken at the environmental assessment stage.

 

Council believes that opportunities for the retention of existing vegetation should be optimised where possible, and that road corridor designs incorporate the maximum allowance for vegetation/landscaping and be prioritised. Where vegetation buffers are proposed to be removed to enable widening works to be undertaken, particularly in sections of the proposal in proximity to residential receivers, consideration should be given to re-establishing these vegetated corridors, in sufficient density and depth, to assist with attenuating road traffic noise and improving the visual amenity of the road corridor.

 

Contaminated lands

 

There are several known and potentially contaminated sites within or adjacent to the proposal corridor. The preferred widening option will result in disturbance to two service stations and one site previously utilised for metal works. Contaminated land parcels have been identified in Section 3.4 of the report, with the acknowledgement that further investigation of these lands will be undertaken prior to any acquisition/disturbance. It is noted that the preferred corridor option will require the least disturbance to known or potentially contaminated lands, and as such, this is considered preferable.

 

Whilst detailed contamination investigations have not yet been conducted, land contaminated through existing and historical land uses will be disturbed as part of the proposed works, irrespective of the corridor widening option selected, as disclosed in the Options Report. As the project works are categorised under State Environmental Planning Policy (Infrastructure) 2007 as being “development permitted without consent”, any associated works that are required to be undertaken to satisfactorily remediate the land prior to and during the construction of the corridor do not require Council consent. 

 


 

Air Pollution

 

Construction Phase:

 

During construction, the primary risk to local air quality is the generation of dust and airborne particulate matter produced during works involving the stripping of topsoil, land clearing, earthworks and material stockpiling. Those receivers located in proximity to the site works and/or in the direction of prevailing winds will be the most susceptible to dust-related impacts. It should be ensured that any adverse air quality impacts are considered and suitably addressed at the final design proposal stage.

 

Operational Phase:

 

Potential changes in air quality during operation as a result of changes in traffic volumes are to be considered at the environmental assessment phase. Whilst it is expected that potential impacts on air quality emanating from the operation of the proposal will be negligible, this should be verified by way of air quality modelling at the environmental assessment stage.

 

Surface Water Quality Impacts

 

The Nepean River is located generally between 500 metres and 1000 metres to the west of the proposal corridor. Three watercourses cross the proposal corridor:

 

·   Boundary Creek (just to the north of the Mullins Road / Coreen Avenue intersection)

·   Surveyors Creek (just to the north of Blaikie Road)

·   School House Creek (just to the north of the Glenmore Parkway intersection).

 

The proposed works have the potential to adversely impact surface water quality during the construction works due to sediment-laden runoff caused by excavation, vegetation removal and other surface work, particularly before or during periods of heavy rainfall. This is particularly relevant to School House and Boundary Creeks, where the proposal requires the stripping of surrounding vegetation. It should be ensured that all feasible measures and controls are implemented to manage surface runoff and prevent adverse effects on these waterways.

 

Heritage

 

At this stage, and based on limited information provided, no objection is raised from a heritage perspective. It is however, recommended that more detail be provided with regard to the impacts on heritage items. At this stage, the preferred option report correctly identifies the Penrith Ambulance Station, The Willows House; Workmen’s Cottages, Edwardian Cottage, Victorian House, and the Castlereagh Road Alignment, as heritage items that could be impacted by the proposed works.

 

It appears that utilities are generally proposed in locations that are in or close to the road, resulting in minimal impact to the items themselves. The report does not elaborate on the locations of these services, how the items could be impacted, and how the impacts could be minimised. Of particular concern are the items Edwardian Cottage and Workman’s Cottages as they are located very close to the road and the scale of the diagrams makes it difficult to determine potential conflicts.

 

An unexpected finds protocol should be implemented for any excavation works. If any archaeological or Aboriginal relics are uncovered during the course of the work, no further work shall be undertaken until further directed by the Office of Environment and Heritage.

 

Landscape Design

 

Jane Street Upgrade has not addressed Council’s response on tree planting requirements. Mulgoa Road/Castlereagh Road Corridor Upgrade does not address sufficient streetscape / tree planting in the road reserve widths.  A separated path is prioritised over tree planting on the eastern side. At best, with the current proposal, some small trees could be accommodated in the space provided, developing a poor urban and visual outcome for this major road corridor in our City.

 

A substantial treed road corridor should be delivered, which makes a significant visual contribution to the urban landscape and strong boulevard gateway route to the CBD and is appropriate for the width and scale of the road corridor. In this regard, a robust vegetation and tree planting strategy is required for the length involving strong representation at creek crossings and major intersections, use of medians for large trees and retention of existing trees where possible.  

 

Verges should be widened in key locations to compensate for large stands of trees to be removed particularly where adjacent land has limited capacity to provide large trees. Major intersections at each corner and terminating T-intersections, as well as vistas require a strong landscape presence with quality urban design and landscape treatments, achieved through extension to verges and narrowed lanes. Barriers are to be provided in medians to enable non-frangible tree plantings that will make a contribution to streetscape amenity. Any overhead power should be undergrounded. The existing artwork on M4 bridge fence panels should be reused and extended. 

 

Trees impacted and/or required for removal should be specifically identified in future documentation for community comment. The Grey Gums, near Grey Gums Hotel have ecological significance, have regional iconic status as a gateway to the CBD, and are listed on Council’s Significant Tree Register, which has not been identified in the Landscape Character and Visual Amenity in the Preferred Option report. They should also be mapped as an area of constraint. The road alignment and bus lanes/bus stops should be adjusted accordingly to retain more of these trees. 

 

This general, verge widths and road cross sections to be modified to provide appropriate space and root volume for suitable trees.

 

RMS Property Acquisition

 

Council is extremely concerned about the level of property acquisition required along the full length of this corridor. Council implores the RMS to develop a comprehensive strategy to address the acquisition of land with a focus on fairness, equity and timing. Treating existing properties with respect and ensuring that residents are not “left in Limbo” with their “lives on hold” will be critical.

 

RMS has advised that there is a Hardship Provision available within the State Government in which RMS could access funding for this project. This process involves:

 

•     Before an acquiring authority starts an acquisition of privately owned land, the land can sometimes have already been designated for a public purpose. Designation can occur either by written notice from the acquiring authority or by an environmental planning instrument. All environmental planning instruments can be viewed at: http://www.legislation.nsw.gov.au 

 

For various reasons, there may be a period of time between the designation of the land and the start of acquisition. Under the Act’s hardship provisions, a land owner can request an acquiring authority to buy all or some of the owner’s land before the acquiring authority needs the land.

 

In order for an acquiring authority to acquire land under the hardship provisions, the land owner must demonstrate that:

 

·    It has become necessary to sell the property without delay for pressing personal, domestic or social reasons, or to avoid a substantial loss in income, and

 

·    The owner is unable to sell the land at its market value because the land has been designated for future acquisition.

 

Where land is acquired under the hardship provisions, the compensation is generally based on the market value of the land as if the public purpose designation had not been made.

 

Unlike other acquisitions under the Act, additional costs are generally not included in the compensation payment. This is because the owner’s request to have his or her land acquired is taken as a willingness to accept the normal costs associated with selling a property.

 

Council Comments

 

Residential and Commercial

 

Council urgently requests RMS to provide details of the timing of land acquisitions with the affected property owners along the Mulgoa Road/Castlereagh Road corridor. Council requests, that its ratepayers are not unnecessarily placed ‘in Limbo’, not having certainty regarding the future of their households / properties.  This should be treated as a matter of urgency by the RMS.

 

Council Land

 

The Property Development Department acknowledges that the acquisition of Council-owned land is required by Roads and Maritime Services to facilitate the proposed road widening.

 

Discussions with the RMS are underway to achieve an outcome that provides a balanced solution, which addresses the future intent of Council land, maximises future opportunities, and achieves the best possible outcome for the Community. It is the intent of the Property Development Department to negotiate an appropriate agreement with RMS that would facilitate a streamlined compulsory acquisition process of Council land whilst achieving value for money.

Conclusion

Council congratulates the Australian and NSW Governments for the commitment of $5 million in 2015 for the corridor investigation study and $100 million in 2016 to widen Mulgoa Road between Jeanette Street, Regentville and Blaikie Road, Jamisontown. Equally important is the $70m committed to the Jane Street Project.

 

Council acknowledges the access strategy and preliminary concept design for the Preferred Option for the upgrade of Mulgoa Road/Castlereagh Road Corridor between Glenmore Parkway, Glenmore Park and Andrews Road, Penrith.

In relation to Council’s concern of the timing of land acquisitions with the affected property owners, Council requests this matter be resolved during the early stages of the corridor development in order to give certainty to the community.

 

Council calls upon the RMS to articulate the timeframe of the stages and articulate their commitment to long term future funding for each of the stages of the road corridor. Importantly, the timing and coincidence with other arterial projects, (including The Northern Road).

 

The improvements and upgrade to this critical arterial road corridor are supported in principle, subject to the matters contained within this report being addressed by the RMS in the finalisation of the corridor design. Our submission to RMS will seek to reinforce Council’s support of the project and highlight a number of matters which warrant further consideration.

 

The key issues identified within the body of this report will be included in Council’s submission to the RMS and Council officers will continue to work with the RMS to ensure that the future upgrade delivers appropriate outcomes for all stakeholders.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option be received.

2.    Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 25 May 2017.

3.    Council write to the Local and Federal Members seeking support for the Mulgoa Road/Castlereagh Road Corridor Upgrade and highlighting the important elements of Council’s submission. 

 

 

ATTACHMENTS/APPENDICES

1.

Proposed Section for Option Evaluation

1 Page

Appendix

2.

Proposed Staging Plan Map

1 Page

Appendix

3.

Future Character Zones

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  22 May 2017

Appendix 1 - Proposed Section for Option Evaluation

 

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Ordinary Meeting                                                                                                                  22 May 2017

Appendix 2 - Proposed Staging Plan Map

 

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Ordinary Meeting                                                                                                                  22 May 2017

Appendix 3 - Future Character Zones

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

3        Vegetation Management to reduce Fire Risk                                                                  43

 

4        Tender Reference 16/17-14, Triangle Park Upgrade                                                      46

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

 

 

3

Vegetation Management to reduce Fire Risk   

 

Compiled by:               John Gordon, City Presentation Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage trees across the City

      

 

Executive Summary

The purpose of this report is to provide Council with information on the possibility of clearing road reserves in Londonderry and Llandilo, in particular The Northern Road and Llandilo Road for bush fire protection purposes.

 

Council is responsible for the management of many kilometres of roadside vegetation across the City. Currently these areas are slashed twice per year where physically possible and in response to customer requests, with rural intersections mown 14 times per year. The possibility of clearing road reserves across the City as a bushfire mitigation strategy, including Londonderry and Llandilo, has been referred to the NSW Rural Fire Service (RFS) for advice. The RFS have provided a broad response and suggested that a strategy for the management of road reserves to assist in bushfire mitigation be developed in consultation with Council staff. This strategy should be applied to specific roads or road networks. Any strategy should consider the cost effectiveness of implementation. The report recommends that the information contained in the report be received and that further discussion be undertaken with the NSW RFS in relation to the development of a strategy for the City.

 

Background

 

Following recent fires in Londonderry and Llandilo it has been requested that further information be provided on the possibility of clearing road reserves in Londonderry and Llandilo with a focus on the Northern Road and Llandilo Road. The Northern Road in this area is approximately 7.5 kilometres in length, while Llandilo Road is approximately 5 kilometres in length, giving a total roadside length of approximately 25 kilometres to be managed. The Northern Road is a ‘state road’, with Council being responsible for the maintenance of vegetation behind the table drain. Llandilo Road is a Council owned road and Council is responsible for the maintenance of the entire road reserve.

 

Council currently undertakes a range of slashing and tree maintenance works within rural road reserves across the City. These works are undertaken to maintain ‘lines of site’ for traffic, improve the amenity of the area, assist in fire management and provide an area for vehicles to safely pull over. Rural intersections are generally mown 14 times per year, while roadside verge maintenance is undertaken 2 times per year and as requested by the community.  The maintenance of the road reserves in Londonderry and Llandilo is undertaken in accordance with these schedules. Tree maintenance works are generally undertaken on a reactive basis.

 

 

 

 

Bush Fire Protection

 

Council regularly seeks advice in relation to the management and mitigation of bushfire threats in the City through the NSW Rural Fire Service (RFS). This advice generally relates to the effectiveness of asset protection zones (APZ) or the need to undertake effective hazard control measures to reduce bushfire threats. As an example, Council referred a request for advice in relation to the fuel load at Applegum Reserve, Glenmore Park to the RFS. The RFS undertook an inspection of the reserve and determined that significant hazard reduction was required. Consequently the RFS undertook a controlled burn in February this year, significantly reducing the potential for a future fire hazard. Whilst the RFS had the capacity to assist with a site of this size, their ability to assist with the management of road sides is limited due to the volume of work potentially required.

 

The effectiveness of clearing road reserves for bush fire protection was referred to the RFS for their advice. The following feedback has been provided by the RFS –

 

·    Roadside vegetation management has a number of pros and cons;

·    The decision to undertake roadside vegetation management activities (or not) should not be applied broadly, rather applied individually to specific roads or road networks;

·    Roadside vegetation management can take form in a number of ways including tree / canopy management, spray / burn and slashing;  

·    Roadside vegetation management may serve both as a “fire break” and may also offer a safer area for firefighting operations;

·    There are many considerations for roadside vegetation management including environmental, traffic management, WHS and cost effectiveness; and

·    The RFS have assisted local government with roadside vegetation management activities including spray / burn and slashing in rural and far western NSW.

 

The RFS have indicated that should Council wish to progress this matter that further face to face meetings be held to develop a strategy for the entire local government area. This strategy would include the Londonderry and Llandilo areas.

 

It should be noted that both Council and the Hawkesbury River County Council are making application for grant funding through Local Government New South Wales (funded by NSW Environmental Trust) to be part of a statewide pilot program to trial framework concepts to improve the management and long-term environmental value of roadside reserve assets. It is anticipated that bushfire management will form part of this framework. At this stage the outcome of these applications is unknown.

 

Conclusion

 

The effective management of rural roadside vegetation can be an important tool in the management of bushfire threats. To progress this concept it is recommended that Council partner with the NSW Rural Fire Service to develop site specific strategies for identified roads or road networks. These discussions should also include Downer Mouchel, who undertake roadside maintenance on state roads within the City on behalf of the NSW Roads and Maritime Services (RMS).

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Vegetation Management to reduce Fire Risk be received.

 

2.    That Council Officers undertake further discussions with the NSW Rural Fire Service to develop a strategy for the entire local government area, including Londonderry and Llandilo.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

4

Tender Reference 16/17-14, Triangle Park Upgrade   

 

Compiled by:               Wasique Mohyuddin, Major Projects Coordinator

Karin Schicht, Acting Design & Projects Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

Tender reference 16/17-14 for the Construction of Triangle Park Upgrade at High Street Penrith was advertised in the Western Weekender on 20 March 2017 and Sydney Morning Herald on 4 April 2017. The tender closed on 10 May 2017.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Community Assets & Infrastructure be accepted for the full scope of works outlined in the RFT 16/17-14 for the Construction of the Triangle Park Upgrade Project, for a total amount of $2,846,612.00 (excluding GST).

Background

The work to be performed under RFT 16/17-14 Triangle Park Upgrade is located at the intersection of High Street and Henry Streets, Penrith.

The project involves the following features: paving, tree planting, water feature, deck and shade structures.

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Elizabeth Roxburgh - Landscape Architect, Wasique Mohyuddin - Major Projects Coordinator, Ezekiel Meares – Project Officer, Laura Stott - Supply Officer- Contracts and was chaired by Karin Schicht – Acting Design and Projects Manager. Glenn McCarthy – Governance Manager was appointed as the probity advisor.

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Work Health & Safety

·    Demonstrated Ability

·    Business References

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance and Environmental Management Systems

 

 

Initial Tender Review

 

A full listing of the tenders received is detailed below in price order (ex GST).

 

Company

Tendered Price

Company Location

Directors

Community Assets & Infrastructure

 

$2,846,612.00

 

10 Regent Street
Chippendale NSW 2008

Sean Woellner
Scott Williams
Bob Matchett

J Group Corporation

 

$2,875,435.04

 

Level 1, 15-17 David Road, Emu Plains NSW 2750

Spiros Apokis

 

Statewide Civil Pty Ltd

$3,130,491.60

605, 5 Celebration Dr

Bella Vista NSW 2147

Michael Dominello

Castlereagh Group Industries

$3,232,622.73

 

Level 4, 95 Pitt St
Sydney NSW 2000

Bruce Maples

Landscape Solutions

$3,259,235.12

 

16 Distribution Place
Seven Hills NSW 2147

Tim Buckle

 

Glascott Landscape and Civil

$3,339,457.34

 

Unit 4/15-17 Chaplin Drive
Lane Cove NSW

Matthew Glascott

 

Glascott Landscape and Civil – Alternate tender

$3,181,857.34

 

 

Co-Ordinated Landscapes

$3,389,900.00

 

Level 1, 33-35 Belmont St
Sutherland NSW

Carl G Small

Regal Innovations Pty Ltd

$3,450,369.00

 

249 Annangrove Road
Annagrove NSW 2156

Robert Stanton

 

Glenn Simpson Landscapes Pty Limited

$3,684,811.92

 

39 Hunter Street
Kirarwee NSW 2232

Glenn Simpson

 

 

The tenders submitted by Co-Ordinated Landscapes, Regal Innovations Pty Ltd and Glenn Simpson Landscapes Pty Limited were in a price range that exceeded the available budget. The Committee were of the opinion that there was no advantage to give further consideration to these tenders.

 

One tender was received late and could not be considered in accordance with Clause 177 of the Local Government Regulation 2005, which requires that a council must not consider a tender that is not submitted by the deadline of closing of tenders.

 

The remainder of the tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

 

The tender received from Community Assets & Infrastructure Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of both effectiveness and price.

 

The recommended company, Community Assets & Infrastructure, was selected based on their:

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements; and

3)   Competitive price for the services offered.

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks. Past projects include public domain upgrades for local and state governments such as Hosking Place and Penfold Lane, Sydney and Kent Street Underpass, Sydney.

 

The proposed company has delivered multiple projects of similar nature and are currently working on the Queen Street upgrade project on behalf of Penrith City Council. Council’s Project Management team is satisfied with their performance in relation to community, safety and environmental management and reference checks have also returned positive feedback.

 

Financial Services Manager’s Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Community Assets & Infrastructure Pty Ltd.  These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Council’s Financial Services team. Based on this review, no concerns were raised as to the ability of Community Assets & Infrastructure Pty Ltd to perform the works described.

 

The Triangle Park project is listed as part of the prioritised City Centre Improvement Program which was presented at the 17 November 2014 Finance Working Party. Projects within the program are set to be delivered over a number of years with the use of equivalent loan funding to match cash flow requirements. The total tendered amount by Community Assets & Infrastructure Pty Ltd of $2,846,612.00 (excluding GST) can be accommodated within the program.

 

The annual scheduled maintenance budget for City Presentation would need to be increased by approximately $41,900 (from General Revenue) to account for ongoing site maintenance of the site in addition to provision for asset renewal requirements over the life of the site assets.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Coordinator, Adam Beggs, met to consider the tender for the Construction of Triangle Park Upgrade. The TAG requested that additional information be provided on the recommended tenderer which has now been incorporated into the report. The TAG has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

 

Conclusion
 

The Tender Evaluation Committee is of the opinion that Community Assets & Infrastructure Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $ 2,846,612 excluding GST.

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-14, Triangle Park Upgrade be received.

2.    Community Assets & Infrastructure be awarded the Contract for the Construction of Triangle Park Upgrade, for an amount of $2,846,612 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

5        Successful Green Army Projects                                                                                     53

 

6        Appointment of Community and Professional Members to the Resilience Committee 55

 

7        College, Orth and Werrington Creeks Catchment Overland Flow Flood Study              58

 

8        Little Creek Catchment Overland Flow Flood Study                                                       66

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

 

 

5

Successful Green Army Projects   

 

Compiled by:               Janet Rannard, Bushland Management Officer

Authorised by:            John Gordon, City Presentation Manager  

 

Outcome

We care for our environment

Strategy

Protect and improve our natural areas, the Nepean River and other waterways

Service Activity

Facilitate community involvement in bushland management

      

 

Executive Summary

The Australian Government through its Green Army programme is providing environmental and heritage conservation projects throughout Australia as well as training young Australians with appropriate skills.

Penrith City Council was successful with an application in the most recent round of Green Army applications and as a result two Green Army teams will be deployed to undertake environmental works within the Penrith Local Government Area over the next twelve months.

Background

The Australian Government had allocated $525 million for the Green Army programme over four years from 1 July 2014 and Penrith Council was successful as a Project Sponsor in obtaining two projects in 2015-2016. These works have been completed.

 

In December 2016 the Australian Government announced that the Green Army programme would cease; however, there are projects in the seat of Lindsay within the Cumberland Conservation Corridor that need to be completed. Council successfully applied for two additional projects. The Green Army will provide a hands-on, practical environmental action programme that supports local environment and heritage conservation projects across Australia.

 

The Green Army programme provides opportunities for young Australians aged 17-24 years to gain training and experience in environmental and heritage conservation fields and explore careers in conservation management, while participating in projects that generate real benefits for the environment.

 

The two Green Army teams of 10 (up to nine participants and one team supervisor) will work on projects lasting 20-26 weeks mainly along sections of the Nepean River in Leonay to help deliver local conservation outcomes.

 

As a Project Sponsor Council manage projects within the Penrith LGA. Each Project Sponsor works with a Service Provider and Council will work with Conservation Volunteers Australia (CVA) as its Service Provider.

 

These projects are not grants. The Project Sponsor provides access to the land for works to be supervised and undertaken by the Service Providers representative. CVA will provide a supervisor and up to nine participants. The Service Provider will undertake all training, work health and safety and supervise the onsite works.

 

 

Project Proposal

 

Two sites have been successfully allocated along River Road, Leonay. The works will continue from works undertaken in 2015-16. Stage 3 is due to start in May 2017 and Stage 4 is due to start in October 2017. The next stage of works here is in degraded areas continuing to target the protection of the Riparian Forest and Shale Plains woodland along the riverbank areas and wombat/possum and bush bird habitat at Leonay. Works may be in a mosaic fashion to protect nests and drays, particularly in spring in order to maintain fauna habitat. Objectives include improving the local environment through weed control and revegetation, providing an event to engage the community/ supporting the Bushcare group and training young Australians for future employment.

 

The sites will be monitored to ensure successful environmental outcomes.

 

Benefits

 

The benefit to Council is an increase in areas of natural vegetation that can be improved using bush regeneration techniques.

 

The benefit to Green Army participants is that they will gain work skills and environmental training so that they can explore environmental conservation careers.

 

 

RECOMMENDATION

That the information contained in the report on Successful Green Army Projects be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

6

Appointment of Community and Professional Members to the Resilience Committee   

 

Compiled by:               Carmel Hamilton, Sustainability Co-ordinator

Authorised by:            Sandy Davies, Executive Manager - People & Capability  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Identify opportunities to respond to a changing climate

      

 

Executive Summary

Council, at the Policy Review Committee meeting of 14 November 2016, resolved to establish a Resilience Committee to consider the issues our City faces owing to its unique location and environment.  At the Ordinary Meeting of 28 November 2016 Council resolved that the Mayor, Councillor John Thain, and Councillors McKeown and Presdee represent Council on the Resilience Committee.

 

In line with the Terms of Reference (TOR) adopted in March 2017 there are up to four (4) positions available on the Resilience Committee for community members and up to six (6) positions for professional members.

 

This report considers and recommends the appointment of four (4) community members and four (4) professional members for a period of two (2) years from July 2017-19.

Background

At the Policy Review meeting held on 14 November 2016 a report was presented to Council on Councillor Working Parties. As a result of that meeting Council resolved to establish a Resilience Committee.  At the Ordinary Meeting of 28 November 2016 Council resolved that Councillors Thain, McKeown and Presdee be the Councillors on this Committee for the term of the current Council until 2020.

 

Council, at its Policy Review Committee meeting of 13 March 2017 endorsed the TOR for the Resilience Committee. In accordance with the TOR Council officers commenced an Expression of Interest process (EOI) for community members in March 2017. At the same time invitations have been extended for four (4) professional members to provide specialist advice and knowledge to the Committee.

Recruitment Process

The recruitment process for the nomination of community members commenced in March 2017, with expressions of interest due Monday 25 April 2017. Public notices were placed in the local press, on Council’s website and social media pages, and the Sustainability eNews.

 

The criteria for the selection of community members are:

·    An understanding of resilience and sustainability principles  

·    A willingness to undertake training and induction, and to participate actively in meetings

·    Be a resident, work or study in the Penrith LGA

 

 

Expressions of Interest-Community Nominations

Council received five (5) EOIs to participate as community representatives on the Resilience Committee. Applicants were initially assessed by Council officers from the Sustainability Team, taking into account the extent of expertise and experience of each applicant against the selection criteria. Council officers also provided copies of the EOIs to the three (3) Councillors nominated to the Resilience Committee to provide a further assessment of the applicants.

 

It is recommended that the following four (4) people be appointed to the Resilience Committee as community representatives for a two-year term from July 2017 to July 2019:

·    Mr Nevin Sweeney

·    Ms Carina Fernandes

·    Ms Helen Ryan

·    Ms Michelle Tormey

Professional Representatives

In addition to community representatives the TOR provide for up to six (6) professional representatives. Following correspondence with the appointed Councillors the General Manager has written to the following organisations to request the participation of a suitable representative:

·    NSW Office of Environment and Heritage

·    Nepean Blue Mountains Local Health District

·    Western Sydney University

·    Celestino Pty Ltd (Sydney Science Park)

 

It is recommended that the following representatives be appointed to the Resilience Committee as professional representatives for a two-year term from July 2017 to July 2019:

·    Ms Suzanne Dunford – Principal Projects Officer, Impacts and Adaptation at the NSW Office of Environment and Heritage

·    Associate Professor Bradley Forssman – Director of Public Health at Nepean Blue Mountains Local Health District

·    Dr Teresa Swist – Engaged Research Fellow, Institute for Culture & Society at Western Sydney University 

·    Mr Jeremy Spinak – Manager Stakeholder Relations and Special Projects at Celestino Pty Ltd

 

RECOMMENDATION

That:

1.    The information contained in the report on Appointment of Community and Professional Members to the Resilience Committee be received.

2.    The following persons be appointed as community members of Council’s Resilience Committee for the two-year term 2017-2019:

·    Mr Nevin Sweeney

·    Ms Carina Fernandes

·    Ms Helen Ryan

·    Ms Michelle Tormey

 

3.    A letter be forwarded to all community applicants to thank them for submitting an Expression of Interest for appointment to the Resilience Committee.

4.    The following persons be appointed as professional members of the Council’s Resilience Committee for the two-year term 2017-19:

·   Ms Suzanne Dunford

·   Associate Professor Bradley Forssman

·   Dr Teresa Swist

·   Mr Jeremy Spinak

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

7

College, Orth and Werrington Creeks Catchment Overland Flow Flood Study   

 

Compiled by:               Elias Ishak, Senior Engineer Stormwater

Ratnam Thilliyar, Engineering Stormwater Supervisor

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

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

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual, Council has undertaken a detailed overland flow flood study for the College, Orth and Werrington Creeks Catchment.  The Final Draft College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 (the Study) was placed on public exhibition from 23 February to 30 March 2017 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition.  The report recommends that the Study be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas.  Under the Policy the management of flood prone land remains the responsibility of Local Government.  Policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.

 

The State Government, under its policy, provides specialist technical advice and in some instances financial support to Councils to manage their floodplains.

 

In 2006, Council undertook an “Overland Flow Flood Overview Study” for the entire Penrith Local Government Area.  This study identified all major overland flow paths, provisional flood hazard for properties at risk of flooding, ranking of the catchment areas in terms of severity of flooding. Also this study assists Council in prioritising catchment areas to undertake detailed flood studies.  The College, Orth and Werrington Creeks Catchment was identified as one of the priority catchments requiring a detailed overland flow flood study and a floodplain risk management plan to effectively manage overland flows.

 

The College, Orth and Werrington Creeks Catchment Area covers parts of Orchard Hills, Caddens, Kingswood, Cambridge Park, Werrington and Werrington County and has an area of approximately 1,200 hectares (12 km2).  The Study Area is located north of the M4 Motorway, East of Richmond Road and drains to South Creek via Werrington Creek at a point downstream of Dunheved Road and Werrington Road.  The Study was undertaken by Penrith City Council with the guidance and financial assistance from the NSW Office of Environment and Heritage.  The Study has been overseen by a Technical Working Group comprising members from Council, Consultants, the Office of Environment and Heritage and the NSW State Emergency Services.

 

The Study has been completed and the results of the Study were presented to the Floodplain Management Working Party on 7 November 2016 and to Floodplain Management Committee on 28 November 2016.

 

At its Policy Review Committee Meeting of 12 December 2016 Council resolved that:

 

“1.   The information contained in the report on College, Orth and Werrington Creeks Catchment Overland Flow Flood Study - Public Exhibition be received.

2.    The Final Draft College, Orth and Werrington Creeks Catchment Overland Flow Flood Study, November 2016 be endorsed for public exhibition for a period of not less than 28 days.

3.    A further report to be presented to Council on the results of the public exhibition of the Final Draft College, Orth and Werrington Creeks Catchment Overland Flow Flood Study, November 2016 addressing any submissions received during the exhibition period.”

 

Public Exhibition

The public exhibition of the Study (The Flood Study Report Volume 1 & Volume 2 were separately provided to Councillors and also were made available to the public on Council’s webpage) was held from 23 February to 30 March 2017. The Flood Study documents were exhibited at the following places:

 

1.   Council’s website www.Penrithcity.nsw.gov.au on the Have Your Say page.

2.   Penrith Library and Civic Centre Office.

3.   St Marys Library.

 

To provide the community further access to the Study, one community drop-in session including a presentation from the Consultant was also held at Harold Corr Community Centre, Werrington on 8 March 2017 between 6pm and 8pm.

 

In total 15 residents attended the community drop-in session.

 

As part of the exhibition process a Fact Sheet about the exhibition of the Study was prepared and distributed.

 

Various approaches were used to inform the community about the public exhibition of the Study.  These include:

 

·    Sent letters and Fact Sheets to all the residents within the catchment (approximately 8000 letters were sent out)

·    Placed newspaper advertisements in the local paper “The Western Weekender” on 16 February, 23 February and 2 March 2017

·    Council webpage

 

Eight (8) written submissions were received.  Summaries of the submissions together with Council’s responses are detailed below.

 

Submissions

Submission 1

The writer is questioning why the flood level at their property in Stafford Street, Kingswood is higher than the flood level for the neighbouring properties.

 

Response to Submission 1

The Study is a detailed overland flow flood study that is based on the latest available topographic data, updated surveyed underground drainage network and hydraulic structures associated with the most contemporary flood modelling techniques that lead to better results of predicting overland flooding behaviours within the study area. As it is a local catchment overland flow, the flood level varies from property to property based on the land topography and the hydraulic gradient.

 

The preparation of the Study followed a rigorous floodplain management process and that the flood levels predicted are not only very accurate but it is acceptable in general and approved by the Technical Working Group.

 

Submission 2

The writer mentioned that during heavy rain there will always be flood as local creeks are all overgrown and require cleaning and maintenance.

 

Response to Submission 2

This enquiry is not related to this Study.  This matter will be referred to Council City Works unit for further investigation and action.

 

Submission 3

The writer is referring to the drainage line from Caddens Knoll to Kingscote Place Laneway to the cul-de-sac that creates a potential flooding in the street and over the property.  The writer requests for a review of the drainage capacity in this area to be undertaken in order to eliminate future flood during heavy rain similar to the event of the 9th of February 2012 where lack of adequate drainage caused problems.

 

Response to Submission 3

The Study has carried out a preliminary drainage capacity assessment.  The results show that the existing underground drainage network has a limited capacity.  A detailed review of the drainage system will be undertaken as part the subsequent Floodplain Risk Management and Plan Study.

 

Submission 4

The writer has raised the following queries and recommendations in relation to the flood study:

 

a)   An impressive study but why so few recommendations?

 

b)   The Study shows a lot of pit failures what is the council going to do about this?

 

c)   No account of new inflows from new subdivisions.

 

d)   What upgrades are the council going to carry out for the drainage system that is already at capacity?

 

e)   Recommend to have more ponding in the area would relieve pressure upstream and downstream as there would be less water rushing into the creek.

 

f)    Recommend to change the direction of stormwater channels so they go with the flow rather than trying to push against it.

 

g)   Recommend to modify the S bend in Werrington Creek just after Victoria St and behind the basketball complex to a long slow single bend.

 

h)   Request to clean the existing pits more regularly and downstream from the pits.

 

i)    Request to have more street sweepers and the cleaning program should happen straight after garbage collection so that there is less litter going into the stormwater system.

 

Response to Submission 4

a)   The Study proposed quantitative preliminary flood mitigation measures without any detailed investigation.  Further flood mitigation options to alleviate flooding problems within the study area will be discussed in the subsequent Floodplain Risk Management and Plan Study.

 

b)   The outcome of this study identify the inadequacy of pipe capacity in some locations. A detailed assessment for upgrading pit inlet capacity will be undertaken in the subsequent Floodplain Risk Management and Plan Study.

 

c)   The Study has assumed the areas under construction as fully developed and hence it considered inflows from these new major subdivisions. In principle, Council has a standard that there should be any excess in peak flow discharge from any new development.

 

d)   The feasibility for upgrading the drainage pipe line will be further investigated in the subsequent Floodplain Risk Management and Plan Study.

 

e)   The recommendation for providing more ponding within the study area is noted and will be considered in the subsequent Floodplain Risk Management and Plan Study.

 

f)    Noted. This will be considered as part of the Floodplain Risk Management Study & Plan.

 

g)   Noted. This will be considered as part of the Floodplain Risk Management Study & Plan.

 

h)   The matter will be referred to Council City Works unit for investigation and advice.

 

i)    The matter will be referred to Council City Works unit for investigation and advice.

 

 

Submission 5

The writer raises the following matters in relation to their property at First Street, Kingswood:

 

a)   New developments erected adjacent to the property with 10 foot solid fence that causes flooding damage to the property garden flat during heavy rainfall.

 

b)   Request that the drainage system for new development to be better policed so no adverse impact on surrounding properties.

 

c)   Have the impact of new dwellings on existing neighbourhood been considered.

 

d)   Request an inspection for the properties with pools to ensure they have a proper drainage system and they are not discharging excess water into adjoining properties lying on the lower end of their property.

 

Response to Submission 5

Council’s flood liable lands policy is aligned with the State Government’s Floodplain Development Manual 2005 guidelines and aims to reduce the impacts of flooding and to control developments within the flood prone lands.  Based on this, Council assesses each individual development on a merit basis in order to ensure that the development meets Council’s flood planning requirements.

 

All development proposals will go through Council’s development assessment process and must meet Council’s flood planning requirements.  Any development proposal in the study area will be assessed on its merits and decision made by Council.

 

With regard to the inspection of the properties with pools this matter will be referred to Council Environmental Health and Compliance unit for further review and action.

 

Submission 6

The writer requests to increase the existing stormwater capacity and also increase the water storage facilities for Stapley Street, Kingswood. This will assist with on street drainage and reduce the impact of upstream flooding.

 

Response to Submission 6

The subsequent Floodplain Risk Management Study and Plan will consider the option of stormwater drainage upgrade and any detention storage.

 

Submission 7

The writer is referring to the letter and the questionnaire that was sent as part of the community consultation process in the early stage of the study during October and November 2015.  The writer expresses her disappointment as she was unable to fill-in the questionnaire on line.

 

Response to Submission 7

The community consultation process for the Study was undertaken between October and November 2015 and it was closed on 27 November 2015.  A copy of the questionnaire was left on line for reference only.  We have contacted the applicant and clarify the matter as the current letter is referring to the public exhibition of the Study.

 

Submission 8

The writer has submitted a series of photos showing the flooding in Werrington area between Werrington Road Levee and Werrington Earthen Levee for the 2016 flood event.

 

Response to Submission 8

A copy of these photos will be attached as a separate appendix to the final flood study report.

 

Additional Submission

 

The number of inundated properties in Table 15 on Page 62 are required to be updated to rectify the multiple counting of some properties.  For example, property that was covered by two inundation polygons was counted twice and a property that was traversed by three inundation polygons was counted three times.  Previously the number showing in Table 15 are overestimating the number of inundated properties.  Therefore, the “inundated properties” layer needs to be revised to remove the duplicates and prepare the final inundated property numbers presented in Table 15 (i.e., the number of inundated properties in the updated table has reduced).  A copy of the old table (Attachment 1) and new table 9Attachment 2) is attached to this report.

 

Key Implications

 

The adoption of the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016 presents Council with contemporary flood information. This information necessitates a review of flood planning levels and associated property notations.

 

(a)  Future Flood Planning Levels

Once the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016 has been adopted by Council all future flood planning activities within College, Orth and Werrington Creeks Catchment will be based on the results of this Flood Study.  All flood study results (flood levels and flood extents) based on previous studies will be superseded by the results of the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016.

 

(b) s149 Flood Planning Notations

With the adoption of the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016, the s149 flood planning notations need to be updated for all the properties affected by the Study flood planning area.  In total 1754 properties where identified to be affected by the Study flood planning level and hence their s149 planning notations need to be updated.

 

Presently for part of the College, Orth and Werrington Creeks Catchment s149(2) flood planning notations are applied based on various flood information including the South Creek Floodplain Management Study 1991 (prepared by the Department of Water Resources).  Property notations based on this existing flood information has resulted in approximately 445 properties affected by the FPL (Flood Planning Level), having s149 notations presently applied to their property information.  Based on the flood information currently available (this Study), we now expect that approximately 1309 properties will be added to those properties already noted.  The Study also provides Council with detailed flood information pertaining to a range of flood events up to the Probable Maximum Flood (PMF), however Council presently does not have a practice of noting PMF on property information.

 

In consultation with Council’s Planning and Legal Departments the s149 flood planning notations for those 1309 properties have been updated when the Study was placed on public exhibition.

 

(c)  Floodplain Risk Management Study and Plan

 

The results of the Study will inform the (next stage) development of a Floodplain Risk Management Plan for the College, Orth and Werrington Creeks Catchment; to address the existing and future flood risks.

 

In accordance with the NSW Government’s Floodplain Development Manual, it is planned to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan.  For this purpose, Council has planned to apply for grant funding from the NSW Government under its Floodplain Management Program 2018/19.

 

Conclusion

The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 which was exhibited for public comment from 23 February to 30 March 2017, and received Eight (8) submissions.  The majority of the submissions raised clarifications at a local level but generally raised no objection to the results of the Flood Study such as flood levels or flood extends. As a results of the public exhibition only a minor amendment to the flood study report exhibited (Table 15, page 62) is required as detailed in the body of this report.

 

The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 (The Flood Study Report Volume 1 & Volume 2 were separately provided to Councillors and also are made available to the public on Council’s webpage) is now ready for the consideration by Council for formal adoption.

 

The College, Orth and Werrington Creeks Catchment Overland Flood Study November 2016 has been completed in accordance with the NSW Government’s Floodplain Development Manual. The information presented through the Study provides the most accurate and contemporary flood information to assist Council meet its floodplain management obligations. It is recommended that the Study be adopted.

 

RECOMMENDATION

That:

1.    The information contained in the report on College, Orth and Werrington Creeks Catchment Overland Flow Flood Study be received.

2.    The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be adopted.

3.    The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website.

4.    Council update s149 (2) flood planning notations by including properties identified by the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

5.    Council write to those who made a submission advising of Council’s resolution.

 

ATTACHMENTS/APPENDICES

1.

College, Orth and Werrington Creeks Catchment - Old Table 15 page 62

1 Page

Attachments Included

2.

College, Orth and Werrington Creeks Catchment - Updated Table 15 page 62

1 Page

Attachments Included

3.

Overland Flow Flood Study - Volume 1

469 Pages

Attachments Included

 Under Separate Cover (Website)

4.

Overland Flow Flood Study - Volume 2 - Part 1

200 Pages

Attachments Included

 Under Separate Cover (Website)

5.

Overland Flow Flood Study - Volume 2 - Part 2

200 Pages

Attachments Included

 Under Separate Cover (Website)

6.

Overland Flow Flood Study - Volume 2 - Part 3

41 Pages

Attachments Included

 Under Separate Cover (Website)

  


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

8

Little Creek Catchment Overland Flow Flood Study   

 

Compiled by:               Elias Ishak, Senior Engineer Stormwater

Ratnam Thilliyar, Engineering Stormwater Supervisor

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

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

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual, Council has undertaken a detailed overland flow flood study for the Little Creek Catchment.  The Final Draft Little Creek Catchment Overland Flow Flood Study November 2016 (the Study) was placed on public exhibition from 23 February to 30 March 2017 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition. The report recommends that the Study be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas.  Under the Policy the management of flood prone land remains the responsibility of Local Government.  Policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.

 

The State Government, under its policy, provides technical advice and in some instances financial support to councils to manage their floodplains.

 

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains.  In 2006, Council undertook an “Overland Flow Flood Overview Study” for the entire Penrith Local Government Area.  This study identified all major overland flow paths, provisional flood hazard for properties at risk of flooding, rank catchment areas in terms of severity of flooding. This study also assists Council in prioritising catchment areas to undertake detailed flood studies. The Little Creek Catchment was identified as one of the highest priority catchment from the 2006 report, requiring a detailed overland flow flood study and a floodplain risk management plan to effectively manage overland flows.

 

Little Creek is a tributary of the South Creek that drains about 4.8 km2 into South Creek west of Forrester Road. The study catchment is located between Motorway (M4) and Christie Street covering areas of Colyton, Oxley Park, St Marys and North St Marys.  The catchment has a number of major overland flow paths south of Railway Line, the open channel north of Railway Line downstream of Kurrajong Road, numerous pits and pipes and detention basins.  The study area is highly urbanised with a mix of residential, commercial and industrial properties including educational institutions such as Oxley Park Public School and Colyton High School.  The catchment experienced severe flooding in the past particularly in August 1986 and October 1987. These floods caused considerable damages to residential properties.  After these flood events, Council implemented some flood mitigation measures including construction of Oxley Park and Colyton High School Detention Basins to reduce the flooding problems.

 

This Study was undertaken by Penrith City Council with the guidance and financial assistance from the NSW Office of Environment and Heritage.  The Study has been overseen by a Technical Working Group comprising members from Council, Consultants, the Office of Environment and Heritage and the NSW State Emergency Services.

 

The Study has been completed and the results of the Study were presented to the Floodplain Management Working Party on 7 November 2016 and to Floodplain Management Committee on 28 November 2016.

 

At its Policy Review Committee Meeting of 12 December 2016 Council resolved that:

 

“1.   The information contained in the report on Little Creek Catchment Overland Flow Flood Study - Public Exhibition be received.

2.    The Final Draft Little Creek Catchment Overland Flow Flood Study, November 2016 be endorsed for public exhibition for a period of no less than 28 days.

3.    A further report to be presented to Council on the results of the public exhibition of the Final Draft Little Creek Catchment Overland Flow Flood Study, November 2016 addressing any submissions received during the exhibition period.”

 

Public Exhibition

The public exhibition of the Study (The Flood Study Report Volume 1 & Volume 2 were separately provided to Councillors and also was made available to the public on Council’s webpage) was held from 23 February to 30 March 2017. The Flood Study documents were exhibited at the following places:

 

1.   Council’s website www.Penrithcity.nsw.gov.au on the Have Your Say page.

2.   Penrith Library and Civic Centre Office.

3.   St Marys Library.

 

Furthermore, a community drop-in session including a presentation from the Consultant was also held at Ridge Park Hall, Oxley Park on 7 March 2017 between 6pm and 8pm.

 

In total 5 residents attended the community forum.

 

As part of the exhibition process, a Fact Sheet about the exhibition of the Study was prepared and distributed.

 

The following approaches were used to inform the community about the public exhibition of the Study;

 

·    Sent letters and Fact Sheets to all the residents within the catchment (approximately 3000 letters were sent out);

·    Placed newspaper advertisements in the local paper “The Western Weekender” on 16 February, 23 February and 2 March 2017; and

·    Council webpage;

 

Four (4) written submissions were received.  Summaries of the submissions together with Council’s responses are detailed below.

 

Submissions

Submission 1

The writer questioned why his property is in the highest point in Richard Street, Colyton but is included in the study area while other properties along Richard and Rebecca Streets that are much lower were not considered.

 

Response to Submission 1

The study area boundaries are defined based on the terrain topography and the catchment hydrology taking into considerations all the hydraulic controls e.g. roads, railway, basins etc.  Richard Street is located on the ridge line where properties along the street are located in two different catchments hydrology and hence into two different study areas.

 

The accuracy of the Study catchment boundary and the results are still valid. The writer does not have any objection to the Study or its results.

 

Submission 2

The writer requested further explanation about how the study area is defined as his property is located on the highest point along Carpenter Street.  The writer asked why he received the letter from Council.

 

Response to Submission 2

The study area boundaries are defined based on the topography of the land and the catchment hydrology taking into considerations all the hydraulic controls e.g. roads, railway, basins etc.  Carpenter Street is located on the ridge line where properties along the street are located in two different catchment hydrology and hence into two different study areas.  Also explained that the letter received from Council was sent out to all the residents within the study area informing them that the study is completed and is placed on the public exhibition.

 

The accuracy of the Study catchment boundary and the results are still valid. The writer does not have any objection to the Study or its results.

 

Submission 3

The writer is claiming that the overland flow flood study is a “farce” and nothing more than the government plan to devalue the property and increase the rates.

 

Response to Submission 3

The Study is a detailed overland flow flood study. It is based on the latest available topographic data, updated surveyed underground drainage pipes and hydraulic structures associated with the most contemporary flood modelling techniques which produces the  best results for estimating overland flooding behaviours within the catchment area.  The Study has been undertaken under the floodplain management process and in accordance with the NSW Government’s Flood Policy and the NSW Government’s Floodplain Development Manual.  

 

Submission 4

This is an internal submission from Council’s Place Management Department (PMD).  The submission is related to the impact of flooding on the industrial properties in the southern and eastern precincts of the Dunheved Business Park (DBP).  The PMD support the “Little Creek Catchment Overland Flow Flood Study” findings as it reasonably reflects the nature and extent of flooding in the DBP.

 

It is noted that anecdotal evidence from business and property owners concurs with the mapped flood affectation areas such as the north-western end of Lee Holme Road especially around the Corinthian Doors site at 21-35 Lee Holme Road and the western end of Christie Street.  The Study shows that even in the 1in 5 year flood there is significant flood impact on certain properties in South Dunheved Business Park.

 

The Place Management Department requests that the preparation of the “Little Creek Flood Risk Management Study and Plan” address these existing flood problems with new drainage works to enhance drainage capacity of the stormwater system.  The PMD emphasise that the new drainage solutions for the catchment should not be at the expense of additional flooding of the DBP.  A reduction of the flood impact on these properties is required to maintain jobs and industrial productivity during flooding episodes.

 

In particular, the PMD discussions identified areas on the western side of Lee Holme Road between Warrior Place and Christie Street and land in the far north west corner of the catchment fronting Christie Street as the areas requiring detailed attention in the preparation of the flood management study and plan.

 

Response to Submission 4

The Study is a detailed overland flow flood study that is based on the latest available topographic data, updated surveyed underground drainage network and hydraulic structures associated with the most contemporary flood modelling techniques that lead to better results of predicting overland flooding behaviours within the study area.

 

Under the floodplain management process, the Floodplain Risk Management and Plan Study (FRM&P) will be undertaken subsequently. The FRM&P will consider / investigate various flood mitigation measures including drainage upgrade to mitigate the flooding problem within the whole study area including the Dunheved Business Park.

 

Key Implications

 

The adoption of the Little Creek Catchment Overland Flow Flood Study 2016 presents Council with contemporary flood information. This information necessitates a review of flood planning levels and associated property notations.

 

(a)  Future Flood Planning Levels

Once the Little Creek Catchment Overland Flow Flood Study 2016 has been adopted by Council all future flood planning activities within Little Creek Catchment will be based on the results of this Flood Study.  All flood study results (flood levels and flood extents) based on previous studies will be superseded by the results of this “Little Creek Catchment Overland Flow Flood Study- 2016”.

 

(b) S149 Flood Planning Notations

With the adoption of the Little Creek Catchment Overland Flow Flood Study 2016, the S149 flood planning notations need to be updated for all the properties affected by the Study flood planning area.  In total 712 properties where identified to be affected by the Study flood planning level and hence their S149 planning notations need to be updated.  The Study also provides Council with detailed flood information pertaining to a range of flood events up to the Probable Maximum Flood (PMF). However, Council presently does not have a practice of noting for PMF on property information.

 

In consultation with Council’s Planning and Legal Departments the S149 flood planning notations for those 712 properties have been updated when the Study was placed on public exhibition.

 

(c)  Floodplain Risk Management Study and Plan

The results of the Study will inform the (next stage) development of a Floodplain Risk Management Plan for the Little Creek Catchment to address the existing and future flood risks.

 

In accordance with the NSW Government’s Floodplain Development Manual, it is planned to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan.  For this purpose, Council has planned to apply for grant funding from the NSW Government under its Floodplain Management Program 2018/19.

 

Conclusion

The Little Creek Catchment Overland Flow Flood Study November 2016 which was exhibited for public comment from 23 February to 30 March 2017 received Four (4) submissions.  The majority of the submissions raised clarifications at a local level but generally raised no objection to the results of the Flood Study such as flood levels or flood extends.  No amendments to the flood study report exhibited are required.

 

The Little Creek Catchment Overland Flow Flood Study November 2016 (The Flood Study Report Volume 1 & Volume 2 were separately provided to Councillors and also was made available to the public on Council’s webpage) is now ready for the consideration by Council for formal adoption.

 

The Little Creek Catchment Overland Flood Study November 2016 has been completed in accordance with the NSW Government’s Floodplain Development Manual. The information presented through the Study provides the most accurate and contemporary flood information to assist Council meet its floodplain management obligations. It is recommended that the Study be adopted.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Little Creek Catchment Overland Flow Flood Study be received.

2.    The Little Creek Catchment Overland Flow Flood Study November 2016 be adopted.

3.    The Little Creek Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website.

4.    Council update s149 (2) flood planning notations by including properties identified by the Little Creek Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

5.    Council write to those who made a submission advising of Council’s resolution.

 

 

 

ATTACHMENTS/APPENDICES

1.

Little Creek Overland Flow Flood Study Final Draft - Volume 1

105 Pages

Attachments Included

 Under Separate Cover (Website)

2.

Little Creek Overland Flow Flood Study Final Draft - Volume 2 - Part 1

100 Pages

Attachments Included

 Under Separate Cover (Website)

3.

Little Creek Overland Flow Flood Study Final Draft - Volume 2 - Part 2

69 Pages

Attachments Included

 Under Separate Cover (Website)

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

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

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

9        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18                                                                                                                            77

 

10      Update on NSW Government Fire and Emergency Services Levy                                80

 

11      Organisational Performance and Financial Review - March 2017                                  87

 

12      Summary of investments & Banking for the period 1 April to 30 April 2017                   93

 

 

 

 



Ordinary Meeting                                                                                                    22 May 2017

 

 

 

9

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Support the organisation to meet corporate statutory obligations

      

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW. Section 239 of the Local Government Act 1993 requires the Tribunal to determine the categories of Councils and Mayoral Offices once every three years.

 

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent is warranted. The report recommends that the fees payable to the Mayor and Councillors for 2017-18 be set at the maximum level permitted.

 

This year the Tribunal also reviewed the categorisation of councils and has made a number of changes. Council made a strong submission to the Tribunal which has resulted in Council maintaining the equivalent of its current category. Details of the submission that Council made with respect to the review of categories will also be detailed in the report.

 

Background

The Tribunal is constituted in accordance with the Local Government Act 1993. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each Category.

 

The Tribunal is required to make an annual determination by no later than 1 May each year, which takes effect from 1 July in that year. Section 239 of the Local Government Act 1993 also requires that the Tribunal must determine Categories of Councils and Mayoral offices at least once every 3 years.

 

In 2009, the Tribunal undertook a review of categories and found that there was no strong case to significantly alter the current categories of Mayoral offices and Councillor. The Tribunal did however decide to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” which indicates “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”. Council has maintained this category since 2009.

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

Current 2017 Review

On 28 November 2016 the Tribunal wrote to the Mayor and General Manager advising that the 2017 annual determination review process has commenced and invited councils to make submission with respect to categorisation structure and fees.

 

The Tribunal also met and sought a submission from Local Government NSW (LGNSW) to gain a broader industry perspective.

 

Local Government Remuneration Tribunal Determination for 2017-18

On 12 April 2017 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the period 1 July 2017 to 30 June 2018. A full copy of the Tribunal’s annual report and determination can be found attached to this report.

 

The Tribunal was required to review the existing categories and made a number of changes to the categorisation of councils. The primary change was to deal with geographic locations which resulted in Wollongong and Newcastle Councils being recognised as regional councils. As such this prompted a rethink of the categorisation of Parramatta Council which was grouped into the new category of Major CBD. Penrith Council was placed in the category of Metropolitan Large. The Tribunal has highlighted that the primary driver for categorisation now is population with councils in this category having a population of over 200,000, and as such unlike in previous years where Blacktown and Penrith Council were in their own category due to other significant factors, a number of other councils have been included in this new category. Further details of the rationale behind the determination can be found in the attached Tribunal report.

 

After taking into consideration the key economic indicators including the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent was also appropriate.

 

Council’s Submission

 

Council officers prepared a strong submission to the Remuneration Tribunal earlier this year. In essence the Council’s submission proposed that based on Council’s recognised strategic position in the region, the complexity of the matters that are being considered and the exponential growth expected into the future that a new category should be established called Metropolitan Major – Growth Centre. It was contended that this category would recognise the unique status of Penrith City Council in the region, in the absence of this new category the submission put forward that Council be placed in the Metropolitan Large category and remunerated at the same level as Major CBD (Parramatta City Council).

 

Council as it has done for a number of years again put forward the notion that Mayors and Councillors should be remunerated as a percentage of a MP’s remuneration. Council also raised the idea that the role of the Deputy Mayor needs to be recognised and the ability to pay a fee accordingly should be established.

 

It is pleasing again that the Council has maintained its categorisation in line with previous determinations and that the Tribunal has recognised the increasing complexities and responsibilities that are borne by councillors in passing on the full 2.5% increase permissible under government policy. However, it is disappointing that a number of the other suggestions put forward by Council have not been incorporated by the Tribunal in their determination. It is open for Council to consider whether other advocacy measures should be undertaken in this regard.

 

Mayor and Councillor Fees for 2017-18

The Council’s Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”. In respect of the Deputy Mayor the Council’s Policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

 

The Tribunal does not set a fee for a Deputy Mayor; however, it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

 

It has also been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2017-18 are based on this practice continuing.

 

The Tribunal has determined the following range of fees for the Category of “Metropolitan Large” Councils (Blacktown, Canterbury-Bankstown, Cumberland, Fairfield, Liverpool, Northern Beaches, Penrith and Sutherland):

 

Councillor Annual Fee – Minimum $17,540 & Maximum of $28,950

Mayor Additional fee* - Minimum $37,270 & Maximum of $84,330

 

*This fee must be paid in addition to the Mayor as a Councillor

 

Conclusion

 

In light of the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2017-18 be set at the maximum level determined by the Tribunal.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18 be received.

2.     The fees payable to the Mayor and Councillors for 2017-18 be set at the maximum level permitted.

 

 

ATTACHMENTS/APPENDICES

1.

Local Govenment Remuneration Tribunal Annual Report and Determination 2017

25 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

10

Update on NSW Government Fire and Emergency Services Levy   

 

Compiled by:               Matthew Saunders, Rates Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager 

Requested By:            Councillor Kevin Crameri OAM

Councillor Karen McKeown

 

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report provides an update on the NSW Government Fire & Emergency Services Levy (FESL) to be paid by ratepayers from 1 July 2017 and the continuation of the Council’s 11.7% contribution towards the Emergency Services funding.

 

Background

 

Prior to the current reforms that take effect from 1 July 2017 the Emergency Services were being funded through State contributions (14%), Local Government contributions (11.7% / $1,842,937 in 2017-18) and levies attached to privately held insurance, mainly for building and contents insurance policies (74.3%).

In December 2015, the then NSW Treasurer announced that the insurance funding of these services would cease from June 2017. This funding would be replaced by a Fire and Emergency Services Levy (formerly known as the Emergency Services Property Levy) to be levied and collected by Local Councils from property owners on a separately identified line within their Rate Notice. Levies collected are to be remitted by councils to the Government on a quarterly basis.

Once the FESL is introduced, the State Government contributions will decline to 7%, the FESL will fund 81% and Local Government will continue to contribute 11.7%. The increase in the contribution to 81% is argued by the NSW Government to effectively relate to capturing those property owners that were previously uninsured or underinsured in the past model.

 

In 2015, The Treasurer had stated the “average” ratepayer would be charged around $160 per annum for the levy, consisting of a fixed component plus an ad valorem rate based on the unimproved land value.  Recently this estimate rose to around $186.

 

The NSW Government intended that this new levy will be a fairer system to fund NSW’s Fire and Emergency Services and move NSW into line with all other mainland states. Victoria abolished its insurance-based fire services levy and introduced a property levy in July 2013 - a reform prompted by recommendations of the Royal Commission into the 2009 bushfires in Victoria with the goal of reducing the level of under-insurance.

Currently, in NSW only insured property owners contribute directly to the Fire and Emergency Services. Under the FESL, all property owners will contribute. The reform aims to help reduce high levels of underinsurance across the State. NSW currently has the highest rate of non-insurance of all states. Removal of the old Emergency Services Levy (ESL) from insurance policies will help make insurance more affordable, allowing people to protect their properties from fire, floods, storms and other natural disasters.
The most recent data from the Australian Bureau of Statistics indicates 36% of NSW households do not have contents insurance, compared with an average of 25% for other States where the insurance levy has been abolished.

Revenue raised from the FESL will go to the State Emergency Service, Rural Fire Service and Fire and Rescue NSW. The proposed reforms have been promoted as budget neutral for the NSW Government and will not in any way adversely impact funding to these agencies.

A vast majority of fully-insured residential property owners are expected to be better off under the proposed FESL, with an average saving of around $47 per year. It is anticipated that the average insurance policy will be $233 lower with the removal of the Insurance Levy and the average levy to be paid under the FESL to be around $186.   Levy Discounts of $50.00 will also be available for pensioners.

 

The NSW Government has and will provide up-front and continued funding to Councils to implement and maintain the collection of the FESL.

 

Legislation

 

The legislation to repeal the Insurance based Levy and replace it with a Fire & Emergency Services Levy was passed by the NSW Parliament on 4 April 2017. The levy amounts to be paid under the FESL were published in the NSW Government Gazette on 28 April 2017.

 

The Government has also appointed Professor Allan Fels AO as Emergency Services Levy Insurance Monitor to ensure that insurers pass on the cost savings from the removal of the ESL on insurance policies, to consumers. Professor Fels has the power to seek pecuniary penalties from Insurance Companies of up to $10 million for unreasonable prices from now through to 31 December 2018. Professor David Cousins AM will also be appointed as Deputy Monitor.

 

Property Classifications for the FESL

 

Properties will be classified for purposes of the FESL according to their dominant use into one of the following classifications as the levy payable will depend on the classification:

1.   Government Land (exempt from the levy)

2.   Public Benefit Land

3.   Farmland

4.   Residential Land (vacant and non-vacant)

5.   Industrial Land (vacant and non-vacant)

6.   Commercial Land (vacant and non-vacant)

Property owners have now been advised of their FESL Classification by way of a classification notice that was issued with the 4th instalment notices at the end of April, or by a stand-alone notice where the rates were already paid in full for the financial year (so no 4th instalment notice was issued).

 

How the Levy will be charged

 

The FESL will be a charge payable on all land other than Government land, except in certain cases where the Government land is the subject of a lease. Government land will be exempt as NSW State and Local Governments already directly contribute to the annual costs of the State’s Emergency Services and NSW does not have the power to tax the Commonwealth.

 

The levy contains two components as follows:

 

·    A Fixed component – a single amount per property, regardless of land value as follows according to the property’s classification:

Residential - $100

Residential Vacant - $50 (50% of Residential Rate)

Public Benefit - $100

Farmland - $200

Industrial - $200

Industrial Vacant - $100 (50% of Industrial Rate)

Commercial - $200

Commercial Vacant - $100 (50% of Commercial Rate);

 

Plus:

·    An Ad Valorem component – a variable amount per property, calculated by multiplying the ad valorem rate by the unimproved land value as follows:

 

Residential – 0.000219 (equates to $21.90 per $100,000 land value)

 

Residential Vacant – 0.0001095 (50% of Residential Rate – equates to $10.95 per $100,000 land value)

 

Public Benefit - 0.000219 (equates to $21.90 per $100,000 land value)

 

Farmland – 0.000235 (equates to $23.50 per $100,000 land value)

 

Industrial -  0.002687 (equates to $268.70 per $100,000 in land value)

 

Industrial Vacant – 0.0013435 (50% of Industrial Rate – equates to $134.35 per $100,000 land value)

 

Commercial – 0.001791 (equates to $179.10 per $100,000 in land value)

 

Commercial Vacant – 0.0008955 (50% of Commercial Rate – equates to $89.55 per $100,000 land value)

 

 

 

Sample Levies by land value for non-vacant properties (vacant properties will be 50% of the non-vacant levy)

 

The table below shows sample levies for the stated land value for the different classifications.

 

 

Land Valuation/ Total FESL Levy Payable for Non-Vacant Properties

Classification

     100,000

     300,000

     500,000

     700,000

     900,000

  1,000,000

Residential

       121.90

       165.70

       209.50

       253.30

       297.10

       319.00

Farmland

       223.50

       270.50

       317.50

       364.50

       411.50

       435.00

Industrial

       468.70

    1,006.10

    1,543.50

    2,080.90

    2,618.30

    2,887.00

Commercial

       379.10

       737.30

    1,095.50

    1,453.70

    1,811.90

    1,991.00

Public Benefit

       121.90

       165.70

       209.50

       253.30

       297.10

       319.00

Government

Exempt

 

 

Pensioners will receive a flat $50.00 discount off the combined total of the base levy plus the ad valorem component, irrespective of the proportion of ownership of the pensioner. This will be on top of the $250 rebate towards their rates and domestic waste charges and the $25 exemption (or $12.50 for a strata property) from the Stormwater Management Service Charge.

 

Land values used for calculation of the FESL will be the same as those determined by the Valuer-General for rates. Where Councils levy rates on a lower valuation, such as arises in the case of a heritage valuations and postponed rates, this lower valuation will be used for the purpose of the FESL.

 

Each year the FESL rates will be announced no later than 30 April, commencing in 2017. The levy will change each year with the base amount being indexed by CPI each financial year, and the ad valorem component to be adjusted accordingly depending on the budgeted costs of the Fire and Emergency Services, and changes to NSW land values.

 

Amounts to be payable by Penrith City Council Ratepayers

 

Calculations of the FESL amounts to be paid by Penrith City Council ratepayers have been carried out by Council officers. The average amounts payable for each classification are as follows:

 

All properties: $285

 

Residential : $169

 

Public Benefit: $431

 

Farmland: $767

 

Industrial: $3,250

 

Commercial: $1,855

 

Pensioners: $120

 

To date the information released by the NSW Government stated that the average estimated residential FESL was to be around $186 so residential ratepayers on average in Penrith are below this average.

 

Average levy for residential properties by suburb

 

This table shows the average levy to be paid by residential property owners by suburb, sorted by lowest levy to the highest levy:

 

Suburb Name

Number of properties

Average FESL

WERRINGTON

1664

139

ST MARYS

4464

149

KINGSWOOD

3333

150

COLYTON

2744

153

CAMBRIDGE PARK

2364

153

NORTH ST MARYS

1073

154

PENRITH

5039

155

JAMISONTOWN

1968

157

JORDAN SPRINGS

2588

157

OXLEY PARK

1125

158

SOUTH PENRITH

4186

158

WERRINGTON DOWNS

1114

159

CAMBRIDGE GARDENS

694

159

EMU PLAINS

2849

160

CLAREMONT MEADOWS

1576

160

EMU HEIGHTS

1095

163

CRANEBROOK

4896

164

WERRINGTON COUNTY

1246

164

ST CLAIR

6365

166

GLENMORE PARK

7646

170

ERSKINE PARK

1992

172

LEONAY

894

177

REGENTVILLE

288

181

WALLACIA

415

187

CADDENS

387

208

LONDONDERRY

1085

263

MULGOA

560

265

LUDDENHAM

374

266

AGNES BANKS

132

276

CASTLEREAGH

352

303

LLANDILO

431

311

BERKSHIRE PARK

295

315

ORCHARD HILLS

552

325

MOUNT VERNON

321

332

BADGERYS CREEK

4

388

KEMPS CREEK

99

523

 

 

Comparison of the new FESL to the old Insurance Levy

 

Unfortunately there is no way for Council to compare the old levy paid by ratepayers on their insurance as there was no set formula applied to the insurance levy. NSW Treasury advised that the levy collected by the insurance companies was not done by a set common formula among insurers.

 

Ratepayers will therefore have to compare the levy they paid on all of their insurance products (not just their home insurance) to be able to compare if they are paying more or less under the FESL. The following insurance products that had an insurance levy were:

 

·      Home building insurance

·      Home contents insurance

·      Motor insurance

·      Commercial property (fire & ISR)

·      Personal effects

·      Motorcycle

·      Marine

·      Baggage

·      Crop (for fire & hail)

·      Livestock

 

NSW Treasury advises that residential property insurance should drop by up to 20% with commercial property insurance to drop by up to 30%.

 

Council Contribution towards Emergency Services Funding (11.7%)

 

Although Council will now be collecting the FESL paid by ratepayers, Councils will still be required to continue to contribute funding towards the Emergency Services funding by a 11.7% contribution, as was previously done whilst the insurance based levy was in place.

 

Although ratepayers will directly pay the levy with their FESL contribution, they will also be paying indirectly through the General Revenue funded contribution of 11.7% that will continue to be paid by Council.

 

NSW Treasury has now released details of Councils contribution in 2017-18 with a total amount of $1,842,937 to be paid to the emergency Services as follows:

 

NSW Rural Fire Service:  $383,557

NSW State Emergency Service: $310,110

Fire & Rescue NSW: $1,149,270

TOTAL: $1,842,937

 

During the FESL implementation review process process, Local Government NSW (LG NSW), the peak body for Councils in NSW, advocated for the 11.7% contribution by Councils to be abolished at the same time that the FESL was to be introduced, however this has been rejected by the NSW Government. LG NSW have advised they will continue to lobby the NSW Government for the Council contribution be removed in the future.

 

In requesting this report Councillor Kevin Crameri OAM has asked that Council consider requesting the NSW Government reconsider the formula for the calculation of the FESL and for the introduction of a cap for the levy.

 


 

Next Steps for Penrith City Council

 

All property owners have been advised of their classification and provided information published by the NSW Government. The NSW Government has also started a multi-channel marketing campaign with the slogan “It isn’t new, It’s just fairer”.

 

Council Officers will continue to classify new properties until 1 July 2017 when the FESL charges will be first levied on properties. Property owners will receive the Rates Notice in mid-July with the FESL charge shown as a separate line item on their rates notice. NSW Treasury have advised that they are developing another information flyer for councils to include with the Annual Rates and Charges notices in July.

 

After 1 July 2017, Council will remit any payments made by ratepayers towards the FESL to the NSW Government via the NSW Office of State Revenue on a quarterly basis, with the first payment and reconciliation due to the OSR on 30 September 2017, and then every three months.

 

Council’s 11.7% contribution will continue to be remitted on a quarterly basis with the first payment also due on 30 September 2017, and then every three months.

 

 

RECOMMENDATION

That the information contained in the report on Update on NSW Government Fire and Emergency Services Levy be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

11

Organisational Performance and Financial Review - March 2017   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Budget Accountant

Craig Shephard, Corporate Planning Coordinator

Authorised by:            Andrew Moore, Chief Financial Officer   

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program 2013-17 and annual Operational Plan 2016-17, and focuses on the period of 1 January to 31 March 2017. The report should be read in conjunction with the attached Organisational Performance and Financial Review – March 2017, which records significant variations, reserve movements, proposed revotes, contracts and consultancies, cash and investments position, income & expenses by program and our progress in implementing the organisation’s operating and capital projects for 2016-17.

 

At 31 March 2017, 94% projects (Capital and Operational) were ‘on target’ or ‘completed’.

 

The Council adopted a balanced budget for 2016-17, the March Quarterly Review has resulted in a surplus for the quarter of $61,672 and for the full year of $149,441.

 

This report recommends that the Organisational Performance and Financial Review – March 2017 is received, and that the revised budget estimates identified in the report and detailed in the attached Organisational Performance and Financial Review– March 2017 be adopted.  

Organisational Performance Summary

The Organisational Performance and Financial Review provides information on Council’s progress, achievements and challenges for the three-month period between 1 January 2017 to 31 March 2017.

 

Table 1 provides a performance summary, which demonstrates overall that Council is successfully delivering its projects as planned for 2016-17. 

Table 1

Completed

On Target

Attention Required / Revote Requested

Total

No

%

No

%

No

%

No

Capital Projects

58

37

89

58

8

5

155

Operating Projects

31

23

98

72

7

5

136

Totals

89

30

187

65

15

5

291

 

 

As shown in the table above, 15 capital and operating projects require attention or require a revote. Detailed comments, including proposed remedial actions, are outlined in the Exception Report which forms part of the attached Organisational Performance Report – March 2017.

Organisational Highlights

Council’s programs and services delivered a number of significant achievements during the past three months such as:

 

·    Customer Contact Centre achieved a service level rating of 82% together with satisfaction levels of 68.8% for February and 74% for March for people calling to report a problem

·    The "Spark your City after Dark" web page was created to support the city centre night time economy.

·    67 car spaces have been reinstated for use at the Allen Place car park, with an additional 23 new spaces built in the ramp footprint after removal of the ramps.

·    All graffiti removal jobs are being completed within 3 business days while delivering over $200,000 annual savings to Council by not needing to utilise the services of external graffiti removal contractor(s).

·    Council actively participated in the Western Sydney City Deal negotiations and activities, and attended a KPMG facilitated workshop where eight Western Sydney Councils were represented.

Financial Position Summary

Council forecasted a balanced budget in the adoption of the 2016-17 Operational Plan, which included a number of allocations to Reserves. As previously reported to Council, the six-monthly result to December 2016 was a projected surplus of $87,769 for the full year with variations in the first six months being mainly positive variations to the original budget.

 

The March quarter again presents a positive result with a revised end of year projected budget surplus of $149,441. This result comprises mainly positive variations to the original budget, with the most notable for the March Quarter being additional interest income on investments ($150,000), rates income ($63,357), and street lighting subsidy ($20,000). These net positive variances have provided Council with the capacity to allocate additional funds ($100,000) to the repair of Blaxland Crossing Bridge project which is being undertaken in conjunction with Wollondilly Shire Council. Penrith City Council is in agreement to contribute 50 percent of the repair costs incurred to complete the project.

 

Net organisational salary savings of $360,502 have also been identified in this quarter largely from staff vacancies. In keeping with Council’s adopted practice, these salary savings will be retained within the employee cost budget at this stage and not be reallocated until the end of the year to manage any budgetary risks throughout the year. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings will be transferred to the ELE Reserve as part of the June 2017 Review once provision for current year payments are made. 

 

The financial strategies developed over the past two years rely not just on the 2016-17 Special Rate Variation (SRV), but also on reform within the organisation’s processes, systems, procedures, culture and structure.  Reform in these areas has already commenced and will continue over the next 2-3 years.  The organisation aims to match the funds from the 2016-17 SRV with savings from better ways of doing things, harnessing technology improvements, implementing new systems and reviewing service delivery.  These savings will provide the capacity to continue to service our growing City ensuring the 2016-17 SRV funds are directed towards the City shaping and future-proofing priorities. The September and December 2016 Quarterly Reviews identified productivity savings of $2,391,067. In conjunction with the March 2017 Quarterly Review process, further productivity initiatives have been identified, investigated, confirmed and included in proposed budget adjustments for the quarter resulting in additional savings of $44,558 bring the total savings for 2016-17 to $2,435,625 which exceeds our target of $2,143,964.

In addition to these adjustments a total of $3.8m of capital and operating project revotes are proposed as a result of the March Quarter Review as the works are now not expected to be completed in the current financial year. Further details of significant proposed major variations are provided later in this report with all variations and revotes detailed in the attached Organisational Performance and Financial Review – March 2017.

 

This report recommends that the revised budget estimates, including revotes, identified in this report, and detailed in the attached Organisational Performance and Financial Review  – March 2017 be adopted.

Financial Position for the March quarter

The financial position of the Council for the quarter is outlined by providing information in compliance with the Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating budget projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

The revised 2016-17 budget positon is provided in the table below:

2016-17 Budget Position

$000s

Original Budget Position to June 2017

0

September 2016 Quarter Variations

60.4

December 2016 Quarter Variations

27.3

March 2017 Quarter Variations

0

March 2017 Quarter Variations

61.7

Revised Surplus/(Deficit) Budget Position to June 2017

149.4

 

As highlighted above, the projected cumulative result for the 2016-17 year as at March 2017 is a surplus of $149,441 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the Quarterly Review including whether the variation is favourable (F), unfavourable (U), or allocation (A). Further details together with all proposed variations, variations with no impact on available funds, revotes and reserve movements are detailed in the attached Organisational Performance and Financial Review – March 2017.

 

Quarterly Variations Proposed

 

Net Employee Costs

 

During the third quarter of 2016-17 salary savings have been realised primarily due to vacancies across a number of Departments.  The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual Departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects.  The salary savings, net of those being retained by departments, total $360,502.

 

It is proposed that as part of the March Quarterly Review that salary savings of $360,502 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for resignations and retirements. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Interest on Investments $150,000 F (10%)

 

When original budgets were prepared for this financial year, economists were forecasting interest rates would fall even lower than current levels. To date that has not eventuated so the return on Council’s investment portfolio is exceeding budget. The unrestricted portion of the portfolio has also remained higher than anticipated so the estimate for untied interest on investments has already been increased by $250,000 in the December review and a further increase of $150,000 is recommended for the March Quarterly Review.

 

Rates Income $63,357 F (0.05%)

The additional rates income is due to increased subdivision registration activity in late 2016 and early 2017. This income was predicted to be received in future years of Council’s LTFP and as such does not substantially increase Council’s financial capacity in future years.

 

Street Lighting Subsidy - $20,000 F (4.0%)

 

Council has been advised by the Roads & Maritime Services that the Traffic Route Light Subsidy Scheme (TRLSS) payment for 2016-17 will be $526,000. The subsidy payment is based on the last state-wide review of eligible street lighting inventory and is approximately 50% of costs, based on two reference lighting types in each electricity distribution utility region and a benchmark electricity contract

 

Repair of Blaxland Bridge Bearings (Contribution) $100,000 U (33.3%)

 

This variation is the result of revised project forecast final costs as provided by Wollondilly Shire Council. The repair of the Blaxland’s Crossing Bridge Bearings is a joint project whereby Penrith City Council is in agreement to contribute 50% of the incurred repair costs.

 

This increase is related to the cost of the variable Message Sign Board and its associated costs as well as including a provision for contingency. The project still represents a high value-for-money proposition with next to no impact on Council internal resources. Works are yet to commence so the project is not likely to be completed until the second half of 2018, hence an Operational Revote has been requested in this Quarterly Review.

Penrith Council’s Contribution to RFS Headquarters costs $43,834 U (42.0%)

 

The Rural Fire Services have expanded the Fire Control Centre to now include the Regentville Hall. In combination with increased technology and high usage of the facilities, the Zone Liaison Committee have acknowledged in their March 2017 meeting the need to increase the operational budget. The existing cost sharing arrangements agreed to by the Zone Liaison Committee is still in place with Blacktown and Fairfield councils paying 35% and 12% respectively.

 

Audit Fees $25,400 U (30%)

 

From 1 October 2016, the Audit Office of NSW has taken responsibility for Local Government audits. Council was subsequently advised that Penrith would be one of a select group of Councils to be audited in-house by the Audit Office (other audits have been contracted to external audit firms). The Audit Office invoices based on a cost recovery method. Initial advice received from the Audit Office indicates that Penrith’s audits will increase in cost over the previous audit provider. This increase in budget has been made to provide sufficient contingency to cover the cost of the Audit Office’s audit of Council.

 

Contribution to Emergency Services Management $24,672 U (1.3%)

 

The Ministry for Police and Emergency Services collects contributions on behalf of the Fire and Rescue NSW, the NSW Rural Fire Service, and the State Emergency Service under the provisions of the Fire Brigades Act 1989, the Rural Fires Act 1997, and the State Emergency Service Act 1989. Council's contribution for 2016-17 has now been announced at nearly $25,000 higher than budgeted.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance and Financial Review – March 2017. In addition to these adjustments a total of $3.8m of planned capital and operating projects are proposed for revote this quarter and a full listing can be found in the attachment.

Conclusion

The attached Organisational Performance and Financial Review – March 2017 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s challenging annual 2016-17 program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus of $149,441 being projected to June 2017.

 

The Organisational Performance and Financial Review – March 2017 will be placed on Council’s website, and will be available in hard copy on request.

 

RECOMMENDATION

That:

1.    The information contained in the report on Organisational Performance and Financial Review - March 2017 be received.

2.    The Organisational Performance and Financial Review - March 2017 as at 31 March 2017, including the revised estimates outlined in this report and detailed in the Organisational Performance and Financial Review – March 2017 be adopted.     

ATTACHMENTS/APPENDICES

1.

Organisational Performance and Financial Review - March 2017

52 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    22 May 2017

 

 

 

12

Summary of investments & Banking for the period 1 April to 30 April 2017   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report on the Summary of Investments & Banking for April 2017 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

This report provides a summary of investments for the period 1 April 2017 to 30 April 2017 and a reconciliation of invested funds at 30 April 2017.

 

The investment returns versus the benchmark as a percentage for April 2017 are:

·    Council portfolio current yield (including FRNs)          2.63%

·    90 day Bank Bill Swap rate (Benchmark)                    1.77%

 

The report recommends that the information contained in the report be received.

Background

Attached to this report is a Summary of Investments including Economic Commentary for April 2017, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for April 2017 and various Investment Summary and Investment Portfolio analysis tables and charts.

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2017.

 

Andrew Moore

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of investments & Banking for the period 1 April to 30 April 2017 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2017 to 30 April 2017 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2017 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Investments & Banking

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  22 May 2017

Appendix 1 - Summary of Investments & Banking

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 22 2017

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483)                                                                                  2

 

3        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road                                                                                              2

 

4        Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals                                        2

 

 

 

 

 


Ordinary Meeting                                                                                                    22 May 2017

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483) 

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        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

PCC_Line


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 May 2017

Report Title:            College, Orth and Werrington Creeks Catchment Overland Flow Flood Study

Attachments:           College, Orth and Werrington Creeks Catchment - Old Table 15 page 62

                                College, Orth and Werrington Creeks Catchment - Updated Table 15 page 62



Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - College, Orth and Werrington Creeks Catchment - Old Table 15 page 62

 

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Ordinary Meeting                                                                                                                  22 May 2017

Attachment 2 - College, Orth and Werrington Creeks Catchment - Updated Table 15 page 62

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 May 2017

Report Title:            Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18

Attachments:           Local Govenment Remuneration Tribunal Annual Report and Determination 2017



Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - Local Govenment Remuneration Tribunal Annual Report and Determination 2017

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 May 2017

Report Title:            Organisational Performance and Financial Review - March 2017

Attachments:           Organisational Performance and Financial Review - March 2017



Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - Organisational Performance and Financial Review - March 2017

 

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Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - Organisational Performance and Financial Review - March 2017

 

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Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - Organisational Performance and Financial Review - March 2017

 

 

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Ordinary Meeting                                                                                                                  22 May 2017

Attachment 1 - Organisational Performance and Financial Review - March 2017

 

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ATTACHMENT       

 

 

 


Date of Meeting:     22 May 2017

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2016-2017 Voted Works